Avoiding Nonqualified Plan Traps: Key Considerations for ERISA Counsel and Employers

For over 35 years, Mr. Poerio has been in private practice with a focus on executive compensation, employee benefits (especially ESOPs), and retirement plan fiduciary matters, not only from a tax and labor perspective, but also from a business, governance, tax, securities, and litigation perspective. He is not only a long-term fellow in the prestigious American College of Employee Benefits Counsel, but served for years as its Treasurer, Vice-President, and then President. Mr. Poerio is Chambers-rated, and has worked regularly with the American Benefits Council (where he was an executive board member for many years).

Ms. Wimer is an attorney and a CPA with nearly 30 years of experience previously serving as a senior partner in the national tax department of a Big Four accounting firm. She has extensive experience advising clients on complex compensation tax issues, including reporting and withholding and also advises on large deduction timing issues in connection with mergers and acquisitions. Ms. Wilmer’s practice includes structuring optimum ownership of private aircraft and business jets, factoring in deduction and income inclusion for personal use, excise tax, depreciation, SEC, Standard Industry Fare Level, and FAA issues. She frequently resolves a gamut of compensation issues such as employment taxes, stock options, Section 162(m), Section 83, deduction limitations, the entertainment disallowance, and a wide variety of fringe benefits, including health insurance.