Nicholas Bertron

Experience

Works with clients on designing, implementing and maintaining retirement, health and welfare, equity and executive compensation plans and arrangements and has extensive experience working with plan sponsors and service providers to adopt and implement an array of plan changes involving plan governance, benefit structures and ongoing plan administration. His experience includes advising on and preparing both discretionary and legally required plan amendments necessary to comply with legal and tax qualification requirements under new and developing laws such as the CARES Act, SECURE Act and SECURE 2.0 Act.

Helps clients identify and correct document and operational errors through participation in voluntary IRS (EPCRS) and DOL (VFCP) correction programs and has successfully negotiated favorable resolutions for plan sponsors subject to DOL enforcement actions with respect to Form 5500 filing issues.

Has substantial experience helping clients navigate the complex process of terminating defined benefit pension plans and has successfully guided plan sponsors through each stage of plan termination, including regulatory compliance, participant communications, asset distribution, annuity purchases, and IRS and PBGC filings.

Assists both buyers and sellers with employee benefits and executive compensation issues arising in corporate transactions by conducting due diligence, drafting and negotiating representations, warranties and covenants in purchase and merger agreements and advising on employee benefit integration and transition issues.

Routinely advises clients on a variety of HIPAA compliance matters concerning the privacy and security of protected health information and assists both covered entities and business associates with drafting and negotiating business associate agreements and preparing, updating and implementing HIPAA policies and procedures.

Counsels clients on the design and operation of equity-based compensation arrangements including operational and tax issues concerning executive compensation, stock plans and other equity compensation programs. He also advises on compliance with Internal Revenue Code § 409A and other issues arising in employment, severance and change in control agreements, nonqualified deferred compensation plans, short and long-term incentive plans and other executive compensation arrangements.

Reviews and negotiates third-party service provider agreements for retirement and health and welfare plans, including contracts with recordkeepers, third-party administrators, trust custodians, investment advisors, insurance companies and consultants.

News

Speaking Engagements

Publications

DOL Issues FAQs on SECURE Act Lifetime Income Illustrations and Interim Final Rule