University of Pennsylvania, B.A., 1982
Temple University Beasley School of Law, J.D., 1985
Listed, Chambers USA: Labor & Employment: Employee Benefits & Compensation (2016)
In the United States, social policy is delivered at the worksite, typically as part of the employee benefits and other types of compensation and work conditions that employers make available for employees. Social policy and labor market conditions are constantly changing, as are the priorities of those who enforce the law (including the plaintiffs’ bar). For 30 years, beginning with the Tax Reform Act of 1986 through the current round of 401(k) plan excessive fee litigation, Barry Klein has advised employers on the potential opportunities and the limitations of their employee benefits and compensation arrangements. He has significant practical experience with every aspect of the design, maintenance and compliance of employee benefit plans and executive compensation arrangements.
Mr. Klein advises employers, including sole proprietors, partnerships, multinational companies, major hospital centers and universities with respect to the benefits and compensation they offer employees. He advises financial service firms, brokers, investment advisors and health care providers with respect to employee benefit related products.
Recent engagements include:
- IRS audits of a qualified defined benefit/cash balance and 401(k) plans.
- “Mass” withdrawal liability issues in connection with a multiemployer pension plan in critical and declining status.
- Employee benefits issues in connection with a $1 billion spinoff from a public company.
- Employee benefits and compensation issues in connection with multiple corporate transactions
- 162(m) deductibility analysis for multiple public companies
- Affordable Care Act strategy for small employers to avoid shared responsibility excise tax.
- Affordable Care Act strategy for applicable large employers to manage shared responsibility excise tax and reporting obligations.
- Working with investment committees in the management of 401(k) and 403(b) plans.
- Design of workplace wellness programs in compliance with Affordable Care Act and EEOC regulations
Mr. Klein has significant experience advising financial services clients with respect to their obligations under ERISA. He counsels these clients on the fiduciary responsibility that arises when they manage ERISA plan assets, as well as opportunities for avoiding ERISA coverage. He has helped clients set up funds that comply with ERISA’s venture capital operating company and real estate operating company exemptions, and has helped clients set up hedge funds that are subject to or exempt from ERISA.
Mr. Klein’s career has provided him with a unique perspective on employee benefits and the employee benefits industry. He began his career at the National Office of the Internal Revenue Service in Washington, D.C. and he was in-house employee benefits counsel at the Prudential Insurance Company of America and then at The Vanguard Group, Inc. Prudential and Vanguard are among the nation’s largest managers of retirement plan assets. Mr. Klein advised these companies with respect to the full range of services and products that they provide to employee benefit plans and was instrumental in the design and marketing of new products.
Mr. Klein is recognized by Chambers USA as a leader in employee benefits and compensation law, stating that he is noted for his "deep experience in ERISA law" and is praised for his "ability to grasp issues quickly and approach things from a very practical business perspective." Chambers has also noted that he is "esteemed for his 'strong business sense and level-headed approach" and calls him an "’extremely knowledgeable' employee benefits attorney, especially in the area of executive compensation."
COMMUNITY SERVICE & AFFILIATIONS
Mr. Klein is an adjunct professor of law in the Graduate Tax Program at Temple University James E. Beasley School of Law, where he designed and teaches courses on the taxation of executive compensation and the fiduciary responsibility and investment management aspects of employee benefit plans. He was an adjunct professor at the Philadelphia Institute for Paralegal Training. He serves on the Board of Directors and is Immediate Past President of Ohev Shalom of Bucks County in Richboro, Pennsylvania.
- American Bar Association
- Pennsylvania Bar Association
- Philadelphia Bar Association
- Firm adds leading Philadelphia-area employee benefits and compensation lawyer