Firm Profile

Pietzsch, Bonnett & Womack, P.A. represents a broad spectrum of small, medium and large businesses (private, public and non-profit), and counsels these employers on a wide variety of employee benefit plan and executive compensation issues, including:

Qualified Retirement Plans: We advise employers concerning the design and implementation of tax-qualified retirement plans. This includes drafting plans, summary plan descriptions, and related documents, and preparing and submitting Internal Revenue Service (“IRS”) determination letter requests. We provide advice and counsel concerning issues arising in the ongoing administration and operation of plans, including correction of plan and operational errors under the IRS and Department of Labor (“DOL”) correction programs. We also advise employers in connection with audits and investigations conducted by the IRS, DOL, and Pension Benefits Guaranty Corporation.

ESOPs and Other Equity Based Plans: We provide advice to C and S corporations seeking to provide equity based incentives and assist in determining the benefits/costs of an employee stock ownership plan (“ESOP”) verses other forms of equity compensation (such as stock options). For corporations who choose to implement an ESOP, we provide advice concerning the design and implementation of ESOPs, including leveraging vs. non-leveraging. We also draft the ESOP, summary plan description, and related documents, and prepare and submit the IRS determination letter request.

Welfare Benefit Plans: We advise employers regarding ERISA welfare benefit plans, such as health, dental, vision, and severance plans. We also advise employers regarding HIPAA rules (e.g., privacy and security rules), and health care continuation coverage rules (i.e., COBRA), and life, disability, educational assistance, child care, cafeteria, and other fringe benefit plans. We assist employers in connection with audits and investigations conducted by the IRS and DOL, including DOL audits involving the use of demutualization proceeds.

Executive Compensation Arrangements: We assist employers in the design of executive compensation arrangements, including excess benefit and top-hat forms of deferred compensation, supplemental executive retirement programs, and rabbi trusts, and we draft these documents. We also counsel employers with respect to executive employment agreements.

Employee Benefit Plan Issues in Mergers and Acquisitions: We counsel and assist employers with respect to due diligence and warranty issues concerning employee benefit plans.