Susan B. Niver

New York, NY

Susan Bernstein, Special Counsel at Schulte Roth & Zabel, focuses her practice on ERISA issues for single, multiple and multiemployer qualified and nonqualified benefit plans, including: designing and amending plans; ongoing plan administration and regulatory compliance; monitoring legislative and regulatory developments; complying with ERISA reporting and disclosure requirements; preparing and negotiating IRS, DOL and PBGC filings; communicating with employees; and counseling clients on issues related to the merger and termination of benefit plans. Her experience includes advising clients on the design and administration of health and welfare benefit plans, including compliance issues regarding health care reform, COBRA and HIPAA, negotiating employment agreements and counseling employers on all aspects of executive compensation, including Section 409A compliance.

Susan also advises nonprofit and educational institutions on a wide range of issues, including board governance, by-laws, transitions, and employee benefit matters including 403(b) plans, 457(b) plans and 457(f) plans. Additionally, she negotiates employment contracts and nonqualified deferred compensation arrangements with particular attention to 990 reporting issues, reasonable compensation and compliance with the IRS intermediate sanction requirements, as well as New York Executive Order 38.