Public Sector: Employee Benefits & Executive Compensation

Our decades of experience in federal and state tax laws, as well as state, regional and local laws applicable to benefit programs offered by public sector employees, make Best Best & Krieger LLP attorneys in the Employee Benefits & Executive Compensation practice group uniquely suited to provide public sector employees with unparalleled advice and guidance.
 
We counsel public employers on a variety of employee benefit issues that are critical to recruiting and retaining qualified employees. Nearly 300 California cities, special districts, religious organizations, educational systems and other public agencies can count on our unrivaled experience-base and knowledge to develop excellent and compliant benefits plans. 

Examples of the areas in which our experience can help guide public sector employers include:

• Resolve controversies resulting from an employer’s participation in multiple-employer defined benefit pension plans, including CalPERS, 1937 Act systems, CalSTRS and PARS
• Assist with compliance with various federal and state laws, including federal and state tax code, Affordable Care Act, Public Employee Retirement Law and Public Employee Pension Reform Act
• Review personnel policies to identify potential tax liabilities, recommend corrections and assist with implementation
• Identify permissible ways of modifying pension and retiree health benefits under California’s “vested rights” doctrine
• Design, draft and implement: 401(a) defined benefit and defined contribution plans 457(b) deferred compensation plans and 403(b) plans for school employers
• Irrevocable trusts to prefund pension and retiree health benefits, including Section 115 and VEBA trusts
• Section 125 cafeteria plans
• Health reimbursement arrange­ments
• Fringe benefit policies/plans (e.g., expense reimbursement, mobile device, educational assistance, transportation)
• Assist with IRS and CalPERS audits
• Prepare and submit IRS corrections, including VCP
• Review elected official compensation and benefits

Our practice includes:

• Audits & Investigations
• Compensation & Benefits for Elected Officials
• Constructive Receipt
• Health & Welfare
• Pension Benefits
• Retired Annuitant Employment
• Retiree Health & Other Post-Employment Benefits