Elise Norcini

Elise provides representation to a variety of corporate, institutional and tax-exempt clients regarding employee benefits and executive compensation issues. This includes the design and administration of qualified and non-qualified plans, participant disclosures and governmental filings under corrective programs, identifying employee benefits issues in the context of corporate transactions and addressing issues of regulatory compliance with ERISA fiduciary and prohibited transaction rules.

Elise counsels employers, fiduciaries and service providers in employee benefits matters including:

• The design and implementation of new qualified retirement plans, plan mergers and plan terminations
• The design and implementation of non-qualified deferred compensation plans and arrangements subject to Code Section 409A
• Developing practical solutions regarding operational compliance issues in the administration of qualified retirement plans, including applications to the IRS and DOL correction programs
• Representation for plan sponsors when their employee benefit plans are the subject of audit or investigation by the Department of Labor, Internal Revenue Service (IRS) and the Pension Benefit Guaranty Corporation (PBGC)
• Understanding fiduciary status and fiduciary duties and analyzing problems regarding ERISA fiduciary duties and prohibited transactions
• Obtaining IRS approval of plan documents (for new plans and merged plans) and terminations
• Resolving benefit claims and appeals for benefits

Elise supports our Corporate Practice Group by analyzing employee benefit issues arising in corporate transactions involving a range of corporate structures so that clients can proactively address transactional and legal constrains impacting their employee benefit programs prior to closing. This work includes conducting benefits due diligence and negotiating benefits and compensation terms in mergers, acquisitions and divestitures. Elise also advises clients on the integration of benefit plans, including plan mergers, governance and participant communication after the close of the transaction.

For our for-profit plan sponsors, Elise counsels employers on the design and administration of virtually every type of employee retirement, deferred compensation and incentive plan, including:

• 401(k) plans, profit-sharing plans, money purchase plans and defined benefit pension plans
• Cash and equity-based incentive plans
• Change of control, bonus and retention arrangements
• Severance plans/arrangements
• Plans and arrangements subject to 409A of the Internal Revenue Code

For our tax-exempt plan sponsors, Elise advises plan sponsors on the design and administration of 403(b) and 401(k) plans, defined benefit pension plans, “eligible” 457(b) plans and “ineligible” 457(f)/409A plans.