Jon Schultze
Partner
Practice Areas
- ERISA and Employee Benefits
- Executive Compensation
- Mergers & Acquisitions
- Retirement Plans
Biography
Jon Schultze joined the Wagner Law Group in 2003 and has served as a partner since 2007, specializing primarily in the areas of Employee Benefits and ERISA. Jon advises and represents privately held, publicly traded and tax-exempt clients of all sizes regarding statutory, regulatory, fiduciary, administrative, and operational issues arising out of qualified and non-qualified employee benefit plans and programs and executive compensation agreements.
At The Wagner Law Group, Jon oversees the firm's qualified retirement plan area, which includes ensuring that our clients' retirement plans conform to legal requirements by reviewing existing plans for statutory, regulatory, and fiduciary compliance, as well as drafting and maintaining the firm's preapproved retirement plan documents. Jon also has extensive experience evaluating the feasibility of various qualified plan designs and revising such designs, representing clients in Internal Revenue Service, Department of Labor, and Pension Benefit Guaranty Corporation audits, performing due diligence reviews of employee benefit plans and programs in company mergers and acquisitions and establishing and maintaining employee stock ownership plans (ESOPs) and representing ESOP-owned companies in mergers and acquisitions.
Jon also is responsible for researching complicated employee benefit issues, such as controlled group determinations, plan correction methodologies and plan compliance requirements that constantly change. He routinely analyzes legal and operational plan failures and achieves favorable resolutions through negotiations with the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation under their respective correction programs, including distress terminations of defined benefit pension plans.
Prior to joining The Wagner Law Group, Jon was an employee benefits and trusts and estates attorney at a Boston law firm and served as a legal assistant, consultant and administrator at two global consulting firms.
Publications & Media
- What Mandatory Auto-Enrollment IRAs Actually Mean – Co-author, 401(k) Specialist, October 16, 2021 (PDF)
- Impact of the Economic Downturn on Single Employer Defined Benefit Pension Plans – Co-panelist with Stephen Wilkes, May 7, 2020, 1:00 PM (ET) –
- Impact of the Economic Downturn on Defined Contribution Plans – Co-panelist with Stephen Wilkes, The Wagner Law Group Free Webinar, May 4, 2020, 1:00 PM (ET) –
- Protecting Yourself: Private Determination Letters, Insurance, and Indemnification – Co-presenter with Roberta Watson at NCEO’s Fall ESOP Festival, October 3, 2017, at the Grand Hyatt, Tampa Bay, FL
- Partial Plan Terminations of Qualified Plans, The ASPPA Journal, Winter 2010
Television Appearances
- Discussing November 2, 2021 Law Alert by Barry Salkin and Susan Rees, November 16, 2021 (PDF)
- Service Provider Collaboration and the DOL’s Cybersecurity Guidance – Susan Rees and Barry Salkin, November 5, 2021 (PDF)
Education
- Boston University School of Law, Boston, Massachusetts
- J.D. - 05/1996
- Wesleyan University, Middletown, Connecticut
- B.A., Bachelor of Arts - 05/1987
- Major: Economics
Bar Admissions
- Massachusetts, 1996
Professional Associations
- Massachusetts Bar Association, Member
- Boston Bar Association, Member
Past Positions
- Maselan & Jones, P.C., 1996 to 2003
- Watson Wyatt Worldwide, Legal Assistant, 1989 to 1995
- Kwasha HR Solutions (PricewaterhouseCoopers LLP), Account Supervisor, 1987 to 1988
Law Alerts
Code Section 1042 Transaction Gone Awry
It is often the case under the Internal Revenue Code (“Code”) that adherence to procedural rules is crucial to secure tax benefits. Failure to meet these procedural conditions can result in unanticipated tax consequences. In the case of Berman v. Commissioner, 163...
IRS Issues Interim Guidance on Matching Contributions Made on Account of Qualified Student Loan Repayments
Starting in 2024, Section 110 of the SECURE 2.0 Act allows employers to make matching contributions to Section 401(k), 403(b) and governmental 457(b) plans, and SIMPLE IRAs (which have analogous but slightly different requirements) on account of employees’ qualified...
IRS Delays Roth Catch-up Contribution Change to Defined Contribution Plans
By John Schultze and Barry Salkin One of the changes made by the SECURE 2.0 Act requires that catch-up contributions made by employees with FICA compensation from an employer sponsoring a 401(k), 403(b) or 457(b) defined contribution plan of at least $145,000 in the...
IRS Issues Transitional Guidance for Required Minimum Distributions
By Jon Schultze and Barry Salkin In response to changes made by the SECURE 2.0 Act of 2022 (SECURE 2.0) to the required minimum distribution (“RMD”) rules of the Internal Revenue Code (the “Code”), the Internal Revenue Service (“IRS”) recently issued Notice 2023-54,...
IRS Issues Guidance on Nonfungible Tokens (“NFTs”) in IRAs and Tax-Qualified Individual Account Plans
By Barry Salkin and Jon Schultze Unlike ERISA, the Internal Revenue Code (“Code”) places almost no restrictions on the manner in which plan assets of individual retirement plans or tax-qualified defined contribution plans can be invested. Certain types of investments...