Mark M. Brown focuses his practice on a wide range of employee plan issues, including plan qualification and correction issues, prohibited transactions, and nonqualified deferred compensation. He is experienced in the design and drafting of qualified retirement plans (particularly cash balance and other defined benefit plans, but also §401(k), profit-sharing, and money purchase plans), tax-deferred annuity plans, nonqualified deferred compensation plans, and stock option plans. Clients for which he has worked include major corporations, schools, hospitals, and investment companies and advisers.
Mark is a senior attorney of the firm and has practiced with the Employee Benefits & Executive Compensation Group for more than 25 years.
Mark has worked on projects such as plan terminations, benefit freezes, and mergers; analysis of nondiscrimination and coverage testing issues; correction of operational and plan document failures under the Internal Revenue Service’s Employee Plans Compliance Resolution System (including issues regarding service crediting, distribution timing, and benefit calculation) and the Department of Labor’s Voluntary Fiduciary Correction Program; analysis of partial terminations; §409A compliance issues for nonqualified plans; review and amendment of cash balance and other hybrid plans for compliance with final regulations; adding Roth conversion features to §401(k) plans; design and implementation of lump-sum windows under defined benefit plans; allocation of litigation proceeds; and determinations of benefit claims and appeals.
- Cornell Law School, J.D., 1987
- Princeton University, A.B., 1984