Mary Cassidy | People | Arnold & Porter

Mary Cassidy practices in the employee benefits area. Her practice focuses on the tax aspects of employee benefit plans, including tax-qualified retirement plans (e.g., 401(k), cash balance and pension plans), 403(b) plans, church plans, voluntary employees' beneficiary associations (VEBAs), welfare plans, severance plans, and nonqualified deferred compensation arrangements for tax-exempt organizations (457(b) and (f) plans). She regularly advises clients on a broad range of employee benefits matters, including design and implementation of tax-qualified retirement plans and 403(b) plans; plan compliance with federal tax and ERISA requirements; fiduciary and plan investment matters; negotiation of plan service contracts; and self-correction of plan errors through IRS and Department of Labor (DOL) correction programs. She represents clients with respect to obtaining rulings and determination letters from the IRS, obtaining compliance statements from the IRS and DOL under their voluntary compliance programs, and IRS and DOL audits of employee plans.

Focus Areas

Experience

Several large nonprofit organizations and foundations in connection with 401(a), 403(b) and 457(b) plan design and compliance; fiduciary issues relating to plan investments and administration; nondiscrimination testing issues; and negotiation of service provider agreements.
Several major for-profit corporations and financial institutions in connection with pension and 401(k) plan, ESOP, VEBA and employer securities issues.
Several church and church-affiliated organizations in connection with 401(a), and 403(b) plan, church plan and nondiscrimination issues.
A large nonprofit hospital system in connection with 401(k) and 457(b) plan design and compliance.
A large tax-exempt venture fund in connection with the establishment of a 457(b) plan and negotiation of rabbi trust and service agreements for the plan.

A large nonprofit organization in connection with the negotiation of an employment contract with its president.
A VEBA sponsored by several state-wide labor unions on the tax consequences of termination of the VEBA.