Roundtable: Issues Involving Overfunded Defined Benefit Plans

April 28, 2015
ASPPA Benefits Council of New York
Sound Wealth Financial250 Crossways Park Dr.
Woodbury, NY 11797

Noon to 2 p.m.

Please join us for an ASPPA Benefits Council of New York roundtable discussion on the issue of overfunded defined benefit plans.

Overfunding in a defined benefit plan is taxable income and is subject to a 50 percent excise tax when returned to the sponsoring employer upon termination of the plan. The number of overfunded plans is expected to increase dramatically when interest rates begin to rise. This session reviews the options available to plan sponsors of overfunded plans to eliminate the overfunding while avoiding payment of the 50 percent excise tax.

Harvey M. Katz is a partner in Fox Rothschild's Tax & Estates Department and co-chair of the Employee Benefits Practice Group, as well as a resident in the firm's New York City office. Harvey focuses his practice on all aspects of pension and employee benefits law, including executive compensation. His practice has an emphasis on resolution of Internal Revenue Service, Pension Benefit Guaranty Corporation and Department of Labor audits, and the benefit problems facing employers in financial distress and those with overfunded plans. In addition, Harvey has experience in post-retirement medical benefits for governmental and private employers, with knowledge in the use of employee stock ownership plans for business succession planning and corporate acquisitions. He also brings a wealth of experience regarding fiduciary responsibilities imposed upon employers, trustees and administrators under federal law. In addition, Harvey is knowledgeable about issues related to Taft Hartley and multi-employer plans, including withdrawal liability and funding issues. He has represented employers and trustees in connection with employee stock ownership plans on compliance, fiduciary and transactional matters and use of ESOPs in connection with business acquisitions. A frequent lecturer, Harvey has authored numerous articles on a variety of employee benefits topics. He is past president of ASPPA Benefits Counsel of New York, a professional association of actuaries and other pension professionals. He received his LL.M. from Temple University (1982), his J.D. from New York Law School (1977) and a B.A. from Temple University (1973). He is admitted to practice in New York and Pennsylvania.


Harvey Katz , Esq., of Fox Rothschild LLP

Click here to register for this event.

Meeting fees:
ASPPA Members: $25
Non- Members: $40

Continuing Education
(2) ASPPA, ERPA and JBEA core Continuing Education credits as well as (2) CLE Credits available for this meeting.
This continuing legal education course has been approved in accordance with the requirements of the Continuing Legal Education Board for a maximum of 2.0 practice credit hours.

Fox Rothschild will award a limited number of scholarships to attorneys experiencing financial hardship. To request a scholarship application, please contact Adrienne Hope at [email protected]. All those currently undertaking a federal or state judicial clerkship will receive a 50 percent discount on registration. Requests for scholarship will not be accepted at the door.