David Ashner’s practice covers a broad range of legal issues relating to benefit structures, tax qualification requirements, fiduciary duties in the administration of employee benefit plans, plan funding rules, plan investments, and executive compensation. David’s clients include employers, multiemployer plans, church plans, governmental plans, service providers, and trade associations. He has substantial experience drafting and reviewing plan documents, including amendments necessary to comply with changes in tax-qualifications requirements. He has helped numerous clients with IRS submissions, including corrections of plan errors through the agency’s Voluntary Corrections Program. David regularly counsels employers that administer ERISA-covered retirement plans about their fiduciary duties under ERISA, including with respect to plan governance structures, benefit claims, required plan notices and other participant communications, and selection and monitoring of plan service providers. He previously worked on the tax staff of the U.S. Senate Finance Committee. Previous Experience Analyst & Assistant Director of State Government Advocacy, The American Academy of Physician Assistants Research Associate, U.S. Senate Finance Committee Intern, U.S. Senate Committee on Health, Education, Labor & Pensions Honors & Distinctions Editorial Board Member, Journal of Law and Politics Contributing Author, 403(b) Answer Book
Publications Supreme Court Limits Ability of Pension Plan Participants to Sue for Fiduciary Breach Groom Benefits BriefJune 8, 2020
Publications Supreme Court Vacates & Remands Plaintiff-Friendly Ruling in IBM “Stock Drop” Litigation Groom Benefits BriefJanuary 16, 2020
Publications SECURE Act Testing Relief for Closed/Frozen Defined Benefit Plans Groom Benefits BriefJanuary 10, 2020
Publications IRS Finalizes Changes in Hardship Distribution Rules Groom Benefits BriefSeptember 30, 2019
Publications MEPmentum Continues: DOL Issues Guidance on Association Retirement Plans, PEOs, and Turns to ‘Open’ MEPs Bloomberg TaxSeptember 4, 2019
Publications IRS Proposed Rule Offers Relief to The Multiple Employer Plan One Bad Apple Rule Bloomberg TaxAugust 2, 2019
Publications IRS Expands Determination Letter Program for Two Groups of Plans – Considerations for Plan Recordkeepers Groom Benefits BriefMay 17, 2019