EMPLOYEE BENEFITS CONSULTING AND QDRO FEE SCHEDULE

A. Employee Benefits Consulting

Steve Leventhal’s law practice includes – in addition to estate planning, tax and business planning, QDRO consulting and document preparation -- all aspects of retirement plan compliance. Matters relating to retirement plan compliance may be handled by actual representation of clients with plan compliance issues, or by consultation with a plan representative over the telephone or by e-mail. The charges for these services depend on when there is actual client representation or whether consultation is for individual issues either telephone or e-mail.

Client Representation-Where clients request actual representation on retirement plan matters under the IRS Employee Plans Compliance Resolution Program (EPCRS), DOL Voluntary Fiduciary Correction Program, or the DOL Delinquent Filer Voluntary Compliance Program - for example, representing a plan administrator where there have been single or multiple failures affecting many clients - fees are negotiated at a flat fee or at the rate of $175/hour.

Issue-Related Consultation---Where clients request consultation with regard to single or multiple compliance issues - for example, how to proceed under the Administrative Policy Regarding Self-Correction - consultation is $44 for the first fifteen minutes, $88 per half-hour, and $175/hour. The fee is the same for responses that can be given over the telephone or that require more detailed research in response to either an e-mail or telephone inquiry.

• Clients are asked to provide a time-frame for the response.
• All responses by e-mail will be completed as soon as possible and will depend on the nature and difficulty of the questions.
• If response to a telephone inquiry can not be made immediately, then the time frame for the reply will be worked out at that time. The response will either be by telephone or e-mail, as requested by the client.

Billing--- A statement will be sent out at the end of the month for all "issue-related consultations" with payment due in 30 days. A statement will be sent out at the conclusion of a "client representation" when all matters pertaining to the representation have been completed.

Current Topic Articles and Weekly Updates--- Steve Leventhal prepares, free of charge on this web site, monthly articles and weekly updates on qualified plan, TSA, and SEP compliance issues, estate and business planning, qualified domestic relations orders (QDROs), and the tax aspects of divorce. See the tip of the week and feature article sections for additional information.

QDRO Fee Schedule

The following fee schedules relate to consulting on QDRO issues, the drafting of QDRO documents, and consulting on the tax aspects of divorce.

QDRO Document Preparation and Review

Oregon PERS -- $600
California PERS and Federal Civil Service Retirement System -- $675
Railroad Retirement System and Military Plans -- $175/hour
Non-government defined benefit plans -- $675
All defined contribution plans, such as 401(k), TSAs, and profit-sharing plans -- $600
IRAs (see below) -- $300
Review of Drafted QDRO -- $175/hour

These fees cover a thorough review of the divorce decree, discussions with the parties, attorneys, plan administrators, and brokers; drafting the QDRO documents; and obtaining pre-approval from the plan administrator. The fees do not cover filing the QDRO with the court (there is a $30 file for court filings) or the estate/tax planning aspects of the dissolution of the retirement plan assets. Unless other arrangements are made, court filings, signatures, and final submission to the plan administrator should be handled by the parties or their divorce attorney. In those cases where consulting is required with regard to how a retirement plan is to be divided, additional hourly rates – separate from the QDRO document preparation – will be required. While pension law does not require an IRA to be the subject of a QDRO, if a plan administrator requires or a party seeks a QDRO, one can be drafted to divide the IRA as agreed to by the parties.

Consulting Fees -- $175/hour

These fees cover legal advice regarding the division of marital assets (such as pre-divorce consulting), the estate planning dissolution of retirement plan assets, and the tax aspects of divorce.

"Steve Leventhal is highly respected and has an in-depth knowledge of qualified and 403(b) plans and the IRS voluntary correction programs. He has spoken at many conferences, written articles, and published books on these topics that show great insight and understanding of the concepts involved in this highly technical field. I greatly respect Steve's ability to present these complex subjects in an understandable manner."

-- Theresa Lensander, President of the American Pension Company in Santa Barbara, CA; and Chair of the Subcommittee on 403(b) Plans for the American Society of Pension Actuaries.