Nancy L. Wasch, Esq.
My specialty is finding creative solutions within the context of the Internal Revenue (Tax) Code and ERISA. I work with for-profit, not-for-profit, and governmental employers to design compensation and benefits programs that meet each organization’s objectives and comply with the myriad rules that govern these programs. These rules are voluminous, complex, and, in my opinion, fun to work with.
In 2014, after practicing law for 24 years in two regional law firms and a bank trust department, I established a “boutique” law firm practicing exclusively in benefits and compensation and shortly thereafter partnered with Dan Ritson to form Wasch & Ritson, adding full employment law and litigation capabilities. I practice exclusively in Employee Benefits and Executive Compensation, handling both the tax and ERISA aspects of these areas, and tax matters related to the employment relationship. My experience has helped a wide range of clients, including public and private organizations, governmental entities, hospitals, and non-profits, including 501(c)(6) associations, to provide suitable qualified and non-qualified retirement plans, multi-employer plans, equity-related arrangements, employee health plans, Affordable Care Act compliance, COBRA and HIPAA compliance, QDRO compliance, cafeteria plans, tuition reimbursement, and other welfare benefits, as well as executive compensation structure and deferred compensation. Many of these arrangements have specific tax advantages when properly implemented and maintained.
I have done extensive work in the employee benefits aspects of mergers and acquisitions, representing both buyers and sellers. I regularly assist employers with redesigning employee benefits structures, total rewards programs, fiduciary responsibilities, and executive oversight of benefits matters, including compliance reviews. I handle IRS and Department of Labor audits with respect to employee benefits and regularly deal with the Employee Plans/Tax Exempt Organizations branch of IRS on benefits programs and tax-exemption.
On an ongoing basis, I advise clients on the full spectrum of benefits issues, including pension, profit sharing, 401(k), cross-tested, new comparability, employer-based IRAs, and 403(b) retirement programs; executive deferred compensation planning under 409A; tax-advantage compensation, health, welfare, and fringe benefit plans, including cafeteria plans, FSAs, HSAs; Rabbi Trusts, Secular Trusts, Qualified and Non-Qualified Stock Option Plans, Qualified and Non-Qualified Annuity Plans, and 457 Plans; and Internal Revenue Service and Department of Labor Audits.
Co-Chair, Employee Benefits Committee of the Philadelphia Bar Association
Member of the American Bar Association Tax Section
Founding Board Member ASPPA Benefits Council of Greater Philadelphia
Member of NAPPA
Speaker on ERISA, 409A and the Affordable Care Act
Published Private Letter Rulings, including a first-impression ruling for non-profit benefits programs
Deep experience with IRS and DOL compliance programs and audits
Drafted over 1,300 qualified retirement plans
Admitted to practice in PA.