Carol  Buckmann

Carol Buckmann, Counsel, Pensions & Benefits

Contact Information

  • tel: 212.991.2581
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Bar Admission

New York, 1977

Education

  • New York University, J.D.
  • Barnard College, B.A. (summa cum laude)

Office

New York

Language(s)

English

Biography

Carol has practised in the employee benefits field for over 30 years, advising clients on all aspects of employee benefits and retirement plans, including questions relating to 401(k), defined benefit and employee stock ownership plans, welfare plans, fiduciary responsibility, prohibited transactions and plan asset issues arising in investment fund formation. She specializes in drafting qualified retirement plans and obtaining Internal Revenue Service approval of new plans, plan restatements and plan amendments, advising on plan compliance and IRS audits. Carol also has extensive experience in drafting non-qualified supplemental executive pension plans designed to provide benefits to selected executives in excess of those permitted to be paid by tax qualified plans and drafting and reviewing plans of tax-exempt employers.

Notable Matters

  • I.R.S. approvals of U.S. tax qualified plans.
  • Drafting qualified plan amendments to comply with recent law changes.
  • Drafting cafeteria plans for a multinational employer.
  • Advising regarding ERISA aspects of investment fund formation and U.S. securities offerings.
  • Advising and amending plans to comply with U.S. Code Section 409A.
  • Negotiating ERISA and tax-related benefits provisions of acquisition agreements and credit agreements.
  • Advising tax exempt organizations on compliance with final 403(b) regulations.
  • Advising multinational employers on legal implications of severance and reductions in force.

Affiliations

  • American Bar Association
  • Steering Committee, Worldwide Employee Benefits (New York Chapter)
  • American Benefits Council

Industry Recognition

  • Martindale-Hubbell - AV Preeminent Rating

Publications/Events/Education

  • Expert Q&A on ERISA Fee Disclosures in the Marketplace, Practical Law Company, July 2014.
  • Expert Q&A on Fee Disclosures in the Marketplace, Practical law Company, June 2014.
  • The Teflon Fiduciary: Fifth Circuit Muddies the ERISA Waters, presentation to Bloomberg BNA Advisory Board, May 2014.
  • Employee Plan ’Fix-It’ Programs and How to Use Them, The CPA Journal, November 2013.
  • Canadian (And U.S.) Investment Funds Face New Risk Of Pension Liability – What’s Keeping Fund Sponsors Up At Night, peHUB Canada, August 30, 2013.
  • Practice Notes, Service Provider Disclosure Requirements for Pension Plans and Disclosure Requirements for Participant-Directed Defined Contribution Plans, Practical Law Company Employee Benefits & Executive Compensation Library, 2011-2012 and June 2012 Issue of PLC magazine
  • Smooth Sailing – Safe Harbours Can Protect U.S. 401(k) Fiduciaries and Plan Sponsors, Benefits Canada Across Borders, August 2010.
  • Countdown to US Health Care Reform, Canadian H.R. Reporter, July 12, 2010.
  • 401(k) Fees Litigation Still a Concern in U.S., Benefits Canada Across Borders, March 2010.
  • Changing Pension Practices Post-Madoff, Benefits Canada Across Borders, December 2009.
  • Developments for Sponsors of U.S. 401(k) Plans, Benefits and Pensions Monitor, October 2009.
  • Top Plan Operation Mistakes and How to Fix Them (Moderator), Worldwide Employee Benefits (New York Chapter), March 2009.
  • Presentations on U.S. benefits developments at the Canadian Pension and Benefits Institute's Forum 2008 and to the Ontario Bar Association.

Downloadable Profile

Carol Buckmann