Skip to main content

Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About
Trending Topics
    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Entertainment & Media
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor, Employment, and Benefits
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations
    Industries

    View All

    • Aviation
    • Cannabis
    • Consumer
    • Energy
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Nonprofit Organizations
    • Real Estate
    • Sports & Stadiums
    • Technology
    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Environmental, Social, and Governance (ESG)

      We help clients create positive return on investments in people, products, and the planet.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    • Women in Dealmaking

      We provide strategic counsel on complex corporate transactions and unite dynamic women in the dealmaking arena.

    1. Home
    2. Capabilities
    3. Practices
    4. Pooled Employer Plans (PEPs)

      Practices

    Pooled Employer Plans (PEPs)

    We provide legal oversight that ensures employers’ fiduciary duties are independently monitored and protected.

    /Overview

    Pooled employer plans (PEPs) are changing how companies manage retirement benefits. PEPs offer several perks: streamlined operations, pooled resources, and simplified plan sponsorship. But, participating in a PEP does not eliminate an employer’s fiduciary responsibilities—it simply shifts how they must exercise and monitor those duties.

    As more financial service providers, private equity-backed firms, and third-party administrators enter the PEP market, one critical safeguard is often overlooked: independent legal oversight focused first on the employer’s best interests. 

    PEPs can reduce administrative burdens, but participating employers are still responsible for monitoring the pooled plan provider (PPP) and ensuring the fees, services, and decisions align with their fiduciary duties. Without an impartial legal advocate in their corner, employers may unknowingly take on legal and financial risks.

    Our Employee Benefits team offers independent legal oversight for PEPs.  We act as a dedicated check-and-balance, bridging the gap between adopting employers and PPPs to ensure every decision is documented, defensible, and in the best interest of plan participants.

    We help our clients:

    • Define and formalize fiduciary roles to eliminate ambiguity.
    • Conduct confidential fee assessments and create clear audit trails.
    • Hold vendors accountable for their fiduciary commitments.
    • Prepare for audits and regulatory inquiries.
    • Create an environment where employers can act with confidence. 

    Our clients include businesses of all sizes, PPPs, and institutions looking to build PEPs that meet the highest standards of scrutiny.

    We help ensure your PEP meets compliance requirements and is supported by independent legal oversight that protects your fiduciary responsibilities and your participants’ interests.

    Our Team

    See Full Team
    • Eric Paley

      Partner / Team Leader, Employee Benefits & Executive Compensation
      • Rochester
      • Office:+1 585.263.1012
      • epaley@nixonpeabody.com
      Eric Paley
    • Lena Gionnette

      Counsel
      • Rochester
      • Office:+1 585.263.1669
      • lgionnette@nixonpeabody.com
      Lena Gionnette
    • Thomas J. McCord

      Partner
      • Boston
      • Office:+1 617.345.1337
      • tmccord@nixonpeabody.com
      Thomas J. McCord
    • Christian D. Hancey

      Partner
      • Rochester
      • Office:+1 585.263.1147
      • chancey@nixonpeabody.com
      Christian D. Hancey
    • Damian A. Myers

      Partner/ Fiduciary Task Force Co-Lead
      • Washington DC
      • Office:+1 202.585.8485
      • dmyers@nixonpeabody.com
      Damian A. Myers
    • Emily Pellegrini

      Associate
      • Rochester
      • Office:+1 585.263.1020
      • epellegrini@nixonpeabody.com
      Emily  Pellegrini
    See Full Team

    Insights And Happenings

    View All
    • Article

      Executive orders: What employee benefit plan sponsors should know

      July 18, 2025
    • Article

      The One Big, Beautiful Bill Act’s impact on employee benefits

      July 9, 2025
    • Article

      Employee Benefits Briefing

      May 27, 2025
    View All

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • Cookie Preferences
    • Privacy Policy
    • Terms of Use
    • Accessibility Statement
    • Statement of Client Rights
    • Purchase Order Terms & Conditions
    • Nixon Peabody International LLC
    • PAL
    © 2025 Nixon Peabody. All rights reserved