Jay regularly represents clients in all aspects of employee benefits and executive compensation matters and related fiduciary and tax concerns.
Jay has extensive experience with qualified and non-qualified employee benefit plans as well as executive compensation. He represents clients before the IRS, the Department of Labor, and the Pension Benefit Guaranty Corporation. He has extensive experience handling retirement plans (401(k), profit sharing, 403(b), and defined benefit pension plans) and the employee benefits aspects of mergers and acquisitions, the fiduciary issues pertaining to plan assets, and other commercial transactions. Jay is equally experienced in handling the unique employee benefit requirements of non-profits and educational institutions. In addition, he has designed, drafted, and implemented all types of executive compensation arrangements, including deferred compensation plans, top hat plans, SERPS, and equity-based compensation plans. Jay advises clients on a regular basis regarding welfare benefit programs, including retiree medical benefits, self-insured programs, and cafeteria plans, to comply with the changing law in this area and to protect the client from unwanted claims and expenses. Additionally, he regularly advises clients on Sections 409A and 280G of the Internal Revenue Code. He also counsels in connection with retiree medical benefits issues and the resolution of disputed claims for welfare and retirement plan benefits.
Jay is also a fellow in the American College of Employee Benefits Counsel and is consistently recognized as a Super Lawyer by his peers.
Jay earned his undergraduate degree from The Wharton School at the University of Pennsylvania (B.S. economics, cum laude, 1977), his law degree from Rutgers School of Law Newark (J.D., 1980), and his master of laws from New York University Law School (LL.M. taxation, 1984).
News
November 12, 2020
The Cozen O’Connor team is led by Larry P. Laubach. The team includes Richard J. Silpe, Gregory P. Cunningham, Eli S. Wolfe, Lindsey Stillwell, J. Trevor Cloak, Jay A. Dorsch, and Robert S. Kaplan.
August 20, 2020
Best Lawyers selected 201 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2021 edition of The Best Lawyers in America© (Copyright 2020 by Woodward/White, Inc., of Aiken, SC).
June 05, 2020
Super Lawyers has selected 58 Cozen O'Connor attorneys to the 2020 Pennsylvania Super Lawyers and Rising Stars lists.
April 01, 2020
Jay Dorsch was quoted in USA Today discussing the impact of employee benefits with the COVID-19 pandemic.
August 28, 2019
Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.
May 21, 2019
Super Lawyers has selected 64 Cozen O'Connor attorneys to the 2019 Pennsylvania Super Lawyers and Rising Stars lists.
August 22, 2018
One hundred twenty-six Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.
June 12, 2018
Super Lawyers has named 54 Cozen O'Connor attorneys to its 2018 Pennsylvania Super Lawyers and Rising Stars lists.
December 05, 2017
The national corporate practice and international practice at Cozen O’Connor represented Eurofins Scientific SE in the acquisition of EAG Laboratories from affiliates of Odyssey Investment Partners. The transaction is valued at $780 million on a cash-free, debt-free basis, and closed on December 1, 2017.
August 23, 2017
Lawyers were selected for inclusion in the 2018 edition based on a rigorous peer-review that has been developed and defined for more than 30 years.
May 28, 2009
Cozen O’Connor is proud to announce that 52 attorneys from the firm’s Philadelphia and West Conshohocken offices have been named 2009 Pennsylvania Super Lawyers by Law & Politics, and will appear in the June 2009 issues of Philadelphia magazine and Pennsylvania Super Lawyers.
July 19, 2008
Cozen O’Connor attorneys Jay A. Dorsch and L. Stephen Bowers recently lectured on ''Pension Plan Basics and Legislative Updates'' for Kistler-Tiffany Benefits. Some of the topics Dorsch and Bowers covered included pension plan options for small employers and an update on deferred compensation rules.
May 29, 2008
Cozen O’Connor is proud to announce that 42 attorneys from the firm’s Philadelphia and West Conshohocken offices have been named 2008 Pennsylvania Super Lawyers by Law & Politics, and will appear in the June 2008 issues of Philadelphia magazine and Pennsylvania Super Lawyers.
Publications
June 10, 2020
Robert Kaplan and Jay Dorsch discuss the IRS's proposed rules regarding the 21 percent excise tax on compensation over $1 million and excess parachute payments paid by tax-exempt organizations to certain covered employees.
May 14, 2020
John Wilson, Jay Dorsch, Lynn Brehm, Robert Kaplan, and Matt Clyde discuss IRS Notice 2020-29 allowing employers to provide flexibility to employees to change their elections under cafeteria plans through December 31, 2020.
March 02, 2020
Jay Dorsch and Rob Kaplan discuss the IRS's position that there is no statute of limitations for penalties associated with the Affordable Care Act.
December 30, 2019
Robert Kaplan and Jay Dorsch discuss why employers need to begin evaluating the effects of the SECURE Act on their retirement plans as soon as possible.
June 01, 2017
Jay A. Dorsch and Matthew D. Clyde discuss the DOL's Fiduciary Rule that state individuals or companies who are considered fiduciaries under the new rule must meet “impartial conduct standards” to qualify for the related prohibited transaction exemptions.
December 23, 2016
L. Stephen Bowers and Jay A. Dorsch discuss the 21st Century Cures Act, which eases restrictions on health reimbursement arrangements sponsored by certain small employers.
December 13, 2016
L. Stephen Bowers and Jay A. Dorsch discuss the 21st Century Cures Act that provides government funding and support for a number of health care initiatives.
March 09, 2016
L. Stephen Bowers and Jay A. Dorsch discuss a recent class action settlement wherein a large financial services organization agreed to pay nearly $300,000 to settle claims that the notice it provided to health plan participants and beneficiaries of their right to continue their health coverage upon the occurrence of a qualifying event, as is required by COBRA, was deficient.
February 03, 2016
Stephen L. Bowers and Jay Dorsch discuss Bell v. Anthem Inc. et al., and (1) whether it is a breach of fiduciary duty for a large plan to not use its leverage to secure lower administration and investment services fees, and (2) whether the selection of higher-fee mutual funds over similar lower-cost funds constitutes a per se breach of fiduciary duty under ERISA?
January 29, 2016
Stephen L. Bowers, Jay A. Dorsch and Jeffrey I. Pasek discuss the recent U.S. Supreme Court decision in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan and how it impacts fiduciaries of employee benefit plans governed by ERISA.
May 04, 2015
The DOL issued long awaited re-proposed regulations governing fiduciary status and investment advice for public comment on April 14, 2015. The proposed regulations would amend the definition of fiduciary under ERISA to better protect retirement savers against conflicted investment advice.
January 01, 2014
We are pleased to provide you with our 2013/2014 Observer, which looks back at the developments in labor and employment law over the past year and forward to what employers can expect in 2014.
November 11, 2013
The IRS has issued IRS Notice 2013-71, allowing limited carry-over of amounts in employees’ flex plan accounts to the following plan year. Under the guidance employers may permit participants to carry over up to $500 of unused amounts in their health care flexible spending account into the next plan year.
June 20, 2011
The Patient Protection and Affordable Care Act, enacted March 23, 2010, revises the definition of medical expenses as it relates to over-the-counter drugs for employer-provided accident and health plans, including health flexible spending arrangements (FSAs) and health reimbursement arrangements (HRAs), as well as the definition of qualified medical expenses for Health Savings Accounts (HSAs) and Archer Medical Savings Accounts (Archer MSAs).
November 10, 2010
The IRS issued Notice 2010-6 (Notice) earlier this year, providing taxpayers with a mechanism to correct certain IRC Section 409A document errors. Under the Notice’s transition rules, if certain document compliance errors are corrected by December 31, 2010, the affected employee may avoid incurring any income tax or penalties (other than income tax on amounts actually received).
June 21, 2010
The new health care reform legislation provides an opportunity to employers who offer medical coverage to retirees to obtain government reimbursement of certain claims expenses. Called the ''Early Retiree Reinsurance Program,'' it is designed to assist employers who provide health care coverage for individuals who retire before becoming eligible for Medicare (i.e., ages 55 to 65) to continue to provide such coverage. However, there is a catch: the reimbursement program is temporary and is capped at $5 billion in total reimbursements.
August 20, 2009
Pennsylvania joined a growing majority of states by enacting a ''mini COBRA'' law to provide former employees of smaller companies with an alternative to obtain health insurance. Federal COBRA provides that employers who provide their employees with health insurance coverage and have at least 20 employees are required to offer continuing health coverage if an employee would lose their health benefits due to a ''qualifying event'' (such as termination of employment). Employers of fewer than 20 employees are exempt from this requirement.
July 01, 2009
''It’s unclear what impact ‘say on pay’ votes will have. A shareholder vote that ‘yes this is a good program’ or ‘no this is not a good program’ doesn’t provide any guidance on why the shareholders have concluded a program is or is not appropriate.''
February 24, 2009
On February 17, 2009, President Obama signed the American Recovery and Reinvestment Tax Act of 2009 (the Act). The Act contains provisions which are intended to make health care coverage, particularly COBRA coverage, more affordable. Unfortunately, some of the burden of achieving this goal is placed on employers, including certain actions which must be taken quickly. Following is a brief description of the COBRA provisions of the Act.
November 20, 2008
December 31, 2008 is the deadline for revising nonqualified deferred compensation arrangements to comply with Internal Revenue Code Section 409A. While the rules have been in effect since 2004, the deadline for conforming all documents that are subject to Section 409A was extended from the end of last year and is not expected to be extended further. Although Section 409A addresses only non-qualified deferred compensation arrangements, the final regulation.
August 15, 2008
Our Summer 2008 Labor and Employment Law Observer covers a multitude of topics of interest to in-house counsel, human resources professionals and corporate management.
June 25, 2007
On April 10, 2007, the Department of the Treasury and the Internal Revenue Service issued final regulations on nonqualified deferred compensation under Section 409A of the Internal Revenue Code (the ''Final Regulations'').
April 12, 2007
On April 10, 2007, the Internal Revenue Service (the ''IRS'') and the Treasury Department released the long-awaited final regulations regarding the taxation of non-qualified deferred compensation under Section 409A of the Internal Revenue Code of 1986, as amended (the ''Code''). Code Section 409A provides that amounts deferred under non-qualified plans and arrangements may be subject to current taxation and penalties if certain requirements are not satisfied.
June 21, 2006
Issues in Mergers and Acquisitions - Preparing Your Business for Sale -
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