Kevin Burch

As a partner in the Levenfeld Pearlstein’s Employment & Executive Compensation Group, I routinely advise employers on ERISA and employee benefits. I transform complex and archaic employee benefits rules into practical, useful advice that leads to best-in-class solutions for clients.I focus the majority of my practice on advising public and private employers (tax-exempt and for-profit) on executive compensation including nonqualified deferred compensation, excess plans, top hat plans, change in control arrangements, short and long-term and retention bonus plans/arrangements to comply with ERISA and Code Sections 83, 162(m), 280G, 409A, 457, 4960, and 4999. I have substantial experience with Code Section 409A, and its document and operational correction programs. I work with clients on matters that maintain retirement plan qualification, avoid maladministration, and correct document and operational failures. I prepare retirement plan correction submissions under the IRS’s EPCRS program and the DOL’s VFCP and DFVCP programs, and assist clients with IRS and DOL audits, advocating on their behalf when necessary. I have significant experience with employee benefits in corporation transactions, including performing pre-closing due diligence, drafting employee benefit portions of asset and stock purchase agreements, and addressing post-transaction integration issues, including retirement plan mergers, terminations, and spin-offs.