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James C. PaulPartner621 Capitol Mall |
Areas of Law:ERISA and Employee Benefits, Employment, Corporate, Tax |
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Admitted to Practice in:California, Arizona |
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| ERISA and employee benefits law will continue to take on ever-increasing importance as employers try to comply with a dizzying array of statutes and regulations. The rules seem to change daily, making it hard for employers to control costs and provide meaningful benefits to employees. Jim Paul has been helping employers wade through “the ERISA swamp” for more than twenty years, providing practical and understandable guidance, advice and support.
From 401(k) plan compliance, to executive deferred compensation, and compliance with COBRA and HIPAA privacy rules, Jim has done most everything in the employee benefits arena. His experience includes counseling employers on design, compliance and operation of qualified retirement plans, nonqualified deferred compensation plans, welfare plans, and stock based compensation plans. Jim also counsels employers on fiduciary issues and benefits issues in acquisitions, and has experience in pension and welfare benefits litigation, fiduciary litigation, and the operation of multi-employer/union trust funds.
He is sought after by national organizations for his expertise in his field. In his role as a Co-Chair of the Government Affairs/Administrative Relations Subcommittee of the American Society of Pension Professionals and Actuaries (ASPPA), Jim periodically travels to Washington D.C. to meet with officials from the IRS and the Department of Labor to discuss benefits issues affecting employers. He actively participates in reviewing and commenting on pending employee benefits regulations and legislation.
Jim has successfully obtained IRS approval under Voluntary Correction Programs for – • Retroactive amendment of qualified retirement plans that were not timely amended for changes in the tax laws; • Retroactive amendment of qualified retirement plans to correct errors in drafting plan documents; and • Correction of operational errors in qualified retirement plans, including failure to vest participants in accordance with plan terms of plan and inadvertent exclusion of eligible employees.
He also has particular expertise counseling Native American tribes on benefits issues and dealing with the unique issues faced by public employers under California state laws affecting employee benefits.
Jim has served as President of the Sacramento Chapter of the Western Pension & Benefits Conference and he frequently speaks and writes on employee benefits issues. ExperienceCounsels employers on design, compliance and operation of qualified retirement plans, nonqualified deferred compensation plans, welfare plans, stock based compensation plans, and all aspects of employee benefits law. Counsels employers on benefits issues in acquisitions. Experience with pension and welfare benefits litigation, fiduciary litigation, and multi-employer trust funds. Represents major regional waste disposal company regarding compliance, documentation, and operation for 401(k) retirement plan, self-funded health plan, and cafeteria/spending plans. Prepared self-directed investment policies and procedures for medical specialty group 401(k) plan and advised group regarding limitation of fiduciary responsibility for investments and compliance with ERISA section 404(c). Prepared investment advisory agreements for 401(k) plans and other retirement plans. Negotiated and documented transfer of defined benefit plan assets and liabilities in connection with sale of manufacturing plant. Successfully obtained IRS approval under Voluntary Correction Programs for –
Represents and counsels Native American tribes on applicability of and compliance with ERISA and tax code rules for employee benefit plans. MEMBERSHIPSNational Institute of Pension Administrators, Member Western Pension & Benefits Conference, Sacramento Chapter, Past President American Society of Pension Professionals and Actuaries, Government Affairs/IRS Subcommittee, Chair EDUCATIONGeorgetown University (J.D., 1987) PUBLICATIONSASPPA ASAP, “Treasury Issues Final Regulations For Required Minimum Distributions,” June 21, 2004, Author Journal of Pension Benefits, “Native American Tribal Retirement Plans: What Rules Apply?” Spring 2004, Author The ASPA Journal, “ Neither A Plan Lender Nor A Participant Borrower Be?” May-June 2003, Author The ASPA Journal, “Tinker, Tailor, Soldier, Sailor ... Employee?” March-April 2003, Author ASPPA ASAP, “IRS Postpones Deadline For Amending Defined Benefit Plans To Comply With Required Minimum Distribution Rules And Provides Transitional Relief,” December 31, 2002, Author The Successful Accountant, “The Romance Is Back For Defined Benefit Plans,” Spring 2000, Author PRESENTATIONSDowney Brand LLP, “A Human Resources Tool Box for Managers and Supervisors,” 2007, Presenter ASPPA National Webcast, “Final Code §409A Regulations," 2007, Co-Presenter NIPA 401 (k) Workshop, 2006, Co-Presenter |
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