Program Description:

HR professionals play a critical role in keeping 401(k) and 403(b) plans on track, but even well-run plans can encounter costly compliance issues. This session will explore three common areas where problems often arise: plan document issues, nondiscrimination testing, and missed deferrals. Attendees will learn practical steps to help prevent errors, understand what self-corrective action may be available when issues do occur, and recognize when legal counsel should be brought in. Presented by both a qualified plan specialist and an ERISA attorney, this program combines operational guidance with legal perspective to help HR teams navigate qualified plan compliance more confidently.

Learning Objectives:

By the end of this session, participants should be able to:

• Identify common compliance traps in 401(k) and 403(b) plans
• Describe proactive administrative practices that can help reduce the risk of plan
• compliance failures
• Recognize basic correction approaches when operational errors or missed
• contributions occur
• Distinguish between issues that can be handled through routine plan
• administration and those that warrant escalation
• Evaluate when it is appropriate to involve ERISA counsel based on the facts and
• circumstances of a particular compliance issue

Presenter Names:

• Valerie McClendon, Director of Retirement Plan Design at Financial Strategies Retirement Partners
• Steven R. Gerlach, Esq., LL.M., Shareholder Attorney at Bernstein Shur

Presenter Bios:

Valerie McClendon | Val possesses over 25 years of experience as a qualified plan design and IRS compliance specialist. Having an extensive background in 401(k), 403(b)'s and Cash Balance Plans, she understands the complexities business owners and HR Teams are faced with when providing this necessary and valuable benefit for their employees. Val’s ultimate goal is to make the complicated easier for employers through hands-on day-to-day support, improved plan oversight and design, and a better overall experience for the participants. Val lives in Southern New Hampshire with her two children and her dog Marley. In her spare time, she enjoys kayaking in the summer and snowboarding in the winter.

Steven R. Gerlach | Steve is a seasoned tax attorney specializing in employee benefits, executive compensation, and the Employee Retirement Income Security Act (ERISA). He advises a diverse clientele—including healthcare entities, businesses, nonprofits, municipalities, and individuals—on ERISA compliance, Maine Public Employees Retirement System (MainePERS) matters, and the tax implications of mergers and acquisitions. Steve also represents employee benefits brokers, employee-owned companies (ESOPs), and multiple employer welfare arrangements (MEWAs), providing comprehensive counsel on complex benefits structures. Steve excels in delivering tailored solutions across a spectrum of employee benefits and compensation matters, including: Employee Benefits & ERISA Compliance, Executive Compensation Planning, and Representation of Specialized Entities.