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John Walch focuses on all aspects of qualified and non-qualified benefit plans, including equity-based incentive and compensation plans, nonqualified deferred compensation plans, qualified profit sharing plans, 401(k) plans, ESOPs, pension and welfare benefit plans.
For more than 15 years, John has designed, drafted and obtained IRS approval of hundreds of qualified retirement plans. For plans facing disqualification, he has obtained compliance statements from the IRS's Voluntary Compliance Program or negotiated positive resolutions to audit or determination letter issues. He also advises plan fiduciaries on operational issues involving QDROs, plan investment policies and fiduciary liability issues.
John also works with employers to design deferred compensation, stock option, stock appreciation right, phantom stock and other incentive plans. He advises businesses on issues related to parachute payments, COBRA, and other benefit plan issues.
John also has extensive experience obtaining individual prohibited transaction exemptions from the U.S. Department of Labor, defending IRS audits of qualified plans and litigating ERISA cases.
Professional Experience
Ater Wynne LLP, Portland, Oregon, Of Counsel, 2004 to present
Benner & Associates, P.C., Associate, 2002 to 2004
Standard Insurance Co. Retirement Plans Division, Senior Pension Attorney, 1998 to 2002
Samuels, Yoelin, Kantor, Seymour and Spinrad, LLP, Associate, 1995 to 1998
Stream & Stream, P.C., Riverside, California, 1989 to 1995
Education
J. Reuben Clark School of Law, Brigham Young University, J.D., 1987
Brigham Young University, B.S., 1984
Admitted to Practice
Oregon, 1996
Washington, 1996
California, 1989
United States District Court for the District of Oregon, 1996
United States District Court for the District of California, 1990
United States Tax Court, 1996
United States Court of Appeals for the Ninth Circuit, 1990
United States District Court for the District of California, 1990
Professional Activities
Western Pension and Benefits Conference, Member
Oregon State Bar Taxation and Labor Sections
Portland Community College, Adjunct Faculty, Qualified Plans Seminar
Community Activities
Templeton Elementary School Site Council, 2002 to 2004
Boy Scouts of America, Troop 842; Troop Committee, Cub Master, Merit Badge Counselor
Youth Indoor Soccer Coach
Representative Matters
Design equity incentive plans for public and private clients, including LLCs
Prepare public company’s qualified plan’s investment policy statement, Administrative Committee Charter and consult on ERISA fiduciary issues
Conduct plan fiduciary audit and recommend best practices for large, multi-location assisted living company
Represent plan before IRS in Employee Plans Compliance Resolution System proceeding to obtain compliance letter absolving several severe operational failures
Advise plan administrator regarding domestic relations orders
Advise deferred compensation plans regarding impact of new deferred compensation statute on stock appreciation rights or stock option plans and recommend corrective actions
Advise on merger of defined benefit plans following acquisition
Represent ESOP and plan fiduciaries in alleged breach of fiduciary duty claim
Assist investment funds with ERISA prohibited transaction issues arising with pension plan investors |
