Frank J. Bitzer

Cincinnati, OH

Frank is Director of Legal and Compliance - Health and Welfare Plans for the Marsh & McLennan Agency-Midwest Division. He is also National Retirement Plans Legal and Compliance Director for the of the Marsh & McLennan Retirement and Wealth Planning practice. Marsh & McLennan Agency is a division of Marsh & McLennan Companies which is a Fortune 500 Company with a global presence through its Marsh & McLennan Agency, Mercer Consulting, Oliver Wyman and Guy Carpenter subsidiaries.

Mr. Bitzer's areas of concentration at include matters ranging from qualified health plans, institutional trust and custody matters to plan investment issues, plan qualification, fiduciary matters, IRA's, and management of regulatory oversight matters.

He is a graduate of the University of Cincinnati (1985) and received his J.D. from the University of San Diego School of Law (1988). He has particular experience in civil and criminal matters pursuant to ERISA having served as an Investigator with the USDOL - EBSA. He has worked as benefits counsel with a top ten mutual insurance company, a financial brokerage/mutual funds firm and one of the nation's top ten banks.

He is past Chair of the Cincinnati Bar Association Employee Benefits Committee (2008-2009). He is also a member of the ASPPA Benefits Council of Cincinnati and served as it's Government Affairs Officer. He has been named as a 2008 and 2010-2013 Cincinnati "Leading Lawyer" by Cincy Magazine. He has been recognized as an Ohio "Super Lawyer" for 2009 - 2013 by Law & Politics Magazine and Cincinnati Magazine.

Frank has made presentations on fiduciary matters to organizations across the U.S. In addition, he is co-author of the following employee benefits books: "ERISA Facts", "Benefits Facts", "The Insider's Guide to DOL Plan Audits", "Coverage and Nondiscrimination Answer Book", "The Pension Answer Book Forms and Worksheets", "The Quick Reference Guide to ERISA", and "The Plan Termination Answer Book".

IRC Issues

I have presented and co-presented (in panels and with other individuals) at various conferences across the nation over the last 25 years on ERISA fiduciary matters, regulatory enforcement and statutory and legal updates as well as a myriad of qualified plan matters.

Fiduciary/Other Title I Issues
Expert Witness

My area of expertise focuses on fiduciary and criminal matters under ERISA as well as Department of Labor regulatory enforcement of the same.rnI've provided expert witness testimony regarding the applicability of 18 USC 1954 to certain brokerage compensation arrangements. In the lawsuit Mercy Medical Center, Inc. v. Aultman Health Foundation, et al. After an eight-week trial, the jury found in favor of my cliwnt, Mercy on its claim under the Ohio Pattern of Corrupt Activities statute. Specifically, the jury found that Aultman engaged in a pattern of corrupt activities by making secret payments to independent insurance brokers to steer their employer-group clients to Aultman's own private-label insurance plan. The jury, in June 2010, awarded Mercy $6.1 million in compensatory damages, which is believed to be the largest business dispute jury verdict in Stark County, Ohio history. rn