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Years of Experience
Date Last Verified
ERISA Counsel The candidate will provide operational legal guidance to the business unit relating to all Retirement Services products, services and client companies. Will provide advice and support on a wide variety of legal matters to Retirement Services management and staff, with the main focus on issues related to providing administrative and record-keeping services to clients' 401(k) plans and supporting to company's Strategic Plan Services, affiliated registered investment advisor, with regard to its ERISA fiduciary duties. Advise on some health and welfare ERISA issues across other business units. Provide general and specific ERISA fiduciary legal advice to affiliated registered investment advisor offering 3(21) and 3(38) advice services. Evaluate and provide advice and direction with respect to diverse projects relating to systems enhancements, communication materials, operational procedures and workflows, new product development, marketing alliances and other similar initiatives to ensure those projects and initiatives comply with applicable laws (mainly ERISA and regulatory agencies) and do not expose company to unacceptable legal liabilities. Develop forms of client contracts and negotiate agreements with clients, business partners (for example, trustees) and vendors. Through company's Professional Employer Organization, TotalSource, assist in providing health and welfare ERISA legal support for client-company benefit plans, related contracts, open enrollment, and level-benefit issues. Resolve day-to-day operational and compliance questions, including client escalations, potential claims and/or lawsuits. Review and comment on marketing materials related to retirement services product offerings from a legal perspective. Serves as a legal resource for Retirement Services in resolving regulatory, training, record-keeping, and reporting and disclosure requirements, as well as actual or potential claims or lawsuits and governmental inquiries. Keep abreast of changes to relevant laws relating to regulatory requirements governing qualified retirement plans.
Qualification and Experience
The candidate should have a Bachelor's degree and J.D. degree. Must have 5+ years of legal experience, particularly in the areas of ERISA investment advisory services and qualified plans, with some experience with health and welfare issues. Should have experience in the 401(k) record-keeping industry or as outside counsel to 401(k) record-keepers, if possible. Admission to New Jersey Bar preferred. Employment law experience including FMLA a plus. Benefits attorney preferred. Some employment law knowledge a plus. Experience with BPO (Business Process Outsourcing) highly preferred. Experience at a financial services or insurance company within the retirement plan record-keeping business unit is a plus. Must have very strong legal drafting skills.
Req. Number: 153521
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