Employee Benefits and ERISA

Welcome to the Employee Benefits page for The Gilreath Law Firm, P.A. Our attorneys provide the full complement of employee benefit services ranging from development to implementation to administration of employee benefit plans. For almost a quarter of a century, our law firm has helped individuals and businesses throughout South Carolina develop strategies that meet their unique situation and goals. In addition to our Employee Benefit services, our practice includes probate, civil and criminal taxation law, corporate and business law, ERISA and complex commercial litigation. We have the resources to establish tax-qualified retirement and welfare benefit plans for employers, and the creativity to reduce the cost of delivering benefits to employees. Whether you need assistance drafting a 401(k) plan, developing a cafeteria plan, or administering a retirement plan, Gilreath Law can help contain costs, limit liability and protect benefits.

Our attorneys provide a creative approach and practical solutions to employee benefit matters. Our services include:

• 401(k) Plans - developing a plan and reviewing plans drafted by others. We also help clients evaluate and select third-party administrators for their plans. We advise clients on discrimination rules that apply to the plans, as well as correcting plan errors in accordance with the Internal Revenue Service (IRS) methods.
  
• Retirement Plans - we provide design, drafting and maintenance for pension and profit sharing plans including ESOPs, 401(k) plans, complex and defined benefit plans. We also monitor and update existing plans to ensure compliance with the changing regulatory environment.
  
• Cafeteria Plans - (also called Section 125 plans). We can help develop plans that offer employees a range of benefits that enable an employee to select the one that suits them. A common form of a Cafeteria Plan is a flexible spending account.

ERISA

Our ERISA litigation attorneys combine expertise in employee benefit laws with demonstrated success as litigators to ensure that our clients receive the most favorable outcome to their case. Our law firm has provided help to individuals and businesses throughout South Carolina for almost a quarter of a century. In addition to our ERISA expertise, our practice includes probate, civil and criminal taxation law, corporate and business law, employee benefits, and complex commercial litigation. Successful labor and employment lawsuits require a proven record in ERISA litigation - the Gilreath Law Firm has those credentials.

ERISA is the federal law governing employee welfare and pension benefits including retirement, disability, health, welfare and other employment-related benefits. These laws preempt and supercede any contrary state laws. ERISA also sets the minimum standards for pension plans and provides some protection for workers when specific types of pension plans cannot pay the worker the benefits to which they are entitled. Employers must provide comprehensive and clear information about employees' pension rights to meet ERISA standards.

Has your ERISA claim been denied? Generally, individuals whose claim for benefits has been denied must receive a written reason for the denial within 90 after receipt of the claim. If your claim has been denied because the administrator had inadequate information to make an informed decision, you must also receive written instructions as to the information required.

Our attorneys can help you settle the dispute in either an ERISA administrative appeal prior to filing suit, or after the claim is filed through the settlement, mediation or appeal process. We will submit all relevant information and file for discovery of any evidence in the plan administrator's (or insurers') possession.

Employee benefit planning and administration is complex, so it is important to have the help of an attorney who knows South Carolina and Federal laws. The attorneys at The Gilreath Law Firm have the experience and expertise to ensure high-quality, cost-effective strategies for meeting your employee benefit needs. Please contact us today at: 864-242-4727 or via our online contact form.