Expert assistance in resolving disputes around benefits plans
Our experts provide consulting and expert testimony on issues such as plan design, employee communications, and executive benefits and agreements in disputes involving all types of qualified and nonqualified retirement plans as well as certain other forms of executive compensation.
Specifically, our services include:
- Professional Independent Advice
- Expert Testimony
- Dispute outside of litigation
- Participation in arbitration, mediation, and settlement conferences
- Remedy and settlement financial analysis
The October Three Advantage
The senior team has tremendous experience assisting companies and their counsel with disputes arising from broad-based and executive benefit and compensation programs. We are large enough to have a strong team of analyst supporting us with research and computational aspects, but no so large as to be burdened with conflicts of interest. our expertise includes but is not limited to:
- Cash Balance Plans
- Traditional Defined Benefits Plans
- Multi-employer plans
- Defined Contribution Plans
- Executive employment and termination agreements
- Non-qualified plans
- Change of Control
- FICA Tax
We also assist you in non- or pre-litigation issues by helping to respond to benefits claims from an employee or his or her attorney. In addition, we provide compliance review services such as resolving ambiguities in a plan or SPD language or helping to identify operational issues.
Many other actuarial and employee benefit firms are unwilling or unable to effectively take on these kinds of projects. We view this work as important and our consultants have considerable experience in these matters.
Our experts have contributed to many successful verdicts in cases over the last few years.
A few examples of the types of cases we have participated in include:
- Top hat plan (lump sum amounts dispute in plan termination)
- Actuarial equivalence (automatic COLA and year certain options)
- Malpractice damages in acquisitions (controlled group liability)
- Anti- cutback in TRA 86-related amendments
- Layoff bridge benefits following a sale
- Multi-employer plan withdrawal liability
- Administrative services dispute/service provider fees
- Stock drop
- Executive employment agreement dispute.