Jonathan M. Cerrito counsels sponsors of multiemployer and single-employer plans, companies, tax-exempt entities and executives on all matters of tax, ERISA, employee benefits, nonqualified deferred compensation arrangements and the employee benefit aspects of mergers. Jonathan was named by the Whitman School of Management of Syracuse University as one of the 2009
- based on extraordinary achievement in his career and contributions to the community.
Jonathan regularly advises on the design, operation, merger and termination of tax-qualified pension plans and welfare benefit plans. His practice includes advising ERISA fiduciaries on the investment of plan assets, reporting and disclosure, prohibited transaction rules and tax matters. He also advises tax-exempt organizations on employee benefit issues and unrelated business income tax (UBIT).
In addition, Jonathan has significant experience handling ERISA controversies with a focus on investigations by the U.S. Department of Labor concerning fiduciary matters and alleged statutory violations. He has handled over one dozen such investigations and has also been involved in audits conducted by the Internal Revenue Service and the Pension Benefit Guaranty Corporation.
Significant representations include:
- Counsel to Boards of Trustees of multiemployer pension and welfare plans with individual assets of several billion dollars on day-to-day matters as well as special transactions.
- Draft and negotiate investment manager agreements, adoption agreements for group trusts and side letters with various private equity and hedge funds concerning the investment of plan assets.
- Counsel to several different fiduciaries in a series of U.S. Department of Labor investigations concerning fiduciary matters and plan investments.
- Successfully structure cutting-edge welfare benefit plan with multiple employer participation and secured IRS determination letter.
- Handled the employee benefit aspects of several merger transactions for federal credit unions involving employment, severance, change-in-control, pension and welfare plans and nonqualified deferred compensation plans.
- Represented trade association in IRS audit involving activities unrelated to the associationÃ¢s tax-exempt purpose, the creation of a for-profit subsidiary and implementation of employee benefit plans.
- Counsel to plan administrator in a U.S. Department of Labor audit involving an alleged statutory violation and demonstrated how the accountantÃ¢s methodology of testing employer payroll records satisfied ERISA and generally accepted auditing standards.
- Secured individual prohibited transaction exemptions from the U.S. Department of Labor involving the sale of real property between related parties.