Employee Benefits

Dilworth Paxson’s Employee Benefits Group practices in the following areas:

  • Pension, profit and 403(b) sharing plan documents – drafting and design
  • Affordable Care Act compliance/Health Care Reform
  • Governmental pension and 457 plans
  • Employee benefits issues in liquidations, bankruptcy, mergers and acquisitions
  • Qualified retirement plan audits by the Internal Revenue Service and the U.S. Department of Labor
  • IRS and DOL plan correction program filings
  • Determination letter filings with IRS (Forms 5300, 5307 and 5310)
  • Employee Retirement Income Security Act (ERISA) fiduciary/compliance issues
  • Design and implementation of welfare benefit plans, cafeteria plans, HSAs, HRAs and flexible spending accounts
  • Non-qualified plans and Internal Revenue Code Sections 409A, 457(b) and 457(f)
  • Plan termination submissions to the IRS and PBGC
  • Issues related to collectively-bargained and Taft-Hartley multi-employer plan withdrawal liability
  • Taxation of retirement plan/IRA distribution issues
  • Health, disability, and life insurance
  • Annual report (Form 5500 Return) preparation and review
  • Employee stock ownership plans (ESOPs)
  • Design and implementation of early retrirement programs
  • ERISA litigation

The Employee Benefits Group its clients to achieve their business goals in a manner consistent with the ever-changing requirements of such federal agencies as the IRS, DOL, and PBGC.

Dilworth’s Employee Benefits Group lawyers continuously monitor both labor and federal tax laws in order to provide clients with effective and economical counsel in addressing these challenging areas of law. The Employee Benefits Group collaborates with other Dilworth attorneys on a variety of issues relevant to clients. The Employee Benefits Group regularly works with lawyers in the Firm’s Tax Group, Business Department, Litigation Department, and Labor & Employment Group.

ERISA and Other Employee Benefits Litigation

Dilworth Paxson has substantial experience representing plans, employers and third-party administrators in ERISA and benefits-related claims. This litigation has involved benefit denials, fiduciary responsibility, prohibited transactions, preemption, breach of contract, promissory estoppel and unfair insurance practices. 

Representative Matters

  • Negotiating on multi-employer pension plan withdrawal liability assessments.
  • Addressing IRS tax and fringe benefit audit issues for a large governmental authority.
  • Settling significant retirement plan audit issues with the IRS with regard to a cross-tested retirement plan.
  • Negotiating with the DOL and settling various retirement plan fiduciary issues, especially with respect to payment of reasonable fees.
  • Advising HR department clients on the regulations on 401(k) fee disclosures and compliance with the Affordable Care Act (Obamacare).
  • Obtaining a favorable determination letter for a large governmental pension plan.
  • Preparing and filing IRS and DOL plan correction submissions. 
  • Design and implementation of early retirement programs.
  • ERISA litigation.
  • Negotiate ACA ESRP Assessment Settlements with the IRS.
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Group Chairs

Matthew I. Whitehorn
Direct  (215) 575-7166
Philadelphia, PA

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