California Employee Benefits Mediator, San Francisco | Profit Sharing, 401(k) Plan, Severance Plan, Oakland, San Jose, Northern CA

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California ERISA Consultant and Mediator John Koss Third-Party Neutral and Equitable Resolutions

California ERISA Consultant and Mediator John Koss frequently serves as a consultant for in-house lawyers in order to determine whether a genuine benefits issue exists, and if so, recommends alternatives that are most appropriate and comply with the law.

In his role as consultant, he often helps plan sponsors and other fiduciaries uncover compliance problems or shortcomings in administration or documentation that might lead to litigation or other unhappy surprises for plan fiduciaries, who are personally liable for losses suffered by the plan.

To schedule a consultation with California employee benefits and pension plans consultant John T. Koss, contact the San Francisco office of John Koss.

Employee Benefits Present Great Potential for Dispute

The potential for confusion and conflict is great when dealing with the complex and potentially emotional area of retirement and benefit entitlement. Employees often claim a mistake was made in determining their benefit amount or entitlement to a benefit, such as:

My monthly pension amount can’t be correct. The benefit statements from the last few years show a much higher benefit. Did the conversion to a cash balance plan really make that much difference?
Sharon and I have been here for the same number of years. Why is her pension larger than mine?
You should have counted my service in the early 70’s for the XYZ Company.

Mr. Smith told me at the time of the merger that my 22 years of service with the Smith Company would be counted towards my pension. Why wasn’t it?
I divorced my husband 19 years ago and I was awarded 50% of his 401(k) account when I reached age 65. Where is my money?
Why is my 401(k) balance so small? How much of my return was eaten up by fees? Who negotiated the contract with the mutual funds, anyway?
I really feel forced into this early retirement incentive program. After all, I’ve been here 32 years, so I want to know my options.
The third-party administrator (TPA) told me on the phone that I could receive a distribution as a lump sum. Why are you telling me now that I cannot?
Why didn’t you tell me about the taxes I would have to pay on the lump sum benefit I received last year?

An Objective Voice in Changing Employment Environments

Human resource directors and benefit managers may come and go over the course of an employee’s participation in benefits plans. Often, records are incomplete or lost, and histories must be reconstructed based on prior plan documentation. Occasionally, a promise was made to an employee concerning a particular benefit by a manager who had no authority to do so.

Despite the best of intentions, the emotionally-charged atmosphere surrounding retirement in general and voluntary severance arrangements in particular often trigger a volley of emotions: feelings of distrust, suspicions that the benefits of the severance plan are applied in an unfair or inconsistent manner, or a generalized confused hostility that saps morale and furthers team or department dissatisfaction. These feelings are not necessarily evident at the outset and often make themselves known only much later, perhaps in an angry letter or worse, in a lawsuit.

When such conflicts arise, the guidance of an objective, outside consulting mediator such as John Koss offers distinct and valuable advantages to both employers and employees.

These advantages include a third-party neutral’s take on the situation, the prospect of a “win-win” resolution and the establishment of a policy whereby future, similar controversies are resolved in the same manner. Of course, not only does this significantly reduce the risk and cost of future litigation but helps to diffuse the suspicion and distrust that could be extremely damaging to the organization long after the controversy has subsided.

All consulting, auditing, and mediation services are performed with the assurance of maximum confidentiality. If Mr. Koss collaborates with in-house counsel, every effort is made to assert the attorney-client privilege, as appropriate.

To schedule a consultation with California employee benefits mediator and consultant John Koss on conflict management and mediation regarding issues such as 401(k) plans, profit sharing, and severance plans, contact the San Francisco office of John Koss.