Stites & Harbison's employee benefits group assists clients in developing, implementing and maintaining qualified pension plans, including profit sharing and money purchase pension plans, 401(k) plans, defined benefit pension plans, stock bonus plans, employee stock ownership plans (ESOPs) and thrift or savings plans. The group's services not only extend to private-sector employers, but also answer the employee benefit plan needs of tax-exempt and governmental employers.

The firm's attorneys both design original plans and modify existing plans. Services also include:

• Handling tax qualification and other plan-related matters before the IRS, such as obtaining favorable IRS determination letters or other rulings and pursuing the correction of various plan failures through IRS compliance programs

• Representing clients in fiduciary and other matters with the Labor Department, including Labor Department audits and applications for individual exemptions from the rules on prohibited transactions between plan sponsors and interested parties and

• Dealing with the Pension Benefit Guaranty Corporation (PBGC) on the termination of pension plans.

In addition to qualified plan services, the group serves clients in matters of executive compensation, including both stock and non-stock incentive plans and options and deferred compensation arrangements. The group's attorneys also counsel clients in matters of welfare benefits such as health plans, cafeteria plans, other employee group plans such as VEBAs and employee fringe benefit plans. In addition, the firm's attorneys litigate ERISA matters in Federal and state courts, as reflected by the firm's success in Mattei v. Mattei, 126 F.3d 794 (6th Cir. 1997), a precedent-setting case involving waiver of pension benefits in light of antenuptial agreements.

Stites & Harbison's employee benefit attorneys are members of the Louisville Employee Benefits Council, Lexington Employee Benefits Council, Southern Employee Benefits Conference and the State Bars of Kentucky and Georgia.