Mr. O'Hare's experience includes the representation of large pension funds in complex matters. For example:
Regular representation of several multi-billion dollar pension funds, including establishment of flexible benefit options for participating employers; review futures trading and commodities futures trading rules; negotiating investment management agreements, GIC contracts, venture capital/plan asset investments and overseas investments; drafting employment contracts and severance agreements. Helped design and implement complex early retirement programs.
Advise multi-billion pension issues regarding “open” and “closed” multiple employer plans under ERISA and the Internal Revenue Code.
Church Pension Funds
Monitoring and revision to legislation on the national level impacting the operations of large multi-state denominational pension funds; similar projects undertaken at the state level; coordination of interests and participation in a national umbrella group of similar funds.
Pension and Benefits Funds
Extensive project whereby a large non-collectively bargained multiple-employer welfare plan was restructured with particular attention to state insurance law and pending federal changes to health plans including attention to managed care issues; review plan design options to make a multi-billion dollar plus multiple-employer retirement program more flexible for individual employers, attention to HIPAA privacy, health non-discrimination issues and retiree medical issues. Worked extensively on issues presented by withdrawing employers from a multiple employer welfare fund.
Provide detailed Guidance on what constitutes Investment Education as opposed to Investment Advice under Department of Labor regulations.
Obtained a precedent setting IRS private letter ruling allowing a multi-billion dollar multiple employer pension fund to expand its basis of activities with no negative tax consequences. Also obtained several prohibited transaction exemptions for multi-billion dollar funds from the U.S. Department of Labor.
Advise a multi-billion dollar pension fund with respect to new benefit structures to be offered including attention to ERISA, Insurance Law and corporate organization concerns.
Advise several pension funds with respect to investment-related litigation; advise other funds with respect to interpleader and related actions.