Barry Salkin
Of Counsel
Practice Areas
Biography
Barry Salkin concentrates his practice in ERISA and employee benefits law. He has significant expertise drafting, amending and negotiating various ERISA and employee benefit plans, including defined benefit pension plans, profit sharing plans, 401(k) plans, as well as qualified and non-qualified deferred compensation programs. He also has wide-ranging experience crafting group medical and health plans involving Health Care Reform, HIPAA, and COBRA. In addition, he has represented clients in ERISA litigation and audits.
His clients include multi-national corporations, closely-held companies, high-net-worth individuals, financial institutions, governmental agencies, investment groups, and tax-exempt organizations such as hospitals and physicians' organizations.
Barry also advises clients on all aspects of retirement plan tax-qualification requirements and the application of labor and securities laws and regulations to sponsors of employee benefit plans and executive compensation programs. Moreover, he has extensive experience in establishing, merging and terminating benefit plans and compensation agreements, and counsels clients on fiduciary responsibilities and prohibited transactions.
Prior to joining The Wagner Law Group, Barry served as counsel and senior attorney at leading law firms in Manhattan.
Publications & Media
PUBLICATIONS/ARTICLE QUOTATIONS/ SPEAKING ENGAGEMENTS
- Mutual Mistake Under ERISA – Benefits Law Journal, Vol. 37, No. 1, Spring 2024
- Dewan and Beyond – The Creation, Codification, and Implementation of QDROs 2024 – Panelist, Pennsylvania Bar Institute CLE webinar, February 27, 2024 – Click here for details.
- Exhaustion – NYU Review of Employee Benefits, October 2023
- ERISA Section 3(21)(A) and Discretion – Benefits Law Journal, Vol. 36 No. 3, Autumn 2023 (PDF)
- Code Section 457(f) Conundrum: How to Handle Past Year Mistakes (from Vesting) – Co-author, LexisNexis Practical Guidance, March 31, 2023
- The Duty of Impartiality – Author, Benefits Law Journal, Vol 36, No. 1, Spring 2023
- Employee Benefits Plans – Barry Salkin, contributing author, Start-Up & Emerging Companies: Planning, Financing & Operating the Successful Business, ALM
- Secure Act 2.0 Litany of Retirement Change Presents Employers Enhanced Retirement Opportunities for Employee – Co-author, Bloomberg Tax, Tax Management and Compensation Journal, Volume 52, No. 02, February 3, 2023
- First Circuit Illustrates the Importance of the Fiduciary Responsibilities of Health and Welfare Plan Sponsors and Severance Providers Under ERISA – Co-author, Bloomberg Tax Management Compensation Planning Journal, Vol. 50 No. 12, December 2, 2022
- Superseding Cause Under ERISA – Benefits Law Journal, Vol. 35, No. 4, Winter 2022
- Arbitration of ERISA Plan Disputes – Co-author, Lexis Nexis Practical Guidance® Practice Note, November 2022
- Recent Successful Challenges to IRS Actions and Positions – Barry Salkin, New York University 2022 Review of Employee Benefits and Executive Compensation
- Some Nonfiduciary Liabilty Issues After Harris Trust – Bloomberg Tax, Tax Management Compensation Planning Journal, September 2022
- Fiduciary Risk Management and Liability-Driven 401(k) Plan Design – InvestSense, August 28, 2022 (PDF)
- Accident and the Presumption Against Suicide Under ERISA – Benefits Law Journal, Summer 2022, Vol. 35, No. 2 (PDF)
- Mandated Benefits: 2022 Compliance Guide Mid-Year Update – Co-author, Wolters Kluwer, July 2022
- Would A Brokerage Window Limit An ERISA Plan’s Fiduciary Risk? – Financial Advisor Magazine – May 4, 2022 (PDF)
- IRS Issues Proposed Regulations for RMDs Under the SECURE Act – 401(k) Specialist, April 13, 2022 (PDF)
- Work Product in ERISA Context – Benefits Law Journal, Spring 2022, Vol. 35, No. 1 (PDF)
- Alternative Investments in Participant Directed Individual Account Plans: The Treatment of Private Equity Sleeves – Co-author, Bloomberg Tax Management Compensation Planning Journal, 50 CPJ Issue No. 03, March 4, 2022
- Plain, Ordinary Meaning v. Literal Meaning – Journal of Deferred Compensation and Benefits: Nonqualified Plans and Deferred Compensation, Vol. 27, n0. 3, Spring 2022 (PDF)
- Caution Clients Against IRA Asset Class Mistakes – PLANADVISER, February, 1, 2022 (PDF)
- Some Additional Standing Issues Under ERISA – Benefits Law Journal, Vol. 34 No. 3, Autumn 2021
- Crimes and Illegal Acts – Benefits Law Journal, Summer 2021
- Arbitration of ERISA Retirement Plan Disputes – Co-author, Lexis Nexis Practical Guidance Practice Notes, June 2021
- 4 Takeaways From DOL’s New Cybersecurity Guidance – Law360, April 16, 2021 (PDF)
- Mandated Benefits 2021 Compliance Guide – Co-author, Wolters Kluwer, April 2021
- Important Details About SECURE Act Birth and Adoption Distributions – PLANADVISER, September 9, 2020 (PDF)
- Stakeholders Want More Substantive PEP Guidance from DOL – PLANADVISER, August 25, 2020 (PDF)
- Statute of Limitation for ERISA Claims – Co-author with Jordan Mamorsky, Lexis Nexis Practice Advisor Practice Note, January 2020
- Mandated Benefits 2020 Compliance Guide – Co-authors Katherine Brustowicz, Dannae Delano, David Gabor, Marcia Wagner and Roberta Casper Watson, Wolters Kluwer, December 2019
- Posthumous Nunc Pro Runc QDROs – Barry Salkin, Wolters Kluwer Benefits Law Journal, Volume 23, No. 3, Autumn 2019
- Respondeat Supperior in the ERISA Context – Wolters Kluwer Benefits Law Journal, Vol. 32, No. 1, Spring 2019
- Multiple Employer Plans and PEOs – The Wagner Law Group Law Alert, February 19. 2019
- ERISA and DOL Prospectus Disclosures for Company Stock Funds – LexisNexis Lexis Advisor Practice Notes, November 2018
- Best Practices Arising from the DOL Fiduciary Rule – Investment & Wealth Monitor, September/October 2017
- Tax Credits for Professional Employer Organizations – Speaker at the National Association of Professional Employer Organization’s 2017 PEO Capitol Summit in Arlington VA, May 8 – 11, 2017
- The New Section 409A and 457(f) Deferred Compensation Rules Demystified – Webinar for The Knowledge Group, May 3, 2017, 12:00 PM – 1:30 PM (ET)
- Some Standing Issues Under ERISA – Benefits Law Journal, Vol. 30, No. 1, Spring 2017
- Pro Bono Partnership Volunteer Recognition Event – Honored as a Founding Volunteer Attorney, April 19, 2017, ArtsWestchester, White Plains, NY
- Expect More Varied ERISA Litigation in 2017 – PlanAdviser, December 22, 2016
- Experimental and Investigational Treatments and Procedures Under ERISA Group Health Plans – Benefits Law Journal, Vol. 29. No. 3, Autumn 2016
- Mastering New Section 409A and 457(f) Deferred Compensation Rules: Calculating and Reporting Includible Amounts – CPE/EA webinar for Strafford, August 23, 2016
- ERISA expert: Venue selection provisions in retirement plans a best practice – BenefitsPro, August 10, 2016
- Forum Selection Provisions in ERISA Plans – Benefits Law Journal, Volume 29 Number 2, Summer 2016
- Mental Illness Claims Under LTD Plans – Benefits Law Journal, Volume 27 Number 4, Winter 2014
- Challenges to Beneficiary Designations Under ERISA – Benefits Law Journal, Volume 27 Number 2, Summer 2014
- Application of the Laches Defense in Employee Benefit Context – Benefits Law Journal, Volume 26 Number 4, Winter 2013
- Substantial Compliance Under ERISA – Benefits Law Journal, Volume 25 Number 4, Winter 2012,
- Declaratory Judgment Act Under ERISA – Benefits Law Journal, Volume 24 Number 4, Winter 2011
- Slayer Statutes in the ERISA Context – Benefits Law Journal, Volume 23 Number 2, Summer 2010
- Equitable Tolling in the ERISA Context – Benefits Law Journal, Volume 22 Number 2, Summer 2009
Television Appearances
- Discussing November 2, 2021 Law Alert by Jon Schultze, and Susan Rees, November 16, 2021 (PDF)
- Service Provider Collaboration and the DOL’s Cybersecurity Guidance – Jon Schultze, Susan Rees, November 5, 2021 (PDF)
Education
- Harvard Law School, Cambridge, Massachusetts
- J.D., MA - 1977
- Honors: cum laude
- Harvard University, Cambridge, MA
- Ph.D. - 1974
- Major: American History
- Rutgers University, New Brunswick, NJ
- B.A. - 1968
- Honors: summa cum laude
- Honors: Valedictorian
- Major: History
- Harvard University, Cambridge, MA
- M.A. - 1969
- Major: American History
Bar Admissions
- New York
- U.S. Tax Court
- U.S. District Court Southern District of New York
- U.S. Court of Appeals 2nd Circuit
Honors
- Who's Who in America - Marquis Who's Who - As of 2020
- Honored as a Founding Volunteer Attorney by Pro Bono Partnership at the 2017 Volunteer Recognition Event
- Fellow of the American College of Employee Benefits Counsel, 2006 - Present
- Member of the Legal Advisory Counsel for the National Association of Professional Employer Organizations, 2000 - Present
- New York Super Lawyers List, 2011 - Present
- Pro Bono Partnership Volunteer of the Year, 2010
Professional Associations
- Member of the Journal of Pension Planning & Compliance Editorial Board
- Member of the Legal Advisory Counsel for the National Association of Professional Employer Organizations, 2000 - Present
- Member of the Editorial Advisory Board of Benefits Law Journal, June 2015 - Present
Law Alerts
Who’s Liable When a Plan Participant is a Victim of Identity Theft
By Jordan Mamorsky and Barry Salkin Because of the scarcity of case law and regulatory guidance on the issues, any case that analyzes the liability of ERISA plan sponsors and service providers following a cybersecurity incident and/or identity theft will be heavily...
Proposed IRS Regulations Would Make Permanent the Availability of Remote Spousal Consent Elections
By Barry Salkin Longstanding Internal Revenue Service (“IRS”) regulations with respect to spousal consent to a waiver of benefits require an election to be witnessed in the physical presence of a notary public or plan representative. Due to the coronavirus pandemic,...
Congress Enacts Respect for Marriage Act
By, Barry Salkin, Roberta Watson and Jon Schultze n the ordinary course, we would not be advising clients that a statute that a Supreme Court held unconstitutional nine years ago was being removed from the United States Code. However, since the Dobbs decision...
Secure Act 2.0 Brings a Litany of Retirement Changes
By Roberta Watson, Barry Salkin and Alex Olsen The SECURE Act 2.0 of 2022 (“SECURE 2.0”, or the “Act”) became law as part of the Consolidated Appropriations Act of 2023. SECURE 2.0 builds on the Setting Every Community Up for Retirement Enhancement Act of 2019 (i.e.,...
Federal Agencies Issue Group Health Plan Guidance
By Roberta Watson, Barry Salkin and Dannae Delano On December 23, 2022, new guidance applicable to group health plans was issued by federal agencies, as described more fully below. The Center for Medicare and Medicaid Services issued updated fee guidance in...