STEPHEN J. MIGAUSKY
The Wagner Law Group, a Professional Corporation, Boston, Massachusetts 2005 -
- Responsible for consulting with firm clients on a wide variety of issues with respect to qualified retirement plans, tax-sheltered annuities, nonqualified deferred compensation, VEBAs, welfare plans, split-dollar life insurance arrangements, and executive compensation.
- Specific expertise include:
- Defined benefit and defined contribution plan reviews for operational compliance with ERISA and the Internal Revenue Code;
- Representing clients during IRS, DOL, and PBGC audits of employee benefit plans;
- Consulting regarding redesign of combined 401(k)/ESOP plans and defined benefit cash balance conversions;
- Implementing 404(k) dividend deduction strategy for ESOPs;
- Consulting on pre-funded retiree medical plans using grantor trusts and VEBAs; drafting all types of qualified and nonqualified retirement plans; and
- Negotiating with IRS to obtain favorable IRS determination letters for all types of qualified retirement plans; and
- Benefits consulting regarding mergers and acquisitions.
OneBeacon Insurance Companies, Boston, Massachusetts 1979 - 2003
- Provided legal services to internal clients and external associates of foreign-owned multi-line property and casualty insurance group with $4 billion in assets operating in 50 states. Practice concentrated in the area of taxation and included analysis of complex business transactions, legal advice and counsel to senior management on tax matters, and document preparation with particular emphasis in the area of employee benefits and executive compensation. Duties also included monitoring state and federal legislation and regulatory developments relating to tax and benefits issues.
- Participated in design of OneBeacon ESOP and drafted plan document, SPD, and other related documents.
- Drafted plan amendments incorporating design changes and legally required modifications for CGU/OneBeacon qualified pension and 401(k) plans, including QSERP, COLAs, spin-offs, plan mergers, frozen plans, and enhanced window benefits.
- Filed for or oversaw filing of applications for determination letters for qualified plans.
- Provided advice with respect to life insurance sub's prototype retirement plans and IRAs.
- Drafted OneBeacon nonqualified deferred compensation plans and rabbi trusts and provided advice as to extraordinary distribution and/or deferral opportunities, and investment elections.
- Reviewed proposed domestic relations orders to determine qualification.
- Facilitated tax efficient compliance with minimum required distribution (MRD) rules involving mandatory distributions from tax sheltered vehicles.
- Drafted OneBeacon health plan documents and SPD.
- Evaluated split dollar life insurance proposals and monitored ongoing legal developments.
- Managed and prepared documentation in $4 billion “D” reorganization resulting in tax free distribution of $1 billion interest bearing note to foreign parent.
The Research Group, Inc., Cambridge, Massachusetts 1975 - 1978
- Prepared more than 300 legal memoranda and appellate briefs in a variety of areas.
- The Advisor’s Guide to the DOL Fiduciary Rule - The National Underwriter Company, a division of ALM Media, LLC, 2016
- The ERISA Fiduciary Compliance Guide, The National Underwriter Company, 2012
- "Investment Advice Regulations Update," (PDF) 401(k) Advisor, June 2010
- "Tactical Asset Allocation Under ERISA," (PDF) 401(k) Advisor, June 2010
Bentley College Center for Continuing Education, Waltham, Massachusetts 1983 - 1993
Instructor, Pension Law
Developed curriculum and taught 13-week seminars twice yearly. Also lectured to business and accounting groups at bi-annual tax conferences.
LL.M. (Taxation), NEW YORK UNIVERSITY SCHOOL OF LAW 1979
J.D., BOSTON COLLEGE LAW SCHOOL 1975
B.A., BOSTON COLLEGE, magna cum laude 1972
Admission to Practice
Massachusetts, United States District Court (Massachusetts)
Boston College Legal Assistance Bureau. Defense of indigent clients in criminal cases.
Authored sections of 1976 Report of U.S. Commerce Department Interagency Task Force on Products Liability
American Bar Association
Boston Bar Association