Key Contacts

Tonie Bitseff, Counsel
tbitseff@nixonpeabody.com
415-984-8294

David S. Foster, Partner
dfoster@nixonpeabody.com
415-984-8331

Christian D. Hancey, Partner
chancey@nixonpeabody.com
585-263-1147

Sherwin Kaplan, Of Counsel
skaplan@nixonpeabody.com
202-585-8224

Brian Kopp, Partner
bkopp@nixonpeabody.com
585-263-1395

Thomas J. McCord, Partner
tmccord@nixonpeabody.com
617-345-1337

Eric Paley, Partner
epaley@nixonpeabody.com
585-263-1012

Kate Saracene, Counsel
ksaracene@nixonpeabody.com
585-263-1438

View all contacts . . .

Employee Benefits/ERISA

Related Services

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Labor and Employment

EMPLOYEE BENEFITS/ERISA

Employee benefits are a critical tool for recruiting and retaining employees. A company’s benefits package can often be the deciding factor for many job candidates. With the Employee Retirement Income Security Act (ERISA), the Internal Revenue Code, and an environment of ever-multiplying regulations, increased employee claims and litigation filings, and an up-and–down economy, providing an effective and efficient employee benefits program has been particularly challenging. Employers value counsel who can help them minimize their legal risks while maximizing the benefits to their employees—all while minding the employer’s bottom line.

Nixon Peabody offers a team of dedicated attorneys who stay at the forefront of industry trends and issues to help clients navigate the complex web of legal, financial, and fiduciary duties that relate to employee benefits. Unlike firms with a more limited scope, we see the complete picture of how benefits programs fit into our clients’ business objectives, and we provide those clients with proactive and innovative solutions. From qualified retirement plans to health and welfare plans, Nixon Peabody’s Employee Benefits team offers a comprehensive array of services to address virtually any aspect of our clients’ employee benefits needs.

We understand the importance of distilling technical and often complicated legal concepts down to practical advice for our clients. That knowledge derives from our time spent “in the trenches,” not just behind a desk. Our team includes the former Manager of Total Compensation and HR Policy for a Fortune 500 company; a leading former government ERISA litigator with 23 years of experience in the U.S. Department of Labor; an individual who served as the chief Treasury Department spokesman for the pension legislation that ultimately became ERISA; the former deputy general counsel to a multinational pharmaceutical company; a former administrator of the employee benefits plans for a major law firm; and a former CPA. Our members are known as leaders in their fields and regularly author articles and present at the regional, state, and national level.

Employee benefits/ERISA services

Using our in-depth knowledge and significant experience, we:

Design, prepare, and implement qualified defined contribution plans and defined benefit plans
Review and analyze proposed funding improvement and rehabilitation plans for pension plans in endangered or critical status
Provide specialized guidance on group health plans, other welfare benefit plans, and wellness programs so they conform to the requirements of USERRA, GINA, COBRA, and PPACA, the new federal health care reform law
Advise plan committees and other fiduciaries on the special rules that govern their conduct and arrangements that may constitute prohibited transactions
Draft severance and retiree benefit programs to assist with workforce management
Work with universities, hospitals, arts institutions, and other tax exempt organizations to structure retirement and deferred compensation plans that comply with the special rules of Sections 403(b) and 457 of the Internal Revenue Code
Counsel banks, investment advisers, and other financial institutions on compliance issues that arise in investment management, trust and custody services to employee benefit plans, and individual retirement accounts
Negotiate third-party administration agreements, insurance contracts, direct-contracting arrangements, and other provider agreements
Advise multiemployer and Taft-Hartley fund administrators and boards of trustees on the administration of their plans
Advise employers participating in union multiemployer pension plans concerning potential withdrawal liability issues

Thought Leadership/Alerts

Supreme Court upholds plan terms that require reimbursement of participant's recovery from third party
Benefits Alert | April 30, 2013

What employers with self-funded health plans need to know about the new HIPAA/HITECH Act Omnibus Rule
Benefits Alert | March 20, 2013

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Webinar Recording: What the HIPAA Omnibus Rule means for you—Your questions answered
Originally recorded March 11, 2013 | March 15, 2013

Webinar Recording: Health Care Reform: Employer Compliance and Strategies
Originally recorded February 14, 2013 | February 19, 2013

Proposed regulations broaden exemptions from and accommodations for offering group health contraceptive coverage
Benefits Alert | February 15, 2013

Prompt action required by employers on health care reform: IRS issues "play or pay" regulations
Benefits Alert | January 16, 2013

Five New Year's resolutions for employers
Employment Law Alert | January 2, 2013

Attention NY employers: Governor Cuomo signs New York Labor Law amendments expanding permissible wage deductions
Employment Law Alert | September 12, 2012

Massachusetts relaxes rules for employer health care reform contributions
Benefits Alert | August 30, 2012

Webinar Recording: Collective Bargaining for Health Benefits in Today's Legal Environment
Originally recorded August 8, 2012 | August 9, 2012

Webinar Recording: Steps Employers Need to Take Now to Implement Health Care Reform
Originally recorded July 25, 2012 | July 30, 2012

Webinar Recording: ERISA Budget Accounts: Revenue sharing in retirement plans
Originally recorded July 26, 2012 | July 30, 2012

Health care reform: the effect on employers after the Supreme Court decision
Benefits Alert | June 29, 2012

Webinar Recording: Supreme Court Health Care Reform decision: What now?
June 29, 2012

IRS survey of 401(k) plans reveals trends in 401(k) plan design
Benefits Alert | June 11, 2012

IRS issues cloudy clarification of vesting rules
Benefits Alert | June 7, 2012

Good news for health Flexible Spending Accounts (FSAs)
Benefits Alert | June 1, 2012

Webinar Recording: ERISA Budget Accounts: Revenue sharing in retirement plans
Originally recorded May 22, 2012 | May 24, 2012

IRS issues proposed regulations on excise tax imposed on sponsors of health plans
Benefits Alert | April 20, 2012

Fourth Circuit rules on duty to investigate and diversify investments
ERISA Fiduciary Law Alert | December 13, 2011

Your company's variable compensation schemes, written in a language other than French, are not enforceable against your employees who can claim payment of the variable portion of compensation even if they do not meet requirements for this!
Global Employment Law Alert | October 18, 2011

New disclosure requirements mandated by health care reform
Benefits Alert | September 13, 2011

Same-sex couples can now be married in New York—What does this mean for your benefit plans?
Benefits Alert | July 1, 2011

Cigna v. Amara— The Supreme Court weighs in on ERISA cases premised on erroneous or misleading plan communications
Benefits Alert | June 2, 2011

Year-end opportunity for correcting Section 409A compensation agreements
Benefits Alert | November 8, 2010

Webinar Recording: ERISA Fiduciary Update
November 2, 2010

DOL issues final regulation mandating retirement plan fee disclosure
ERISA Fiduciary Alert | July 28, 2010

Fiduciaries breached duty of prudence by investing in retail share classes
ERISA Fiduciary Alert | July 20, 2010

Health care reform update: new regulations spell out how health plans can lose their grandfathered status
Benefits Alert | June 25, 2010

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Press

Chambers Recognizes Leading Nixon Peabody Attorneys and Practices
March 14, 2013

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Media Clips

ACA Checkup Can Help Keep Firm Healthy
Providence Business News | April 8, 2013
Providence Health Services partner Steve Zubiago and Rochester Labor & Employment counsel Kate Saracene co-authored this column focused on “play-or-pay” health care reform mandates that will require many companies to make changes in whether and how they provide health care benefits to their employees.
Preparing for Healthcare Reform
Corporate Secretary | March 26, 2013
Rochester Labor & Employment partner Eric Paley discusses how preparing for provisions of the Patient Protection and Affordable Care Act that go into effect in 2014 could be a big deal for many companies.
Questions Arise on Future of Domestic-Partner Benefits
Buffalo Business First | March 15, 2013
Labor & Employment and Employee Benefits partner Brian Kopp discusses if and how the expansion of benefits through marriage will impact domestic partnership policies among opposite-sex couples.

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What to Look for in Health Care Reform Mandates Next January
Rochester Business Journal | March 15, 2013
Rochester Corporate partner Jeff LaBarge and Rochester Labor & Employment counsel Kate Saracene co-authored this column discussing the next wave of health care reform compliance mandates.
New ACA Employer Mandate Gives Cos. Surprising Leeway
Law 360 | January 11, 2013
Rochester Labor & Employment counsel Kate Saracene discusses proposed regulations from the U.S. Department of the Treasury and the Internal Revenue Service relaxing a health reform requirement for large employers.
Legal Advisers Step in to Help Navigate Uncharted Waters
Rochester Business Journal | September 21, 2012
Rochester Labor & Employment partner Eric Paley and Rochester Labor & Employment counsel Kate Saracene discuss how the firm has responded to the passing of the Affordable Care Act and have helped clients navigate the changes.
How to Make Your 401(k) Last Forever: The Pension Rollover
Forbes | August 8, 2012
Boston labor and employment partner Tom McCord provides commentary in this article discussing renewed interest in a lesser-known, potentially cheaper option to guarantee lifetime payments of 401(k) retirement account balances—the DC to DB rollover.
Supreme Court Sends Employers Scrambling
Long Island Business News | July 5, 2012
This article addresses the impact of the Supreme Court’s health care reform decision on employers. Labor & Employment partner Tom McCord provides commentary.
Anticipate Requirements Now for Employer Group Health Plans
Rochester Business Alliance Newsletter | May 1, 2012
This column, authored by Rochester Labor & Employment counsel Kate Saracene, discusses what employers need to know in order to be compliant with the Patient Protection and Affordable Care Act.