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 Making Sure Your Plan Language Matches What You Are Doing – New Class Action Lawsuit Examines How a Common Definition of “Compensation” Was Applied Groom Benefits Brief January 3, 2019
Publications Relief for 403(b) Plans Regarding the Exclusion of Part-Time Employees Groom Benefits Brief December 19, 2018
Publications With Year-End Deadline Looming IRS Issues Much Anticipated Hardship Guidance Groom Benefits Brief November 16, 2018
Publications PBGC Potpourri: New Rules, Guidance, and Leadership Groom Benefits Brief October 24, 2018
Publications DOL Fiduciary Advice Proposal – Major Changes to Fiduciary Advice Definition, Revises Existing Exemptions and Introduces New Exemptions April 16, 2015