Hugh practices in the areas of ERISA and Employee Benefits. He is currently representing corporations and other entities in the design and operation of retirement and welfare benefit plans and executive compensation packages, including matters concerning ERISA and Internal Revenue Code compliance. In his experience, Hugh has represented qualified plan sponsors in restating their plans to comply with the Tax Reform Act of 1986 and other changes in tax law, represented sponsors of employee stock ownership plans in connection with plan purchases of employer securities, including leveraged transactions, and represented employee stock ownership plan fiduciaries in complex claims review process. He has also represented sponsors of qualified retirement plan in connection with Internal Revenue Service and Department of Labor audits, and in the resolution of tax qualification issues under Internal Revenue Service voluntary compliance programs.
Representative Experience
- Advising governmental and private sector employers in the design and operation of retirement and welfare benefit plans and executive compensation packages, including matters concerning ERISA and Internal Revenue Code compliance
- Assisting plan sponsors in amending qualified plans to comply with changes in federal laws
- Designing and redesigning qualified plans to take advantage of new rules and strategies, including safe harbor 401(k) plans, age-weighted profit sharing plans, and "new comparability" plans
- Representing and advising sponsors of employee stock ownership plans and 401(k) plans in connection with plan purchases of and investments in employer securities, including leveraged ESOP transactions
- Representing plan fiduciaries in benefit claims and disputes, including ESOP disputes
- Advising sponsors of qualified retirement plans in connection with retirement plan mergers, spin-offs and terminations, including terminations of defined benefit plans under Pension Benefit Guaranty Corporation regulations
- Advising employers on employee benefits issues arising in business transactions, including mergers and acquisitions
- Representing associations in the design, implementation and administration of multiple employer welfare arrangements, including representation before the North Carolina Department of Insurance in licensing matters
- Representing sponsors of qualified retirement plans before the Internal Revenue Service, Department of Labor and Pension Benefit Guaranty Corporation, including advice and representation in connection with Internal Revenue Service and Department of Labor voluntary compliance programs
read all representative experience