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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.

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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)