Photo of M. John Burgess

A certified public accountant and attorney with an extensive tax and accounting background including experience as an auditor with a large accounting firm, John brings a practical approach to the legal counsel he provides to employee benefit plan committees, including 401(k) plan committees, regarding their fiduciary responsibilities. Clients appreciate his ability to provide a comprehensive view of their specific benefit plans and how they affect their business. Business owners and executives leverage John’s nearly 20 years of experience in employee benefits, executive compensation matters, and employee stock ownership plans (ESOPs). John regularly represents clients before the Internal Revenue Service (IRS) and department of Labor (DOL) in benefits matters.

A significant portion of John’s practice is centered on establishing and maintaining ESOPs for a nationwide client base, including plan design, distribution policies, the structure and implementation of ESOP transactions and administration matters. John also regularly represents ESOP trustees in purchase and sale transactions. In 2020, he helped to establish the Florida Center for Employee Ownership, a statewide resource for business owners who are considering a transition of the ownership of a business to its employees and is a member of its Board of Directors. He speaks regularly on ESOP issues at national and regional conferences.

John plays a critical role in navigating the complex and potentially risky issues that can arise during an M&A transaction. Clients draw on his benefits issues experience, including assistance with the due diligence on benefit plans sponsored by an acquired company. He routinely counsels clients on plan documentation, plan qualification, and other benefits issues, including tax and fiduciary matters.

Having worked with plans of all sizes, ranging from those sponsored by small, local companies to large, multi-national corporations, John has guided business owners, executives, and other senior managers with a range of employee benefits. Employers at all stages, from startups to public companies, seek John for advice and counsel on how to establish and maintain equity-based compensation programs for executives and employees.

Clients value John’s significant experience assisting in the correction of errors in both qualified and non-qualified retirement plans. This includes representing clients in Voluntary Compliance Program applications before the IRS, providing the opportunity to maintain compliance with IRS regulations and the potential for saving significant penalties and fees. He regularly assists clients with executive employment agreements, severance agreements, change in control agreements and non-qualified deferred compensation plans, including compliance with Internal Revenue Code Sections 409A, 457(b) and 457(f).

It’s 2024, which means a new batch of provisions from SECURE Act 2.0 have gone into effect. One of the more significant ones is an increase in the “cashout” limit that a qualified plan can impose to kick former employees with small balances out of their plans.

The cashout limit allows a qualified plan to

On August 9, the IRS issued a news release, IR-2023-144, warning taxpayers and advisors of “numerous compliance issues” with ESOPs, such as “valuation issues with employee stock,” “prohibited allocation of shares to disqualified persons,” “failure to follow tax law requirements for ESOP loans causing the loan to be a prohibited transaction” and “promoted arrangements

Baseball season has just started, and retirement plan auditing season will soon kick into high gear. Many plan sponsors don’t see the value of a good auditor; they just see the audit as a cost of doing business. That’s too bad because these days when a plan sponsor becomes aware of an operational problem in