Terry M. ConnertonMember412.918.1160
Employment, Labor and Benefits
Personal Client Services
Corporate Transactions and Securities
Qualified Retirement Plans
Executive Compensation and 409A Compliance
Health and Welfare Plans
Health Care Reform for Businesses and Employers
HIPAA and Other Privacy Compliance
ERISA Fiduciary Compliance and Litigation
Mergers and Acquisitions
BiographyTerry counsels executives of businesses and tax-exempt entities on how to comply with tax and labor laws governing employee benefit plans and their fiduciaries. She also repres...
Terry counsels executives of businesses and tax-exempt entities
on how to comply with tax and labor laws governing employee benefit
plans and their fiduciaries. She also represents clients
faced with Internal Revenue Service or Department of Labor audits
and assists them in voluntarily correcting any tax deficiencies or
Terry drafts executive employment agreements, severance agreements and other nonqualified deferred compensation agreements, and advises clients on Code § 409A and other tax implications of compensatory arrangements.
Terry advises businesses on multiemployer plan issues, including withdrawal liability, delinquent contributions audits and lawsuits, and the Pension Protection Act of 2006 requirements for multiemployer plans with significant funding deficiencies.
In addition to employee benefits, Terry also advises non-profit entities on federal and state income tax matters relating to their establishment, operations, and corporate governance matters.
- Represented an executive of a company in a criminal investigation conducted by the Department of Labor relating to unpaid participant contributions to the company's 401(k) plan.
- Represented a company that had received a notice of assessment of withdrawal liability from a multiemployer plan and settled with the plan administrator for substantially less than the originally assessed amount.
- Represented an oil and natural gas company before the Internal Revenue Service and the Department of Labor in the voluntary correction of substantial operational and fiduciary failures involving its 401(k) plan.
- Represented a client before the Internal Revenue Service and Pension Benefits Guaranty Corporation in submitting an application for waiver of the minimum funding requirements for its defined benefit plan.
- Drafted nonqualified deferred compensation plans for employees of a community college.
- Drafted a 403(b) plan for a non-profit entity and advised the executives serving as fiduciaries on how to comply with the new Code and ERISA fiduciary rules.
- Advised a trade association that sponsored a trust providing insured health and welfare benefits to its members on how to distribute demutualization proceeds to the contributing members in compliance with ERISA.
- Drafted a form investment advisory agreement for an investment advisory firm providing investment and other services to 401(k) clients.
- Advised numerous employers of changes required by the new health care reform law and drafted amendments to plan documents and notices to participants to comply with the new requirements.
- Represented a company in liquidation that had been assessed substantial penalties under ERISA by the Department of Labor for failure to file Forms 5500 and settled with the Department of Labor for substantially less than the originally assessed amount.
- Drafted omnibus stock option plans for business executives and directors and advised the company on the federal and state laws governing the various types of awards (e.g., incentive stock options, nonstatutory stock options, restricted stock, stock appreciation rights, and other stock based awards).
- American Bar Association, Employee Benefits Committee of the Section of Labor and Employment Law and the Section of Taxation
- District of Columbia Bar, Employee Benefits Committee of the Section of Labor and Employment Law
- Society for Human Resource Management
- Pittsburgh Human Resources Association
- Employee Benefits Committee of the U.S. Chamber of Commerce
- WEB (Worldwide Employee Benefits Network)
- American Health Lawyers Association
- 2011 Metz Lews Brodman Must O'Keefe LLC
- 2008 Baker & Hostetler
- 2006 Ober Kaler
- 2000 Schmeltzer, Aptaker & Shepard
- 1986 Connerton & Ray
- 1982 U.S. Department of Labor, Special Litigation Division
- 1990 LLM Taxation, Georgetown University Law Center
- 1980 J.D., Capital University of Law
- 1974 B.A., Ohio State University
- Pennsylvania (pending)
- District of Columbia
- Ohio (inactive)
- U.S. Supreme Court
- U.S. Court of Appeals for the Seventh Circuit
- Federal Circuit
- U.S. District Court of the District of Maryland
- U.S. District Court for the District of Columbia