SERVICES
VanOverbeke, Michaud & Timmony, P.C.’s focus on public employee benefits law allows the firm to provide comprehensive services. The firm routinely provides the following services for our clients:
BENEFIT ADMINISTRATION
- Attending meetings and committee meetings
- Rendering of legal opinions regarding benefit administration, investment compliance, and fiduciary duties
- Drafting, clarification and revision of resolutions
- Presenting formal legal reports at meetings
- Reviewing and preparing policies, procedures and forms
- Meeting and administrative support
- Organizing and conducting seminars
- Preparing and assisting in the development of employee benefit plan handbooks and summary plan descriptions
- Reviewing benefit qualification
- Reviewing Domestic Relations Orders (DROs), Eligible Domestic Relations Orders (EDROs) and Qualified Domestic Relations Orders (QDROs)
- Reviewing, clarifying and interpreting collective bargaining agreements
- Reviewing, drafting and revising Trust Amendments, Plan Amendments, Restatements and Rules
- Reviewing and responding to Freedom of Information Act (FOIA) requests
- Monitoring proposed and enacted federal and state legislation and regulations, and providing guidance on compliance with such legislation and regulations
INTERNAL REVENUE SERVICE COMPLIANCE
- Qualified Plan Determination Letters:
- Defined Benefit Plans (IRC 401(a))
- Defined Contribution Plans (IRC 401(a))
- Hybrid Plans
- Voluntary Employee Beneficiary Associations (IRC 501(c)(9))
- Letter Rulings:
- IRC §414(h): Employer Pick-Up
- IRC §115 Integral Governmental Trusts
- IRC §401(h) Retiree Healthcare Accounts – Deferred Compensation Plans (IRC 457) – HSA’s, HRA’s, etc.
- Reporting and distribution requirements
- Qualified Plan compliance and/or amendments
- Lump sum distributions
- Pre-tax vs Post-tax employee contribution issues
- Social Security Administration Regulation compliance
We are committed to providing quality legal services and to providing quality customer service for all of our clients.
REAL ESTATE TRANSACTIONS
- Loans
- Equities: partnerships, acquisitions, dispositions
- Commercial loans and investments
- Real estate modifications, workouts, and foreclosures
INVESTMENT COMPLIANCE/COORDINATION
- Investment objectives, policies and guidelines
- Investment management agreements
- Investment consultant agreements
- Investment compliance with state and federal laws and regulations
- Requests for Proposals
- Contract negotiation
- Investment qualification pursuant to Public Act 314
SECURITIES CLASS ACTION LITIGATION
- Securities Litigation Policy and Procedure implementation
- Portfolio review and monitoring
- Litigation counsel due diligence
- Litigation oversight
- Development of corporate governance initiatives LEGISLATION
- Monitor proposed federal and state legislation
- Comment on proposed IRS rules and regulations
- Draft and revise proposed state and local legislation
CIVIL LITIGATION
- Complex civil litigation in federal and state trial courts
- Multi-plaintiff and multi-defendant commercial litigation
- Employment and labor litigation
- Civil appeals in federal, state and administrative forums
- Arbitration and mediation
- Federal bankruptcy litigation on behalf of creditors (retirement systems)