John H. McKendry Jr.

Experience

• Led efforts to transition public and private sector clients to cap health care costs and cope with health care reform legislation through the use of defined contribution health care plans, cafeteria plans, and pretax arrangements utilizing public and private exchanges
• Prepared and supervised Request for Proposals for 401(k) and cash balance plans and retirement plan services resulting in  acceptance of  fiduciary liability by the investment adviser and provides an annual reduction of greater than $250,000 in fees to the Plan and its participants
• Represented a pension trustee in avoiding criminal and ERISA civil and fiduciary liability for investment with Bernard Madoff
• Assisted employers in eliminating retiree health care liability through the creation and qualification of tax exempt, IRC 501(c)(9) Voluntary Employee Beneficiary Associations
• Led client and industry groups in drafting and implementing proposed and final regulation compliant 403(b) and 457 plan and funding documents and ancillary provider and agent service and recordkeeping agreements
• Drafted and obtained approval of the first 401(k) master and prototype plan in the United States for financial services industry clients
• Provides recurring training and advice to financial services providers, third party administrators, accountants and auditors
• Secured initial private letter rulings assuring favorable tax treatment of self insured health care and fringe benefit plans
• Designated and implemented numerous nonqualified deferred compensation arrangements for private sector, governmental and tax exempt employers assuring compliance with IRC § 61,409A and 457(f) requirements and obtaining substantial employment and income tax deferral and savings
• Regularly represents private and public sector, accounting, closely held, distribution, financial services, family office, manufacturing, multiple employer, multi-employer professional services, school district, college and university, and local governmental clients in the design of plans and for the engagement and provision of investment, fiduciary, recordkeeping and administrative services including negotiation of agreements securing providers fiduciary status, appropriate standards of care, and reasonable fee arrangements for employee benefit plans (including defined benefit, traditional and cash balance defined contribution, deferred compensation, 401(k), 403(b), and 457 plans, section 125/flexible benefits/cafeteria, health care and other fringe benefit plans)