Michelle McCarthy

Michelle McCarthy advises clients of all types – from governmental plans to Fortune 100 companies – regarding every facet of employee benefits law, including the design, structure, implementation, regulatory compliance and administration of retirement, health and welfare benefit plans. With more than 20 years of legal experience specializing in benefits and taxation, Michelle advises clients from both the private and public sectors and has served as trustee-appointed counsel to some of the largest and most reputable pension, health and welfare funds in the nation.

Specific to governmental plans, Michelle advises on tax and fiduciary issues, plan design, pension and health benefits administration, policy development, as well as tax compliance and maintaining tax-exempt status under the Internal Revenue Code (IRC), underlying Treasury Regulations and applicable state law. Michelle frequently advises governmental plan administrators and Boards of Trustees on issues pertaining to plan governance, administration and compliance, has represented numerous of her clients in matters before the Internal Revenue Service (IRS), including IRS audits and examinations, and has helped clients to obtain private letter rulings, closing agreements and compliance statements with respect to corrective filings under the Employee Plans Compliance Resolution System (EPCRS) Voluntary Corrective Program (VCP). In addition, Michelle has represented her governmental plan clients in collection and enforcement actions before state taxing authorities and has assisted clients in the prosecution and defense of state tax appeals.

Michelle also has had a strong focus on benefits issues arising for Taft-Hartley multiemployer plans throughout her career, serving as management-appointed fund counsel to numerous multiemployer plans and advising boards of trustees on multiemployer plan governance, administration and compliance issues. Michelle has represented numerous of her multiemployer plan clients in matters before the IRS, Department of Labor (DOL) and the Pension Benefit Guarantee Corporation (PBGC), including audits and examinations as well as voluntary compliance programs. In addition, Michelle advises contributing employers regarding their participation in multiemployer health and pension plans and provides corporate transaction support on multiemployer plan issues, including potential withdrawal liability.

In addition to serving governmental and multiemployer plan entities, Michelle has vast experience working in the private sector. Michelle’s experience in the retirement plan space includes both defined contribution and defined benefit plans, including cash balance plans. She counsels clients on all aspects of health and welfare plans, working with clients to ensure that their health and welfare plans comply with the complicated and ever-changing requirements under the IRC, ERISA, ACA, COBRA, HIPAA, MHPAEA, GINA, as well as other applicable federal and state law group health plan mandates. And in addition to representing numerous clients in matters involving the IRS, Michelle also has represented clients in matters before the US Department of Labor (DOL) and the Pension Benefit Guaranty Corporation (PBGC), including in DOL plan audits and examinations, as well as in voluntary corrective programs. She frequently advises on data privacy and cybersecurity issues applicable to retirement, health and welfare plans.

In addition to the numerous publications she has authored, Michelle frequently speaks on employee benefits and tax compliance issues at the International Foundation of Employee Benefit Plans, the American Bar Association, the Los Angeles County Bar Association, the Beverly Hills Bar Association, the California Society of Certified Public Accountants and Lorman, among others.

Publications

Blog Posts

Speaking Engagements

News

Podcasts

Community & Professional

State Bar of California, Compensation and Benefits Committee, Chair

Taxation Section, American Bar Association, Member

National Association of Public Pension Attorneys, Member

Women's Lawyers Association of Los Angeles, Member

Free Arts for Abused Children, Director

Honors & Recognitions

Recognized in Best Lawyers in America, Employee Benefits (ERISA) Law, Los Angeles, 2020, 2023