Dan O’Neil

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Dan O’Neil advises clients on a wide range of benefits and compensation matters. He focuses his practice on employee benefits and executive compensation issues arising in corporate transactions. Dan has experience with employee benefit and executive compensation due diligence, negotiation of the related provisions in transaction agreements and assists clients with issues relating to Sections 280G and 409A of the Code. Dan is also experienced in a wide range of tax and benefits issues, including day-to-day retirement plan compliance, ERISA fiduciary matters, prohibited transactions and employee stock ownership plans (ESOPs). Read Dan O’Neil's full bio.

Forfeitures: Changing the Rules of the Game for Retirement Plans


By , and on Aug 22, 2023
Posted In Employee Benefits, Retirement Plans

The US Department of the Treasury and the Internal Revenue Service recently issued proposed regulations on the use of forfeitures by tax-qualified retirement plans. The proposed changes provide welcome clarity for plan sponsors but may require revisions to plan administration and legal plan documents. Read more here.

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Better Than a Snow Day: The PBGC Provides One-Time Section 4010 Reporting Waiver


By , and on Aug 15, 2023
Posted In Employee Benefits, Retirement Plans

In an acknowledgment of uncommon market conditions and their corresponding effect on defined benefit pension plan funding, the Pension Benefit Guaranty Corporation (the PBGC) provided a welcome one-time waiver for some underfunded pension plans under Section 4010 of the Employee Retirement Income Security Act (ERISA). However, to qualify for the waiver, pension plan sponsors still...

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Deadlines for the Adoption of Clawback Policies Extended


By , , , , , and on Jun 15, 2023
Posted In Executive Compensation, Fiduciary and Investment Issues

The US Securities and Exchange Commission (SEC) recently approved amendments to clawback policy listing standards proposed by the New York Stock Exchange (NYSE) and the Nasdaq Stock Market LLC (Nasdaq) that extend the effective date of the exchanges’ respective listing standards to October 2, 2023. Issuers listed on the NYSE and Nasdaq now have until...

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Proposed Legislation Would Allow 403(b) Plans to Invest in Lower-Cost Collective Investment Trusts


By , and on Jun 14, 2023
Posted In Employee Benefits, Retirement Plans, SECURE 2.0 Act

A new bill introduced in Congress would allow 403(b) plans maintained by tax-exempt organizations to make use of collective investment trust (CIT) investments. CITs are an alternative to mutual funds that may provide significant cost savings for 403(b) plans and their participants. The SECURE 2.0 Act took the first steps along this path by making...

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