Matthew D. Goedert

My focus

Qualified Retirement Plans

I counsel employers in the design, implementation and administration of qualified retirement plans—including correcting operational errors discovered during plan administration. I have had success finding creative solutions to correct retirement plan tax qualification and fiduciary issues (e.g., negotiated with the Department of Labor to reduce penalties associated with multiple year late 5500 filings). I help plan fiduciaries understand their administrative duties.

ESOPs

Over the years, I have advised numerous corporations, trustees and shareholders of closely held companies on a wide variety of ESOP transactions—to include leveraged buyouts, corporate redemptions, ownership succession transactions, corporate reorganization, unwinding ESOP transactions and sale of all or part of the ESOP employer securities. I have structured numerous ESOP transactions and assisted companies find financing to partially fund transactions. I have also helped board of directors and corporate management navigate corporate government issues particular regarding ESOPs.

Beyond transaction, I have advised sponsors and fiduciaries on ESOP compliance and technical issues that occur during the year such as testing, distributions, participant dispute and prudent practices.

Government Audits/Investigations

My practice also includes representing clients with respect to IRS and Department of Labor examinations and audits and assisting in the resolution of plan defects, including submitting plan corrections under both the IRS and Department of Labor correction programs. I have a long track record of limiting cost and exposure for clients in IRS and Department of Labor investigations.

Looking ahead

With an aging workforce, I expect more litigation for qualified retirement benefits in the future. Plan sponsors and fiduciaries need to consistently review their practices in light of the current litigations and government activity in order to stay one step ahead.

Insights

Publications

• “Legal Update—Regulatory and Case Law Developments,” ESOP Report, The ESOP Association, December 2011 Issue
• “Treasury Department Issues Final Section 415 Regulations—Overview of Application to Defined Contribution Plans,” Pension & Benefits Today, San Francisco Western Pension & Benefits Conference 2007 Summer Issue
• “Retirement Plan Costs,” Northern Nevada Business Journal, April 24, 2006
• “Tax Advantages, Employee Participation May Benefit Owner Ready to Sell,” Northern Nevada Business Journal, April 18, 2006
• “Five Ways to Benefits Plan Trouble,” Northern Nevada Business Journal, November 7, 2005
• “Employee Stock Ownership Plans, An Alternative Way to Sell Your Business,” Nevada Business Journal, June 2005
• “Legislative Developments in California,” ESOP Express, Summer 2004

Presentations

Matthew is a frequent speaker on employee benefit issues and ESOPs. Recent presentations include:

• “2022 Employee Benefits Briefing,” Nixon Peabody California MCLE Virtual Seminar, January 21, 2022
• “Advance 1042 Issues” Annual Conference, NCEO Employee Ownership Conference, April 2017
• “ESOP Responsibilities and Culture as an Owner,” Spring Seminar Series, California/Western Chapter of the ESOP Association, March 2017
• “Diversification Current Trends,” ESOP Las Vegas Conference and Trade Show, ESOP Association, November 2016
• “Legal and Regulatory Update,” Chapter Conference, California/Western chapter of the ESOP Association, October 2016
• “Have and Have Nots” Solutions to Even the Playing Field” Annual Conference, NCEO Employee Ownership Conference, April 2016
• “Boards of Directors’ and Trustees’ Roles in ESOP Companies,” ESOP Las Vegas Conference and Trade Show, ESOP Association, November 2015
• “Buying and Selling ESOP Companies,” Chapter Conference, California/Western chapter of the ESOP Association, October 2015
• “Understanding the ESOP Benefit,” Spring Seminar Series, California/Western Chapter of the ESOP Association, March 2015
• “Bring Your ESOP Issues,” ESOP Las Vegas Conference and Trade Show, ESOP Association, November 2014
• “Dealing with the IRS and DOL,” Chapter Conference, California/Western chapter of the ESOP Association, October 2014
• “Spring Training for Employee Owner: Back to Basics,” Spring Seminar Series, California/Western Chapter of the ESOP Association, March 2014
• “Section 1042 Rollover Transactions,” ESOP Las Vegas Conference and Trade Show, ESOP Association, November 2013  
• “Basic ESOP Governance: Fiduciary vs. Settlor Activities,” Chapter Conference, California/Western chapter of the ESOP Association, October 2013
• “Basic ESOP Distribution Rules,” Annual Conference, NCEO/Beyster Institute Employee Ownership Conference, April 2013
• “Legal and Regulatory Update,” ESOP Las Vegas Conference and Trade Show, ESOP Association, November 2012
• “ESOP’s Role in Mergers and Acquisitions,” Chapter Conference, California/Western chapter of the ESOP Association, October 2012
• “Basics of ESOP Administration,” Annual Conference, NCEO/Beyster Institute Employee Ownership Conference, April 2012
• “DOL Proposal Regulations on the definition of ‘Fiduciary,’” ESOP Las Vegas Conference and Trade Show, The ESOP Association, November 2011
• “Advanced Benefit Distributions and Repurchase Obligation Planning,” Chapter Conference, California/Western chapter of the ESOP Association, October 2011
• “Issues Critical for Long-Term ESOP Sustainability,” Annual Conference, (NCEO/Beyster Institute Employee Ownership Conference, April 2011
• “A Year in the Life of Your ESOP,” Spring Seminar Series, California/Western chapter of the ESOP Association), March 2011
• “Rebalancing and Reshuffling,” ESOP Las Vegas Conference and Trade Show, The ESOP Association, November 2010
• “ESOPs 101”—An Introduction for Employee Owners,” Chapter Conference, California/Western Chapter of the ESOP Association, October 2010
• “ESOP Termination Partial Plan Terminations,” Annual Conference, NCEO/Beyster Institute Employee Ownership Conference, April 2010
• “Making the Most of Your ESOP Involvement Committees,” Spring Seminar Series, California/Western Chapter of the ESOP Association, March 2010