BARRY M. NEWMAN
Attorney specializing in employee benefit plans and personnel practices with particular emphasis on health and welfare plans. Skilled in interpretation and analysis of ERISA, Internal Revenue Code and other applicable provisions of federal law. Published author and editor of texts and articles on various aspects of employee benefit, personnel and tax law.
The Wagner Law Group, A Professional Corporation, Boston, MA (2006- )
Employee benefits law practice concentrated on employer-sponsored health and welfare plans and all aspects of plan administration, including: benefit plan configuration and documentation, ERISA reporting and disclosure, COBRA, HIPAA, Code Section 125 cafeteria and related plans, SPD compliance, fringe benefit plans, retiree health benefit issues, VEBAs, benefit issues in the merger and acquisition context, and general benefit plan taxation and nondiscrimination requirements.
Negotiate and review third-party vendor agreements. Draft ERISA and cafeteria plan documentation and SPDs.
Monitor and advise clients regarding benefits-related legislative and regulatory developments.
Aon Consulting, Newburyport, MA (1983-2006)
Manage information request service which provides legal interpretations and guidance to company's attorneys, actuaries, brokers and consultants on client matters involving employee benefit plans, compensation, corporate communications and personnel practices. Consult with clients on regular and plan design issues.
Supervise, coordinate and edit the work of attorneys, paralegals and other staff members to produce Aon Commentary, the company's internal technical/legal journal. Commentary is designed to keep the company's professionals abreast of current legal developments in their fields and provide in-depth analysis of significant aspects of the law.
Write, edit and review client publications that explain, in layman's terms, current issues and developments in the law relating to employee benefits and other aspects of human resource management.
Develop and present training programs and informational seminars on a wide range of human resource management issues for ACG staff and clients.
Winner of the Aon Consulting's Technical Excellence Award.
U.S. Department of Labor, Employee Benefits Security Administration, Washington, D.C. (1978-1983)
Employee Benefit Plan Analyst
Wrote advisory opinions and information letters is response to requests for interpretations of Titles I and II of ERISA. Provided recommendations for DOL policy and positions. Processed requests for exemptions from the prohibited transaction provisions of ERISA. Drafted exemptions for publication in the Federal Register. Provided technical assistance to the Office of Enforcement on matters relating to Title II of ERISA.
Pension Benefit Guaranty Corporation, Division of Coverage and Classification, Washington, D.C., (1975 – 1978)
Pension Plan Analyst
Reviewed Government forms and drafts of proposed and final regulations to ensure clarity and accuracy of materials and to comment on their potential effect on PBGC and the pension community.
Determined coverage status of pension plans under Title IV of ERISA and qualification status under the Internal Revenue Code. Participated in the development of procedures for the effective implementation of these determinations.
U.S. General Accounting Office, Claims Adjudication Division, Washington, D.C. (1974-1975)
Determined the legal validity and mathematical correctness of claims against government agencies. Established parties entitled to payment through use of controlling statutes, regulations and decisions of the Comptroller General and applicable judicial precedents.
- "Constitutional Challenges to the Patient Protection and Affordable Care Act," (PDF), New York University Review of Employee Benefits and Executive Compensation, 2010
- Co-author, subject matter expert, and editor of several texts, including Quick Reference to ERISA Compliance, Aspen Publishers and The FMLA Guide and The COBRA Compliance Guide, originally published by Irwin Professional Publishing.
- Articles published in various trade publications including the International Foundation Employee Benefits Annual, Journal of Compensation and Benefits, Benefits Law Journal, Contingencies, Benefits magazine.
- "Issues in Same Sex Marriage and Domestic Partners' Health Care Coverage," Barry
Newman, Society for Human Resources Managements, 2012 Tri-State Conference,
April 25, 2012 (Springfield, Massachusetts)
-View Barry Newman's PowerPoint Presentation here
- "Benefit Traps for the Unwary: Common Mistakes Made by Employers," Barry
Newman, Hirsch Roberts Weinstein LLP Roundtable, March 20, 2012 (Boston,
-View Barry Newman's PowerPoint Presentation here
WEBINARS AND PODCASTS:
- "What You Need To Know About Health Care Compliance," HighRoads, Inc., November 17, 2010
-View Barry Newman's webinar here
- J.D., Boston University School of Law, Boston, MA, 1973
- B.A., Clark University, Worcester, MA 1970
- Massachusetts Bar