Ilene H. Ferenczy

Atlanta, GA

Ilene H. Ferenczy, J.D., CPC, APA, is the managing partner of Ferenczy Benefits Law Center, an employee benefits law firm in Atlanta, GA. Ms. Ferenczy advises clients on all types of employee benefit plans, particularly focusing her practice on qualified retirement plans, benefits issues in mergers and acquisitions, and advising third-party administrators of employee benefit programs on technical and practice issues. Having become an attorney after more than ten years as a third-party administrator, she brings a unique and practical approach to her advice. She is a member of the State Bars of Georgia and California, and holds designations as a Certified Pension Consultant from the American Society of Pension Professionals and Actuaries (ASPPA) and Accredited Pension Administrator from the National Institute of Pension Administrators. Ms. Ferenczy is the 2007 recipient of ASPPA’s Educator of the Year Award, and the 2017 recipient of NIPA’s Excellence in Education Award.

She is a nationally known speaker on benefits issues, and has authored more than 100 articles for publications such as the Journal of Pension Benefits (where she is the Co-Editor-in-Chief), The 401(k) Advisor, and The ASPPA Journal (now The Plan Consultant). Her book, Employee Benefits in Mergers and Acquisitions, an Aspen publication, is now in its 17th edition. Ms. Ferenczy also authored three textbooks about defined contribution plans for ASPPA’s education and examination program, is the author of the Qualified Plans module of ERISApedia.com, and was a prior author of The Plan Termination Answer Book. In addition to being a frequent live presenter, she has also recorded numerous webcasts and other e-learning tools for several organizations. Ms. Ferenczy is a past adjunct professor in the College of Law at Georgia State University in Atlanta, Georgia, and on the Employee Benefits Advisory Board of the John Marshall Law School Center for Tax Law and Employee Benefits in Chicago, Illinois.

Ms. Ferenczy is a former member of ASPPA’s Leadership Council and a former co-chair of ASPPA’s Government Affairs Committee. She works with ASPPA to lobby for favorable pension legislation and workable DOL, IRS, and PBGC guidance in relation to retirement plans. Ms. Ferenczy is also a Fellow in the American College of Employee Benefits Counsel, the highest honor awarded to ERISA lawyers.

Ms. Ferenczy’s extensive benefits experience and national reputation have qualified her to give testimony as an expert witness in ERISA litigation, and enabled the firm to be a member of the International Network of Boutique Law Firms.

PBGC Issues

Preparation of PBGC termination filings; representation in PBGC audits; advice regarding PBGC-related issues

DC Plans

Plan documentation; advice and analysis regarding operational issues; representation in audits before IRS and DOL; preparation of compliance filings; nondiscrimination testing and coverage issues; M&A issues; other advice

IRC Issues

Preparation of plan documentation; representation in audits; advice regarding tax-related matters; analysis and advice regarding controlled group and affiliated service group situations; distribution consulting; nondiscrimination testing and issues; preparation and representation in plan correction procedures; applications for favorable determination, private letter rulings, and other rulings; coverage issues; representation and advice in relation to M&A issues

Fiduciary/Other Title I Issues

Analysis and advice regarding various Title I issues; preparation of and review of service agreements for 3(16), 3(21), and 3(38) fiduciary service providers; preparation of disclosure documents under ERISA Section 408(b)(2); representation of fiduciaries in disputes with participants and DOL; representation of plans and fiduciaries in DOL audits; consulting regarding fiduciary issues; consultation in relation to M&A fiduciary and Title I issues; preparation of employee disclosure materials

Exempt/Governmental Plans

Representation of several governmental retirement plans; preparation of VCP applications on behalf of governmental plans

DB Plans

Documentation, consulting, representation in IRS and PBGC audits, termination processing