Jean Y. Yu

My focus

Employee Benefits and ERISA

I represent clients in negotiations with the Internal Revenue Service, Department of Labor, and Pension Benefit Guaranty Corporation. I assist them with audits, investigations, and other complex compliance issues, including correction of plan qualification errors through the Employee Plans Compliance Resolution System (EPCRS).

I also design and implement traditional retirement plans (e.g., 401(k), profit-sharing, and pension plans), health and welfare plans, and various deferred compensation plans and arrangements.

Multi-employer Funds and Collective Bargaining

Over the years, I have helped multiemployer pension funds with regulatory compliance, tax qualification, plan design, fiduciary duties, and plan administration.

I also counsel employers on union- and pension plan-related issues, such as benefits, partial termination, and withdrawal liability.

Executive Compensation

I regularly negotiate employment agreements and equity compensation arrangements on behalf of high-level executives at public and private companies across different industries, including entertainment and technology.

Employers call me to design and implement bonus plans, long-term incentive plans, severance agreements, equity-based plans, and other nonqualified deferred compensation plans.

Looking ahead

Increased governmental agency scrutiny and legislative reform require employers to be more vigilant than ever to make sure their employee benefit plans are operating in compliance. Private equity investors need to increase their attention to benefit plans at target companies and current portfolio companies.

409A issues continue to be a concern in equity compensation and other nonqualified deferred compensation arrangements. Employers and executives alike need to properly vet these issues before implementing, entering into, or changing these arrangements.

Insights

• “2022 Employee Benefits Briefing,” Nixon Peabody California MCLE Virtual Seminar, January 21, 2022