James T. Brickman

James T. Brickman, who passed away in 2010 at age 63, was known for his expertise in the defined benefit plan area of the Employee Retirement Income Security Act of 1974 (“ERISA”). Jim was inducted into the American College of Employee Benefits Counsel (the “College”) in 2000 as a Charter Fellow.

Jim received a Bachelor of Science degree at Illinois Wesleyan University, Bloomington, IL in 1969. In 1972, Jim earned his J.D. from the University of Iowa College of Law, where he was the Managing Editor of the Iowa Law Review.

In his early career, Jim became a partner with Baker and Hostetler of Cleveland, OH. However, he spent most of his career at Kwasha Lipton, a benefits consulting firm in Fort Lee, NJ and developed a reputation in part for specializing in cash balance pension plans. In 1997, Jim was a Partner and Chief Operating Officer when Coopers & Lybrand acquired Kwasha Lipton. Later, among other changes, the benefits consulting firm would become part of Buck Consultants at Xerox. He retired in 2003.

Active in the American Bar Association (“ABA”) as a member of the Employee Benefits Committee of the ABA Section of Taxation, Jim, among other service to the bar, chaired the Subcommittee on Defined Benefit Plans. As part of the Subcommittee, he helped prepare and submit comments, such as the 1997 comment on proposed regulations on termination of single employer plans. In particular, the 1997 comment recommended that the Pension Benefit Guaranty Corporation (“PBGC”) should revisit the language in the Proposed Regulations on penalties and on the integration of ERISA Section 204(h) notices and the standard termination process.

Jim left his mark as a thoughtful leader on ERISA matters in many ways. For example, he also submitted comments in 1992 to the agencies suggesting refinements to the Internal Revenue Code section 401 substantiation guidelines (Doc 92-7287). He was cited in the business press on ERISA matters, such as use of plan assets to pay plan expenses. He contributed to the American Law Institute’s pension reform update program in the late 1970s.

Although ERISA work could be arduous, challenging, and dry, Jim was appreciated for creating a welcome lighter mood with his sense of humor. In the tense atmosphere of company mergers and acquisitions, benefit professionals were often parsing the so-called “same desk” rule from IRS Letter Ruling 8614060 to determine when distributions could be made to transferred employees who stayed in the same job after a company sale. College Fellow Jim Klein recalled that Jim, who experienced a series of company changes on the road from Kwasha Lipton to Buck Consultants, brought smiles when he wryly put his experience in employee benefits terms saying: “Over the past six years, I have had four or five different business cards even though I’ve been sitting at the ‘same desk.’”

College Fellow and friend Pam Scott recalled Jim’s sense of humor and his exceptional skill as an ERISA lawyer and an outstanding general counsel at Kwasha Lipton. Regarded as a wonderful manager and gracious mentor, he shared his knowledge and thought process and encouraged younger lawyers to become involved in bar association activities. He even changed company policy where necessary to support professional education and growth.

Well-regarded and much appreciated for his many contributions, Jim stood out in the defined benefit plan world.

Photo Source: The Decade Book, American College of Employee Benefits Counsel 2000-2010