Employee Benefits & Executive Compensation Blog

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

Robert Projansky

Robert M. Projansky is a partner in the Employee Benefits & Executive Compensation Group and is currently a member of the Firm's Executive Committee.

Rob has a broad practice advising both multiemployer and single employer clients on all issues related to the legal compliance and tax-qualification of ERISA-covered pension and welfare plans. Rob’s clients include the largest and highest-profile U.S. media and entertainment industry clients, as well as a broad range of Fortune 500 companies.

In the multiemployer context, he serves as counsel to the boards of trustees of a number of large and small funds and frequently assists clients in addressing issues related to the funding of defined benefit pension plans, including zone status, benefit suspensions, special financial assistance and withdrawal liability. He also advises these clients on healthcare compliance, cybersecurity and government investigations. In addition, his practice includes advising corporate clients on their responsibilities related to multiemployer plans, with particular expertise on the impact of multiemployer and collectively bargained plans in corporate transactions.

Rob has extensive experience advising corporate clients regarding general compliance issues and fiduciary compliance matters, including plan asset and prohibited transaction issues. He also has addressed a myriad of issues related to complex plan investments, including negotiation of separately managed and collective investment vehicles for both traditional and alternative investments such as hedge funds, private equity funds and fund-of-funds vehicles.

Rob is described in Chambers USA as "incredibly smart and creative, and a really effective, zealous advocate” who “adroitly communicates complicated ERISA matters to clients in understandable language and well-timed levity." He is a widely sought after speaker on topics related to employee benefits, fiduciary, cybersecurity and government investigations and speaks each year at the annual conference and various other conferences sponsored by the International Foundation of Employee Benefit Plans, the largest educational organization in the employee benefits industry. Rob currently serves as one of the nine Advisory Directors on the Board of Directors of the International Foundation.

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It’s Over: DOL, Treasury, and HHS Confirm End of (Most) COVID-19 Rules for Health Plans

By Robert Projansky, Roberta Chevlowe, Jennifer Rigterink and Jesse T. Foley on March 31, 2023 Posted in Coronavirus

Earlier this week, the Departments of Labor, Treasury, and Health and Human Services (the “Departments”) jointly issued guidance confirming that most COVID-19-related benefit coverage mandates, as well as the special tolling of benefit plan deadlines, will terminate in connection with the expected end of the Public Health Emergency (PHE) and the COVID-19 National Emergency on … Continue Reading

IRS Proposed Regulations Would Permanently Allow Remote Witnessing of Spousal Consent

By Katrina McCann and Robert Projansky on December 29, 2022 Posted in Benefit Plan Compliance, Defined Benefit Pension Plans, IRS, Plan Qualification

The IRS issued new proposed regulations that would permanently change the rules that require spousal consent for plan distributions to be signed in the physical presence of a notary or plan representative. Specifically, the proposed regulations would allow plans to accept remote notarization or witnessing by a plan representative if the remote process meets certain … Continue Reading

42 Years in the Making: PBGC Proposes Regulation on Interest Rate for Withdrawal Liability Calculations

By Justin Alex, Robert Projansky and Jesse T. Foley on October 17, 2022 Posted in Defined Benefit Pension Plans, Multiemployer Funds, PBGC, Withdrawal Liability

A hotly debated (and litigated) issue for multiemployer pension plans in recent years has been the appropriate interest rate to determine a multiemployer pension plan’s liabilities when calculating the plan’s underfunding for withdrawal liability purposes. The Pension Benefit Guaranty Corporation (the “PBGC”) is now poised to end the debate. The PBGC proposes to allow multiemployer … Continue Reading

PBGC Issues Final Rule on Special Financial Assistance Program for Troubled Multiemployer Pension Plans

By Robert Projansky, Justin Alex and Mary Grace Richardson on July 11, 2022 Posted in Multiemployer Funds, PBGC

On July 8, 2022, the Pension Benefit Guaranty Corporation (“PBGC”) published its much anticipated final rule on the special financial assistance (“SFA”) available to certain troubled multiemployer plans under the American Rescue Plan Act of 2021 (“ARPA”). As we previously described in our client alert, ARPA provided for cash payments from the PBGC to eligible … Continue Reading

No Presence? No Problem: Temporary Relief for Witnessing Spousal Consent Further Extended Through Year-End

By Robert Projansky and Katrina McCann on June 14, 2022 Posted in IRS Guidance, Plan Qualification

Perhaps channeling the old adage of “if it ain’t broke, don’t fix it,” the IRS recently released Notice 2022-27 extending through December 31, 2022 its temporary relief from the requirement that spousal consent for plan distributions or loans be witnessed in person. As discussed in greater detail in our earlier posts (here and here), in … Continue Reading

IRS Unveils New Pre-Examination Compliance Pilot Program for Retirement Plans

By Robert Projansky and Jennifer Rigterink on June 6, 2022 Posted in Employee Plans Compliance Resolutions System

Ever wished you could predict the future? Or at the very least, predict the timing of a retirement plan audit? Well, you may be in luck on your second wish. Last Friday, the IRS Employee Plans division announced a new pilot program whereby it will notify retirement plan sponsors 90 days in advance that their … Continue Reading

IRS Proposal Extending Deadlines for ACA Reports to Individuals

By Robert Projansky, Katrina McCann and Mary Grace Richardson on January 6, 2022 Posted in Affordable Care Act, Health Plan Compliance, IRS

The Internal Revenue Service (“IRS”) recently issued proposed regulations affecting certain reporting deadlines under the Patient Protection and Affordable Care Act (“ACA”). Specifically, proposed regulations would make permanent an automatic 30-day extension for issuing Forms 1095-B and 1095-C to covered individuals and employees, which would otherwise be due by January 31. The proposed regulations also … Continue Reading

ARPA Final Rule Expected in January

By Robert Projansky on December 21, 2021 Posted in Multiemployer Funds, PBGC

I was a summer associate back in 1996 when, just steps from our old offices at 1585 Broadway, people lined up for blocks outside the Nederlander Theatre in the hopes of getting tickets to the hot, new-to-Broadway show that was captivating audiences nightly. Those lucky enough to score tickets to Rent would soon get to … Continue Reading

DOL’s Latest ESG Proposal: The More Things Change, the More They Stay the Same

By Ira G. Bogner, Robert Projansky, Kate Napalkova, Seth Safra, Adam Scoll and Nicholas LaSpina on November 22, 2021 Posted in Department of Labor, Fiduciary

On October 14, 2021, the U.S. Department of Labor’s Employee Benefits Security Administration (the “DOL”) published in the Federal Register a new proposed regulation (the “Proposed Rules”)[1] on fiduciary responsibility in selecting ERISA plan investments and exercising shareholder rights (proxy voting). The Proposed Rules reflect an effort to “warm” what the current DOL perceives as … Continue Reading

[Podcast]: Special Financial Assistance for Multiemployer Pension Plans (Part 3)

By Robert Projansky and Justin Alex on September 13, 2021 Posted in Benefits Brief Podcast, PBGC

This episode is the final installment of our three-part series on a new special financial assistance program created by the American Rescue Plan Act of 2021 for troubled multiemployer plans and the interim guidance issued by the Pension Benefit Guaranty Corporation regarding the program. Be sure to listen as Rob Projansky and Justin Alex cover the special rules … Continue Reading

[Podcast]: Special Financial Assistance for Multi-employer Pension Plans (Part 2)

By Robert Projansky and Justin Alex on August 20, 2021 Posted in Benefits Brief Podcast, PBGC

This episode of The Proskauer Benefits Brief is the second of our three-part series analyzing the Pension Benefit Guaranty Corporation (PBGC) guidance on the new special financial assistance program for troubled multiemployer pension plans that was created by the American Rescue Plan Act (ARPA). Tune in as Rob Projansky and Justin Alex dig into more details on the guidance … Continue Reading

[Podcast]: Special Financial Assistance for Multiemployer Pension Plans (Part 1)

By Robert Projansky and Justin Alex on August 3, 2021 Posted in Benefits Brief Podcast, PBGC

This episode of The Proskauer Benefits Brief is the first of our three-part series analyzing the Pension Benefit Guaranty Corporation (PBGC) guidance on the new special financial assistance program for troubled multiemployer pension plans that was created by the American Rescue Plan Act (ARPA). In this initial episode, partner Rob Projansky and senior counsel Justin Alex cover the … Continue Reading

PBGC Releases Guidance on New Special Financial Assistance Program for Troubled Multiemployer Plans

By Ira Golub, Robert Projansky, Justin Alex and Mary Grace Richardson on July 15, 2021 Posted in PBGC

As a follow up to our previous alert on the American Rescue Plan Act of 2021, we have summarized the key aspects of the recently released PBGC and IRS guidance on the new Special Financial Assistance Program for troubled multiemployer pension plans in our latest client alert, which can be found here.… Continue Reading

Temporary Relief for Witnessing Spousal Consent Extended for Another Year

By Katrina McCann and Robert Projansky on June 24, 2021 Posted in IRS Guidance, Plan Qualification

Just when we were about to draft our blog reminding plans of the expiration of the temporary relief. . . The IRS has now issued Notice 2021-40 extending for another year the temporary relief from the requirement that spousal consent for plan distributions or loans be witnessed in person. As discussed in greater detail in … Continue Reading

The Wait is Over: Treasury and IRS Release COBRA Premium Subsidy Guidance

By Robert Projansky and Jennifer Rigterink on May 18, 2021 Posted in COBRA

Today, the Treasury Department and the IRS released detailed questions and answers providing guidance on various implementation issues related to the COBRA premium subsidy under the American Rescue Plan Act of 2021 (ARP). By way of background, ARP includes a 100% COBRA premium subsidy for qualifying individuals during periods of coverage from April 1, 2021 … Continue Reading

U.S. Department of Labor Steps into the Cybersecurity Discussion

By Robert Projansky, Steven Weinstein and Randall Bunnell on April 15, 2021 Posted in Cybersecurity, Department of Labor

Formally wading into the cybersecurity discussion for the first time, on April 14, 2021, the U.S. Department of Labor (DOL) posted on its website a suite of new guidance, including Tips for Hiring a Service Provider with Strong Cybersecurity Practices, Cybersecurity Program Best Practices, and Online Security Tips for Participants and Beneficiaries. By way of … Continue Reading

What Happens Abroad, Apparently Does Not Stay Abroad – DOL Revokes Trump Administration Guidance That Provided Relief to QPAMs for Convictions Under Foreign Law

By Ira G. Bogner, Robert Projansky, Seth Safra, Steven Weinstein, Adam Scoll and Kaitlin Hulbert on March 30, 2021 Posted in Department of Labor

On November 3, 2020, the U.S. Department of Labor’s Office of the Solicitor of Labor (the “DOL”) issued an opinion letter (the “2020 Letter”) to the Securities Industry and Financial Markets Association (“SIFMA”) stating that it would not view a conviction under foreign law as a disqualifying event under Prohibited Transaction Class Exemption 84-14 (the … Continue Reading

COVID-19 Stimulus Bill to Include Significant Pension Reforms and Expand Scope of 162(m) Compensation Deduction Limit

By Ira Golub, Robert Projansky, Andrea Rattner, Justin Alex and Mary Grace Richardson on March 10, 2021 Posted in Client Alert, Coronavirus

Today, the House of Representatives passed the $1.9 trillion American Rescue Plan Act of 2021 (the “ARPA”). The ARPA has already been approved by the Senate and is expected to be quickly signed into law by President Biden. We recently published a client alert addressing Title IX, Subtitle H of the new legislation, which includes … Continue Reading

[Podcast]: Cyber-theft of 401(k) Accounts

By Robert Projansky on January 21, 2021 Posted in 401(k) Plans, Benefits Brief Podcast

In this episode of the Proskauer Benefits Brief, partner Robert Projansky and special guest Garrett Fenton, senior attorney at Microsoft Corporation, discuss cyber theft of 401(k) plan accounts. Tune in as we discuss why 401(k) plans are vulnerable to cyber security breaches, what kinds of cyber security frauds we are seeing in 401(k) plans, evolving litigation on … Continue Reading

One Problem Solved: Notice 2020-42 Provides Temporary Relief for Witnessing Spousal Consents

By Robert Projansky and Elizabeth Down on June 3, 2020 Posted in Coronavirus

This afternoon, the Treasury Department issued Notice 2020-42, ending the uncertainty surrounding spousal consents to retirement plan distributions and loans in the socially distanced COVID-19 world. As plan administrators know, when spousal consent is required for a plan distribution or loan, the law requires that the consent be witnessed by a notary public or plan … Continue Reading

Proskauer to Speak at the 65th Annual International Foundation’s Annual Employee Benefits Conference

By Robert Projansky, Neal Schelberg and Anthony Cacace on October 16, 2019 Posted in Multiemployer Funds

Proskauer’s Employee Benefits and Executive Compensation Group will be attending and speaking at the 65th Annual Employee Benefits Conference hosted by the International Foundation of Employee Benefit Plans. Robert Projansky, Neal Schelberg and Anthony Cacace will be leading conversations around hot topics in the industry. We welcome you to join any of our presentations, we … Continue Reading

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