- Serves as outside counsel to The SPARK Institute, the industry’s premiere plan provider association that represents 98 percent of the employee benefit plans across the country.
- Coordinated over 50 IRS/DOL civil and criminal audits and investigations. Obtained favorable results, including, in many cases, the closure of audits without penalty or indictments.
- Implemented over 60 closing agreements with the IRS, DOL, SEC and Pension Benefit Guarantee Corporation affecting issues relating to areas including retirement plan and welfare plan compliance and reporting.
- Designed corporate governance infrastructures relating to the fiduciary concerns over benefit plan administration for boards of directors for several Fortune 100 companies.
- Regularly conducts employee plan compliance self-reviews and provides alternative approaches to addressing complex plan administration issues.
- Assisted a client in correcting errors that affected over 175,000 active and retired employees. Led the negotiations of several corrections involved in this matter with the IRS. The IRS approved a level of correction that saved the client an estimate of approximately $85 million in potential exposure.
- Provides in-house training for clients to assist in the education of their employees on their benefit programs.
- Advises various benefit plan committees on corporate governance matters as they relate to ERISA roles and responsibilities.
- Lobbied Treasury and IRS on various health and welfare matters, including Health Savings Account implementation.
- Lobbied DOL on Plan Fee issues, default investment and investment advice concerns.
- Lobbied Treasury and IRS on various retirement plan matters, including cash-balance remediation.
- Lobbied SEC concerning various matters affecting retirement plan administrators, including mutual fund restitution issues.
Senior Counsel,
- Phone: +1 202 239 3330
- Email: thomas.schendt@alston.com
Clients faced with various employee-related matters before U.S. federal agencies call on Tom for his relevant experience and proven track record of successful resolution. Tom has coordinated more than 50 IRS and DOL audits and investigations, many of which ended without penalties or indictments against his clients.