David Joffe practices primarily in the areas of employee benefits and executive compensation law. He is the chair of the Employee Benefits and Executive Compensation Practice Group.
Retirement Plans: David advises clients on the design, implementation and administration of qualified and nonqualified benefit plans. He consults with plan sponsors, administrators and fiduciaries of private, governmental, multi-employer and church plans. David has experience with a variety of benefit plan arrangements, including traditional defined benefit pension plans; 401(k) and other thrift plans; profit-sharing plans; SIMPLE IRAs and SEPs; HR 10, money purchase or Keogh plans; pre-approved plans; and ESOPs. David counsels employers on the tax aspects of such plans, including qualification issues and reporting obligations, and he regularly advises on related ERISA issues, including reporting and disclosure requirements, participation and vesting rules, fiduciary duties, prohibited transactions and trustee obligations. His experience includes advising benefit plans on compliance with the VCOC and REOC requirements related to the “plan asset” rules.
Health and Welfare Plans: David routinely advises employers regarding welfare benefit plan issues (insured and self-funded), including the requirements under the Affordable Care Act, COBRA, HIPAA and other laws relating to group health, life, disability and retiree medical plans. As a related matter, he prepares and advises employers on Section 125 cafeteria plans, health and dependent care flexible spending arrangements, and Section 501(c)(9) VEBA trusts. He is routinely involved with disputes, including litigation, relating to benefit claims. David represents employers and fiduciaries on compliance issues and with audits conducted by the IRS, DOL, PBGC and other governmental agencies. He also advises sponsors and administrators on self-correction programs, including EPCRS and VFC.
Executive Compensation: David regularly counsels employers and executive management on compensation issues. He has extensive experience with deferred compensation arrangements (e.g., nonqualified deferred compensation plans, excess benefit and top hat plans, SERPs, golden parachutes, split-dollar agreements and rabbi trusts), including the application of Code Section 409A. He advises executives, as well as board members, on stock-based compensation issues. David is frequently involved in preparing executive compensation plans and individual executive employment and compensation agreements. He works on executive compensation issues in transactions, including the application of Code Section 280G. David also works with employers on related employment tax issues, including tax reporting and withholding requirements.