Mamta K. Shah
Mamta provides strategic advice to public and private companies on all aspects of employee benefits law, including the implementation, design, and administration of qualified employee benefit plans (such as 401(k) plans, profit-sharing plans, and defined benefit plans), nonqualified deferred compensation arrangements, health and welfare plans, severance arrangements, and equity and other incentive-based compensation plans. Mamta also advises on employee benefits issues and executive compensation matters arising in the context of business transactions, such as corporate mergers, acquisitions, and dispositions.
- Counseled board of directors of a public company on plan governance matters with respect to $500 million 401(k) plan, $360 million pension plan, health and welfare plans, and nonqualified deferred compensation plans.
- Counseled management of companies on strategic planning with respect to retirement benefits, including post-acquisition harmonization of employee benefit plans, mergers, spin-offs, plan terminations, and plan formations. Examples include:
- Designed lump sum plant shutdown benefits in overfunded $500 million pension plan.
- Designed loan rollover features under 401(k) plans in connection with transfer of employees to unrelated third parties.
- Consolidated 401(k) plans of multiple subsidiary companies into parent company’s $900million 401(k) plan in an eight-way merger.
- Redesigned public company’s $400 million 401(k) plan and its supplemental savings plan in connection with the freeze of its $350 million pension plan and its SERP.
- Designed lump-sum window program for privately-held company’s $400 million pension plan.
- Counseled management of private company on partial termination and reportable event issues in connection with reductions in force and facility closings.
- Represented boards of directors as well as CEOs and other executives in negotiation of employment agreements of CEOs and other executives (e.g., 409A, 162(m), and 280G).
- Counseled publicly-held aerospace company with 25 operating companies on coverage testing of 25 separate 401(k) plans and related remediation.
Publications & Presentations
- Co-author, “DOL Clarifies Deadlines for Lifetime Income Illustration Disclosure Requirements Which Take Effect on September 18, 2021,” Troutman Pepper, August 9, 2021.
- Co-author, “Cybersecurity Security Best Practices for Retirement Plan Administration,” Troutman Pepper, April 29, 2021.
- Co-author, “DOL Issues Guidance on Federally Funded COBRA Premium Subsidy — FAQs and Model Notices Provide Clarification for Employers,” Troutman Pepper, April 15, 2021.
- Co-author, “COVID-19 Resource Guide for Human Resources Professionals: 100% Federally Funded COBRA is Almost Here — What You Need to Know,” Troutman Pepper, March 25, 2021.
- Co-author, “COVID-19 Resource Guide for Human Resources Professionals: Employee Benefits Considerations for Reopening in 2020,” Employee Benefit Plan Review, September 2020.
- Co-author, “Benefits Considerations for Onboarding Furloughed and Laid Off Employees,” Troutman Pepper, 2020.
- Co-author, “Revised Summary of CARES Act and FFCRA Tax Credit and Payroll Tax Relief,” Troutman Pepper, July 14, 2020.
- Co-author, “COVID-19 Resource Guide for Human Resources Professionals: Action Items and Implementation Guidelines Relating to Employee Benefit Plans,” Troutman Sanders, May 15, 2020.
- Co-author, “UPDATE: COVID-19 Employee Benefits FAQs for Employers: Focus on Retirement Plans,” Troutman Sanders, April 3, 2020.
- Co-author, “CARES Act Relief for Retirement Plans,” Troutman Sanders, March 31, 2020.
- Co-author, “COVID-19 Employee Benefits FAQs for Employers - Focus on Retirement Plans,” Troutman Sanders, March 24, 2020.
- Co-author, “Planning Opportunities After the Supreme Court’s Decision in Intel Corp. Investment Policy Committee et al. v. Sulyma,” Troutman Sanders, March 12, 2020.
- Speaker, “COVID-19: A Year Later. Where Do We Go From Here?” Troutman Pepper, March 23, 2021.
- Panelist, “Global Webinar: Managing your Greatest Asset - Perspectives on HR Challenges Near and Far,” 100 Women in Finance, August 3, 2020.
- Panelist, “New IRS Final Regulations for Hardship Distributions Under 401(k) and 403(b) Plans,” Strafford webinar, December 12, 2019.
- Coalition of Women’s Initiatives in Law – NY Chapter
Mamta has provided pro bono advice to nonprofit entities in the implementation, termination and design of their retirement plans.