Shulman Bio

Charles C. Shulman has many years of experience in ERISA, employee benefits and executive compensation at some of the most prestigious New York law firms.  He has handled significant employee benefits compliance and M&A work, negotiating and advising various issues relating to qualified and non-qualified plans, ERISA liability, fiduciary issues, executive compensation, welfare plans and employment issues.  Charles advises regarding all aspects of employee benefits and executive compensation.

 
Charles advises regarding all aspects of employee benefits and executive compensation, including the following:
 
  • implementation and compliance with requirements of pension plans, ESOPs, 401(k) plans and other retirement programs or arrangements, and drafting plan documents and summary plan descriptions for such plans;
  • submitting such qualified plans for IRS approval and issues relating to nondiscrimination testing and reporting and disclosure obligations for such plans;
  • correction of documentary or operational failures of qualified plans through self-correction or through the government’s voluntary compliance programs;
  • disputes with the Pension Benefit Guaranty Corporation regarding underfunded pension plans, and transactions purported to evade liability;
  • qualified plan mergers, spinoffs, freezes, terminations and partial terminations, ERISA controlled group liability and ERISA multiemployer withdrawal liability;
  • compliance with reporting and disclosure obligations and other requirements under ERISA and the Internal Revenue Code relating to severance plans, insured or self-insured health plans, retiree health, COBRA continuation coverage, multiple employer welfare arrangements (MEWAs), cafeteria plans, etc.
  • reductions in force and compliance with the Worker Adjustment and Retraining Notification Act;
  • issues and negotiations relating to employment, severance and change of control agreements for executives or other employees, and IRC § 280G golden parachute and § 409A deferred compensation requirements;
  • wrongful terminations and employment discrimination, as well as ERISA litigation;
  • supplemental retirement plans, deferred compensation plans, 457 plans and other nonqualified arrangements, and compliance with IRC § 409A requirements for nonqualified deferred compensation;
  • incentive bonus plans and public company performance-based compensation requirements of IRC § 162(m);
  • ERISA, executive compensation and employment due diligence for transactions, and drafting and negotiating of purchase and sale agreements and loan agreements;
  • equity-based compensation, including nonqualified stock options, incentive stock options, stock appreciation rights, restricted stock, restricted stock units, employee stock purchase plan options, etc.;
  • public companies executive compensation proxy disclosure and § 16 short-swing profit rules, etc.; and
  • presentations and memos regarding the latest legal developments.

 
Charles authors a chapter on employee benefits and executive compensation in mergers and acquisitions that has become the primary reference and training source for employee benefit lawyers with M&A practices. He has also authored a number of other employee benefit and executive compensation-related articles and chapters, including:

  • Code § 409A Nonqualified Deferred Compensation Rules – A Timely Review, Tax Management Compensation Planning Journal (Sept. 5, 2008), and earlier version in Journal of Deferred Compensation (Aspen, Summer 2006).
  • Employment and Change of Control Agreements in Mergers and Acquisitions, Tax Management Compensation Planning Journal (Sept. 1, 2006), reprinted in BNA Mergers & Acquisitions Law Report (Sept. 4, 2006).
  • Employee Benefits in Mergers & Acquisitions, chapter in “Qualified Retirement Plans,” by Canan (Thomson West 1996-Current editions).      
  • Compensatory Transfers of Restricted Stock and Other Property Under IRC Section 83, chapter in “Employee Fringe and Welfare Benefit Plans,” by Canan & Mitchell (Thomson West 1993-Current editions).
  • Employee Stock Ownership Plans, section in “Qualified Retirement Plans” (Thomson West 1994-Current editions).
  • The Worker Adjustment and Retraining Notification Act, Journal of Pension Planning & Compliance (Panel, Summer 2002).
  • Participant Loans: A Road Map For Practitioners, Tax Management Compensation Planning Journal (April 6, 2001).
  • Qualified Plans in Mergers and Acquisitions, ERISA and Benefits Law Journal (1999).


Legal Education:        

NYU School of Law, J.D., 1989        

NYU School of Law, LL.M. in Taxation, 1992              

               

Bar Admissions:

12/21/1989 New Jersey         

01/17/1990 New York

               

Affiliations:     

American Bar Association

Editorial Advisory Board - Journal of Deferred Compensation, 2003 – Current

Founder – ERISA Peer Lunch Group