Welcome to the inaugural edition of our Washington D.C. newsletter, which will address legislative and regulatory issues through the prism of The Wagner Law Group’s Washington D.C. expertise. Our Washington D.C. office members have unique experience gained from working in government agencies. The Wagner Law Group is proud of its firm-wide relationship, based on mutual respect, with regulatory agencies that provides insight and enables us to manage the need for direct representation and dialogue when appropriate.
This Newsletter summarizes and provides links to the following timely and important articles:
- Federal District Court Declares Current Regulatory Framework for Assessing Excise Taxes Under the Affordable Care Act’s Employer Mandate is Void and Unenforceable – by Eric Keller and Roberta Casper Watson
The practical effect of the court’s potentially earthshaking declaration would seem to be that, unless such declaration is overturned on appeal, employers have no liability to pay excise taxes under Section 4980H of the Internal Revenue Code and may file a refund claim for such taxes previously paid. For more information, click here.
- Popular Benefits-Related Tax Provisions May be Targeted to Raise Revenue for Federal Tax Cuts – by Eric Keller
Some of the largest tax expenditures found in the Internal Revenue Code provide tax-favored treatment for a variety of popular employee benefit programs, such as the exclusion from income for employer-provided health insurance as well as tax-favored retirement plans and accounts and equity-based compensation arrangements. One or more of these or other popular benefits-related tax provisions may be targeted to help pay for the expected extension of the Tax Cuts and Jobs Act of 2017 as well as the possible implementation of other tax cuts that have been championed by President Trump, such as excluding tips and Social Security payments from income taxes. For more information, click here.
- Highlights of 2024 PBGC Meeting With ABA’s Joint Committee on Employee Benefits – by Harold Ashner and Israel Goldowitz
On April 30, 2025, the American Bar Association (“ABA”) posted a summary of the May 1, 2024, meeting between representatives of the Pension Benefit Guaranty Corporation (“PBGC”) and representatives of the ABA’s Joint Committee on Employee Benefits (“JCEB”). For a summary of the key highlights of meeting, click here.
- Retaining an Independent Fiduciary to Address Prohibited Transactions or Enable Plan Fiduciaries to Appropriately Allocate Risk – by Stephen Wilkes and Seth Gaudreau
The retention of an independent fiduciary plays a critical role not only to resolve a conflict in a prohibited transaction sense, but to provide an appropriate method of effective risk allocation to Plan fiduciaries who must otherwise discharge investment and other transactional duties (often quite complex in nature) in a prudent fashion, e.g., PBM service arrangements. For more information, click here.
- Executive Compensation in Volatile Times: Advice for Privately-held Companies and Their Executives – by Mark Poerio
From tariffs to cash flows, small business owners may feel that mid-2025 warrants attention to how key employees are compensated and retained. For ideas on how to attract and retain key executives in volatile times, for more information, please click here.
- ERISA and Bankruptcy: Conflict or Harmony? – by Israel Goldowitz
With the economy and the securities markets roiled by trade wars, many businesses are no doubt considering the possibility of a recession. We might also expect a major increase in bankruptcy filings. That may require consideration of how ERISA and the Bankruptcy Code interact. Judge Craig Goldblatt of the Delaware Bankruptcy Court has been conducting a master class in the Yellow Corporation Chapter 11 case. For a summary of the key rulings he has made to date, please click here.
WLG’s Washington Office Welcomes Three Preeminent Attorneys
The Wagner Law Group has expanded its Washington DC office with the arrival of three preeminent employee benefits attorneys: Joni Andrioff and Eric Keller who joined in February and Camille Castro who joined in April.
Ms. Andrioff is recognized as a leader in the area of employee benefits and executive compensation law with over 35 years of working in partnership with employers, service providers, and ERISA fiduciaries. Mr. Keller has over 25 years of experiencing counseling employers, fiduciaries and service providers on the full spectrum of executive compensation and employee benefits law. Ms. Castro brings over a decade of experience related to ERISA and pension plans, most recently as the PBGC’s Office of the Advocate.
Ms. Andrioff and Mr. Keller are fellows of the prestigious American College of Employee Benefits Council, and Ms. Andrioff is the immediate past president of the ACEBC. Our Washington Office has seven attorneys who are ACEBC fellows, two of whom are former ACEBC presidents. The Wagner Law Group has 13 attorneys who are ACEBC fellows, more than any other law firm.