New York City Employee Benefits Plan Lawyers
If you are looking for an attorney experienced with employee benefit plans the attorneys at Cary Kane LLP are available to represent the plan. Our attorneys have experience handling day-to-day fund administration matters, litigating sophisticated ERISA issues in federal court and everything in between. Call (212) 868-6300 to schedule a consultation.
How We Can Help with Employee Benefits Plans
At Cary Kane, we have experience with:
- Reviewing the legality of plan documents
- Counseling trustees and plan administrators
- Preventing and defending against claims alleging breach of fiduciary duty, improper denial of benefits, and ERISA plan design issues
- Providing guidance and preparation for audits from the IRS and Department of Labor
- Merging or spinning off plans
- For multiemployer plans collecting contributions or handling withdrawal liability claims
- Reviewing the performance of financial investment advisers, plan consultants, and money managers
When dealing with these and other employee benefits plan issues, having the support of a skilled and knowledgeable lawyer is important.
Breach of Fiduciary Duty Claims
Facing a breach of fiduciary claim as a trustee or plan administrator can be stressful. It is important to have qualified counsel defending you. You do not have to be a trustee or a plan administrator to be sued for a breach of fiduciary duty. Under the Employee Retirement Income and Security Act (ERISA) the test for being a fiduciary is a functional test, that is to say, did you exercise any discretion over the management of the plan or the spending or investment of plan assets? If you did, then you became a fiduciary for that purpose.
You may be covered by fiduciary insurance which will pay for the costs of a defense. The duty of the insurance carrier to defend against the claim is generally broader broader than the obligation to pay for a breach of fiduciary duty. This issue may arise when a fiduciary is sued for an alleged breach of the duty while the claim is really for a simple denial of a benefit.
At Cary Kane we are experienced defending against breach of fiduciary duty claims and with working with the insurance carrier for payment.
Contact a New York City Employee Benefits Plan Attorney
Our legal team at Cary Kane LLP has decades of combined experience serving as counsel, co-counsel, and collection counsel for trustees and administrators of pension, annuity, welfare, and legal services plans. Call (212) 868-6300 to talk to an experienced ERISA attorney about representing your plan.