Dominic is a partner in the firm’s Employee Benefits & Executive Compensation practice group. He focuses his practice on design, implementation and administration of a wide range of employee benefit programs, with an emphasis on compliance of tax-qualified and nonqualified deferred compensation arrangements with ERISA, the Internal Revenue Code (such as the tax qualification rules, 409A, and excise tax provisions), and other applicable laws and rules. He has significant practical and policy experience across a wide range of employee benefits arrangements with a particular emphasis on employee stock ownership plans (ESOPs), 401(k) and other defined contribution plans, association multiple employer plans (MEPs), pooled employer plans (PEPs) and other open MEPs, multiemployer plans, and defined benefit plans, particularly those that provide for shared risk, such as cash balance plans and variable annuity plans. He is a frequent speaker on a wide range of ERISA and tax issues related to employee benefit plans.
Dominic frequently represents clients before the various governmental agencies that regulate employee benefit plans, including private letter ruling requests, comment letters and other stakeholder meetings regarding regulatory and policy issues. He also has extensive experience representing clients in connection with investigations, audits, and similar inquiries related to their benefit plans brought by the Department of Labor, IRS, and PBGC as well as with various correction programs established by the agencies such as the Employee Plans Compliance Resolution System (EPCRS) and the Voluntary Fiduciary Correction Program (VFCP). Dominic assists clients with the design and implementation of defined benefit risk transfer transactions, including bulk lump sum offers and annuity purchase transactions, navigating cutting-edge questions such as plan fiduciary obligations under ERISA regarding protection of retirement plan data, as well as with employee benefits issues associated with corporate transactions.
Prior to joining Thompson Hine, Dominic was a partner in the Washington D.C. office of an Am Law Global 100 firm. His experience also includes having served in the capacity of attorney-advisor in the Office of the Benefits Tax Counsel at the Department of the Treasury in Washington, D.C. In that role, he was actively involved in developing taxation policies and guidance related to qualified and nonqualified deferred compensation plans with a concentration on ESOPs, cash balance and other hybrid pension plans, governmental plans, 409A, 457(f), nondiscrimination, and multiemployer plans. His work included close collaboration with legal advisors and actuaries from the Office of Chief Counsel at the IRS, the Pension Benefit Guaranty Corporation and the Department of Labor.
While at Treasury, he was a key advisor in developing regulations and guidance that led to the implementation of the Multiemployer Pension Reform Act of 2014 and a frequent speaker on a range of benefits tax issues such as ESOPs.
- “American Rescue Plan Act: Impact on Employers and Employees,” Thompson Hine COVID-19 Update, March 10, 2021
- “IRS Issues Guidance on Consolidated Appropriations Act FSA Forfeiture Relief,” Thompson Hine Employee Benefits Update, March 2021
- “Send Out the Search Party: Retirement Plan Fiduciary Duties Under DOL Missing Participant Guidance,” Thompson Hine Employee Benefits Update, February 2021
- “DOL Final Rule on Fiduciaries’ Exercise of Proxy Voting and Shareholder Rights,” Thompson Hine Employee Benefits Update, January 2021
- “Qualifying Disaster Relief Payments: A Rare Tax Superfecta,” Thompson Hine Business Law Update, Winter 2021
- “DOL Final Rule for Financial Factors in Selecting Plan Investments,” Thompson Hine Employee Benefits Update, December 2020
- “DOL and IRS Issue New Employee Benefits Guidance,” Thompson Hine Employee Benefits Update, September 2020
- “DOL Proposes Broad New Fiduciary Investment Advice Exemption,” Thompson Hine Employee Benefits & Executive Compensation Update, July 2020
- “DOL Finalizes Electronic Disclosure Safe Harbor for Retirement Plans,” Thompson Hine Employee Benefits & Executive Compensation Update, May 2020
- “IRS Resolves, Raises Questions For Pension Plans,” Law360, November 23, 2016
- "Benefits Building Blocks for the Biden Administration," Thompson Hine Webinar, February 2, 2021
- “Legal Responsibility for Protecting Retirement Plan Data,” 33rd Annual Employee Benefits Institute, Overland Park, Kansas, May 9, 2019
- “Retirement Plans,” Certificate in Employee Benefits Law, Atlanta, Georgia, April 8-12, 2019
- “Keeping Your Guard Up – Fiduciary Issues in DC Plans,” “Finding Nemo: Lost Participants and Related Plan Administration Issues,” and “State Run Plans vs. Open Multiple Employer Plans,” 2018 Conference of Consulting Actuaries Annual Meeting, Colorado Springs, CO, October 21-24, 2018
- “Retirement Plans Today and Tomorrow,” Washington Legislative Update, Washington, D.C., May 21-22, 2018
- “News from IRS Chief Counsel (TEGE),” 2018 Joint TE/GE Council Employee Plans & Exempt Organizations Annual Meeting, Baltimore, MD, February 22-23, 2018
- Advanced Trustees and Administrators Institute, Lake Buena Vista, FL, February 12-14, 2018
- “Compensation & Benefits Tax Reform: Eliminating the Performance-Based Exception to Section 162(m) and other Changes Regarding Compensation,” The Tax Cuts and Jobs Act: A Conference with the Government and Private Sector to Discuss the Legislation, Washington, D.C., January 25, 2018
- “Embracing Rejection: SOB Letters,” Conference of Consulting Actuaries Annual Meeting, Orlando, FL, October 22-25, 2017
- “Block I, Retirement Plans,” The Certificate in Employee Benefits Seminar, Orlando, FL, July 17-21, 2017
- “Beltway Discussions,” ESOP Q&A Roundtable Agenda, Rosemont, IL, June 2, 2017
- “Missing Participants and Post-NRA Issues,” and “Partitions, Suspensions & Applicants’ Experience,” 42nd Actual Enrolled Actuaries Meeting, Washington, D.C., April 2-5, 2017
- “Practitioner Panel – Missing and Non-Responsive Participants,” Employee Plans & Exempt Organizations Annual Meeting, Baltimore, MD, February 23, 2017
- “Survival Guide: Compliance Challenges in a World Without the IRS Determination Letter Program,” Worldwide Employee Benefits Network, Washington, D.C., January 26, 2017
- “Employee Benefits Exempt Organizations and Governmental Plans Update,” American Bar Association 2017 Midyear Meeting, Orlando, FL, January 20, 2017
- “Multiemployer Pension Reform Act of 2014 – Decisions Made and Lessons Learned,” National CLE Conference, Snowmass, CO, January 6-7, 2017
- “Employee Benefits, Exempt Organization and Governmental Plans Update,” American Bar Association 2016 Joint Fall CLE Meeting, Boston, MA, September 29, 2016
Dominic DeMatties Joins Thompson Hine’s Washington Office - Office Adds Fourth Former Government Official in Recent Months
February 11, 2020