About Barry Salkin
Barry Salkin concentrates his practice in ERISA and employee benefits law. He has significant expertise drafting, amending and negotiating various ERISA and employee benefit plans, including defined benefit pension plans, profit sharing plans, 401(k) plans, as well as qualified and non-qualified deferred compensation programs. He also has wide-ranging experience crafting group medical and health plans involving Health Care Reform, HIPAA, and COBRA. In addition, he has represented clients in ERISA litigation and audits. He is co-author of the IRA Answer Book and an editor of the Journal of Pension Planning and Compliance, and the Benefits Law Journal. He is also a member of the American College of Employee Benefits Counsel. His clients include multi-national corporations, closely-held companies, high-net-worth individuals, financial institutions, governmental agencies, investment groups, and tax-exempt organizations such as hospitals and physicians' organizations. Barry also advises clients on all aspects of retirement plan tax-qualification requirements and the application of labor and securities laws and regulations to sponsors of employee benefit plans and executive compensation programs. Moreover, he has extensive experience in establishing, merging and terminating benefit plans and compensation agreements, and counsels clients on fiduciary responsibilities and prohibited transactions. Prior to joining The Wagner Law Group, Barry served as counsel and senior attorney at leading law firms in Manhattan. Awards and Honors Honors Who's Who in America - Marquis Who's Who - As of 2020 Honored as a Founding Volunteer Attorney by Pro Bono Partnership at the 2017 Volunteer Recognition Event Fellow of the American College of Employee Benefits Counsel, 2006 - Present Member of the Legal Advisory Counsel for the National Association of Professional Employer Organizations, 2000 - Present New York Super Lawyers List, 2011 - Present Pro Bono Partnership Volunteer of the Year, 2010
Education
Legal Education
- Harvard Law School, Cambridge, Massachusetts, 1977
- J.D., MA
- Honors: cum laude
Non Legal Education
- Harvard University, Cambridge, MA, 1969
- M.A.
- Major: American History
- Harvard University, Cambridge, MA, 1974
- Ph.D.
- Rutgers University, New Brunswick, NJ, 1968
- B.A.
- Honors: summa cum laude
- Honors: Valedictorian
- Major: History
Current Employment Position(s)
- Of Counsel
Pro Bono Activities
- Member of the Journal of Pension Planning & Compliance Editorial Board
- Member of the Legal Advisory Counsel for the National Association of Professional Employer Organizations, 2000 - Present
- Member of the Editorial Advisory Board of Benefits Law Journal, June 2015 - Present
Published Works
Articles
- Crimes and Illegal Acts - Benefits Law Journal, Summer 2021
- Arbitration of ERISA Retirement Plan Disputes - Co-author, Lexis Nexis Practical Guidance Practice Notes, June 2021
- Primer on the Code's Required Minimum Distribution Rules: Post-SECURE Act - Barry Salkin and REgina Mandl thanked by author Kathryn Kennedy, Bloomberg Tax Management Compensation Planning Journal TM, June 4, 2021
- 4 Takeaways From DOL's New Cybersecurity Guidance - Law360, April 16, 2021 (PDF)
- Mandated Benefits 2021 Compliance Guide - Co-author, Wolters Kluwer, April 2021
- Important Details About SECURE Act Birth and Adoption Distributions - PLANADVISER, September 9, 2020 (PDF)
- Stakeholders Want More Substantive PEP Guidance from DOL - PLANADVISER, August 25, 2020 (PDF)
- Principal Purpose Organizations; An Exersize in Statutory Interpretation and First Amendment Analysis -Co-author with Susan Rees, Journal of Pension Planning& & Compliance, Spring 2020
- Return of the DOL’s ‘Five-Part Fiduciary Test’- Co-author with Livia Aber and Stephen Wilkes, 401(k) Specialist, July 2, 2020
- Church Plans Under ERISA and the Internal Revenue Code - Lexis Nexis Practice Advisor Practice Note, May 2020
- Employee Retention Tax Credit Under the CARES Act - Co-author with Roberta Watson and Livia Aber, The Wagner Law Group Law Alert, May 21, 2020
- New Legislation Affecting Workplace Health & Welfare Benefits- Co-panelist with Roberta Watson and Dannae Delano, The Wagner Law Group free webinar, May 15, 2020, 1:00 PM (ET)
- Silver Lining: Advisors Can Urge Clients to Give More to Charity - Financial Advisor IQ, May 7, 2020 (PDF)
- Planning in the Age of a Pandemic: Estate Planning and CARES Act Considerations - Co-panelist with Regina Snow Mandl, The Wagner Law Group Free Webinar, May 6, 2020, 2:00 PM (ET) - Recording available here - PowerPoint presentation available here
- The Families First Coronavirus Response Act Updated to Include Coronavirus Aid, Relief, and Economic Security Act Provisions - Co-author with Roberta Watson and Virginia Peabody, The Wagner Law Group Law Alert, April 1, 2020
- The Families First Coronavirus Response Act - Co-author with Roberta Watson and Virginia Peabody, The Wagner Law Group Law Alert, March 26, 2020
- Agencies Issue Proposed Rules Regarding Health Care Transparency - Co-author with Roberta Watson, The Wagner Law Group Law Alert, March 19, 2020
- Statute of Limitation for ERISA Claims - Co-author with Jordan Mamorsky, Lexis Nexis Practice Advisor Practice Note, January 2020
- Mandated Benefits 2020 Compliance Guide - Co-authors Katherine Brustowicz, Dannae Delano, David Gabor, Marcia Wagner and Roberta Casper Watson, Wolters Kluwer, December 2019
- Posthumous Nunc Pro Runc QDROs - Barry Salkin, Wolters Kluwer Benefits Law Journal, Volume 23, No. 3, Autumn 2019
- Respondeat Supperior in the ERISA Context - Wolters Kluwer Benefits Law Journal, Vol. 32, No. 1, Spring 2019
- Multiple Employer Plans and PEOs - The Wagner Law Group Law Alert, February 19. 2019
- ERISA and DOL Prospectus Disclosures for Company Stock Funds - LexisNexis Lexis Advisor Practice Notes, November 2018
- Best Practices Arising from the DOL Fiduciary Rule – Investment & Wealth Monitor, September/October 2017
- Tax Credits for Professional Employer Organizations – Speaker at the National Association of Professional Employer Organization’s 2017 PEO Capitol Summit in Arlington VA, May 8 – 11, 2017
- The New Section 409A and 457(f) Deferred Compensation Rules Demystified – Webinar for The Knowledge Group, May 3, 2017, 12:00 PM – 1:30 PM (ET)
- Some Standing Issues Under ERISA – Benefits Law Journal, Vol. 30, No. 1, Spring 2017
- Pro Bono Partnership Volunteer Recognition Event – Honored as a Founding Volunteer Attorney, April 19, 2017, Arts Westchester, White Plains, NY
- Expect More Varied ERISA Litigation in 2017 - Plan Adviser, December 22, 2016
- Experimental and Investigational Treatments and Procedures Under ERISA Group Health Plans – Benefits Law Journal, Vol. 29. No. 3, Autumn 2016
- Mastering New Section 409A and 457(f) Deferred Compensation Rules: Calculating and Reporting Includible Amounts - CPE/EA webinar for Strafford, August 23, 2016
- ERISA expert: Venue selection provisions in retirement plans a best practice - Benefits Pro, August 10, 2016
- Forum Selection Provisions in ERISA Plans - Benefits Law Journal, Volume 29 Number 2, Summer 2016
- Mental Illness Claims Under LTD Plans - Benefits Law Journal, Volume 27 Number 4, Winter 2014
- Challenges to Beneficiary Designations Under ERISA - Benefits Law Journal, Volume 27 Number 2, Summer 2014
- Application of the Laches Defense in Employee Benefit Context - Benefits Law Journal, Volume 26 Number 4, Winter 2013
- Substantial Compliance Under ERISA - Benefits Law Journal, Volume 25 Number 4, Winter 2012,
- Declaratory Judgment Act Under ERISA - Benefits Law Journal, Volume 24 Number 4, Winter 2011
- Slayer Statutes in the ERISA Context - Benefits Law Journal, Volume 23 Number 2, Summer 2010
- Equitable Tolling in the ERISA Context - Benefits Law Journal, Volume 22 Number 2, Summer 2009
- Author - Lexis Nexis Practice Advisor Practice Notes
Bar Admissions
- New York
- U.S. Tax Court
- U.S. District Court Southern District of New York
- U.S. Court of Appeals 2nd Circuit
Attorney Details
| Full Name | Barry Salkin |
| Firm | The Wagner Law Group |
| Address | 747 Third Avenue, 16th Floor, New York, NY 10017 |
| Phone | 212-338-5159 |
| Phone | 646-981-9365 |
| Website | www.wagnerlawgroup.com |
| Website | www.wagnerlawgroup.com |
| New Clients | ✓ Currently accepting |