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Lawyers

Paul W. Madden
Senior Counsel
7 Saint Paul Street
Baltimore, MD 21202-1636
Phone: 410.347.8742
Fax: 410.223.4162
pmadden@wtplaw.com
Awards

Mr. Madden is a senior counsel at WTP who has focused his legal practice entirely on employee benefits in both the private and public sectors. He advises clients on the creation and maintenance of all forms of employee benefits plans, including qualified pension and 401(k) plans, non-qualified deferred compensation plan and health and welfare plans. He is active in the National Association of Public Pension Attorneys and currently serves as a member of its Executive Board and the Board Liason to its Tax Section.

Employee Benefits/Governmental Plans

Defined benefit plans, defined contribution plans, grandfathered 401(k) plans and hybrid plans

Assisting government plan sponsors in obtaining determination letters and private letter rulings

Assisting clients in obtaining compliance statements under the Employee Plans Compliance Resolution System (EPCRS) and closing agreements under Section 7121 of the Internal Revenue Code

Issues arising under federal and state legislation, including issues relating to the qualified status of the plans under Sections 401(a) and 414(d) of the Code

Fiduciary, investment and benefit and tax-reporting issues in connection with the plans

Formation and implementation of trusts to pre-fund retiree health benefits in compliance with Governmental Accounting Standards Board Statements 43 and 45

Employee Benefits/ERISA

Tax-qualified retirement plan design and advice - for profit and tax-exempt

Review of custom and prototype retirement plan documents

Defined benefit plans, cash balance and hybrid plans, profit-sharing and 401(k) plans, ESOPs

Self-funded and insured health plans, group-term life, disability, Section 125 cafeteria plans

Controlled group, affiliated service group and leased employee analysis

Analysis of non-discrimination rules for qualified plans, health plans, health savings accounts (HSAs), health reimbursement arrangements (HRAs), cafeteria plans and group term life plans

Preparation and review of employee communications pertaining to retirement and welfare benefit plans 

Advice to parties in mergers, acquisitions & other business transactions regarding employee benefit plan issues

Welfare benefit plan design, advice and drafting

Preparation and review of qualified domestic relations orders

Analysis of potential prohibited transaction issues involving retirement and welfare benefit plan assets 

Preparation of trust documents to fund post-employment benefits

Negotiation of service agreements with custodians, actuaries, investment advisers and third party administrators (TPAs)

ERISA Compliance

Advice to retirement and welfare plan sponsors in all aspects of ERISA compliance

Compliance reviews

Internal Revenue Service (IRS), Department of Labor (DOL) and Pension Benefit Guaranty Corporation audits

IRS and DOL correction programs

Successful negotiation of IRS, DOL and PBGC penalty reductions 

Interaction with outside auditors of retirement plan financial statements 

IRS plan approval

Correction of operational errors (self-correction, correction with IRS approval or correction on audit)

Employee Benefits/Executive Deferred Compensation

Advice to private sector employers (including tax-exempt employers) on non-qualified deferred compensation plans

Compliance with Section 409A of the Internal Revenue Code and (for tax-exempt organizations) compliance with Section 457

Advice on application of golden parachute rules (Sections 280G and 4999 of the Code)

Employee and Benefit Plans – Health Care

Health plan design, advice and drafting

Self-funded and insured health plans, high-deductible health plans (HDHPs), health savings accounts (HSAs), health reimbursement arrangements (HRAs), flexible spending accounts (FSAs) and cafeteria plans

Compliance with all aspects of the Patient Protection and Affordable Care Act  of 2010 (including advice concerning non-discrimination rules and employer mandates)

Analysis of application of non-discrimination rules to self-funded and insured health plans, HDHPs, HSAs  HRA, FSAs and cafeteria plans

Federal and state COBRA compliance pertaining to continuation of employer-provided health care benefits

Continuing Care Retirement Communities, Long Term Care, Assisted Living

Tax-qualified retirement plan design and advice

Section 403(b) and 457 plan design and drafting

Compensation and benefit analysis for avoidance of intermediate sanctions

Compliance with Affordable Care Act

 Employee Benefits & ERISA Litigation

Advice and legal services regarding ERISA compliance

Advice on fiduciary responsibilities and prohibited transactions 

Advice regarding audits by the Department of Labor (DOL) and the Pension Benefit Guaranty Corporation

Representation in ERISA administrative claims and litigation

Representation in litigation brought by DOL alleging prohibited transactions    

Nonprofit Organizations and Associations

Tax-qualified retirement plan design and advice

Section 403(b) and 457 plan design and drafting

Compensation and benefit analysis for avoidance of intermediate sanctions

Business & Corporate Law

Advice to parties in mergers, acquisitions & other business transactions regarding employee benefit plan issues

Advice on multi-employer plans and withdrawal liability issues

 

Recognitions

AV Peer Review Rated: Martindale-Hubbell

Listed in Best Lawyers in America, 2010 - present

Recognized in Chambers USA: America's Leading Lawyers for Business, published by Chambers and Partners (2007-present)

Listed in Maryland Super Lawyers, 2009 – 2014

Memberships & Activities

Bar & Professional Associations

Member:  Maryland State Bar Association

Member:  Bar Association of Baltimore City

Member:  Bar Association of Howard County

Member:  National Association of Public Pension Attorneys  (NAPPA)

Member: Employee Benefits Subcommittee, Maryland State Bar Association (Chairman, 1995 - 1996)

NAPPA: Co-Chair/Lead Chair of Tax Section (2004-2014); Member of Executive Board (2004-present)

Co-Chairman: Internal Revenue Service Employee Benefits Conference (1994-2000)

Boards & Community Service

Member: Executive Board & Executive Committee, Baltimore Area Council, Boy Scouts of America (2002 to present)

Member: Sunrise Rotary Club of Ellicott City (1991 to 2013)

Education

  • University of Pennsylvania (J.D. 1975)
  • Catholic University of America (M.A. 1970) magna cum laude
  • Catholic University of America (A.B. 1969)