Employee Benefits & Executive Compensation Blog

The View from Proskauer on Developments in the World of Employee Benefits, Executive Compensation & ERISA Litigation

Todd Castleton

Todd Castleton

Senior Counsel

Todd Castleton is a senior counsel with the Employee Benefits & Executive Compensation Group. His practice focuses on the compliance and administration of qualified defined contribution and defined benefit retirement plans, nonqualified deferred compensation arrangements, and health and welfare plans. Todd partners with clients to create solutions for effective and efficient employee benefit plan administration, maintain the plans’ tax-preferred status under the Internal Revenue Code (IRC), comply with Titles I, II, and IV of the Employee Retirement Income Security Act (ERISA), and implement the requirements of the Patient Protection and Affordable Care Act of 2010 (Health Care Reform).

Todd advises clients of all sizes, including Fortune 10 to 1000 companies, small and large closely held companies, not-for-profit organizations including trade associations, third-party administrators (TPAs) and other employee benefit plan service providers, trustees and custodians holding employee benefit plan assets, unions, and trustees of Taft-Hartley plans. He also represents employers in labor relations and employment discrimination matters.

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Electronic Self-Certification for Hardship Distributions May Be Insufficient, IRS Says

The IRS recently has reminded plan sponsors to verify and document that hardship distributions comply with their plan document and the law, according to a recent posting by IRS Director of Employee Plans Examinations Monika Templeman on the IRS website, “Examination Tips for Hardship Distributions.” In some cases, allowing participants to apply for loans or … Continue Reading

Court Says ERISA Plan Custodian Had to Comply with State Order Attaching Plan Assets

A recent decision by the 7th U.S. Circuit Court of Appeals serves as a reminder to plan custodians that they cannot assume that federal law will always trump state law when it comes to assignment of plan assets. In Johnson vs. Merrill Lynch, Pierce, Fenner & Smith, Inc., 719 F.3d 601 (7th Cir. 2013), the … Continue Reading
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