Michelle Mellon-Werch

Michelle Mellon-Werch advises pensions, benefits and investment plans on fiduciary duties, plan governance, administration and compliance. She has counseled government entities, private companies and other organizations on retirement plans and trust funds for 18 years.

Michelle advises on fiduciary duties, pension benefits administration, policy development, federal tax qualification, Internal Revenue Code (IRC), underlying Treasury Regulations, applicable Internal Revenue Service (IRS) guidance and relevant case law. Michelle frequently assists governmental plans in the development and drafting of internal policies and procedures, member notices and communications and analysis of legislative proposals for compliance with federal tax laws and regulations. She has also assisted with the development of statutory and regulatory amendments required to remain compliant with federal tax laws and regulations and has experience representing plans before the IRS, including in requests for determination letters, private letter rulings and compliance statements in connection with Voluntary Compliance Program (VCP) application submissions under the Employee Plans Compliance Resolution System (EPCRS).

Before joining Nossaman, Michelle served as Assistant General Counsel for 14 years and Director of Communications for two years for the Texas Municipal Retirement System. As Assistant General Counsel, Michelle advised management on compliance issues, filing regulatory filings with the IRS, drafting regulations, policies and procedures and working with auditors and other outside consultants. At TMRS, she launched a data privacy program, directed the development of privacy policies and notices, as well as a data breach response plan. Michelle worked with subject matter experts to draft a request for proposal for a pension administration system. She negotiated a multi-million-dollar pension administration system implementation and professional services, license and subscription agreement and a maintenance and support agreement with a third-party vendor that executed on time and on budget. She also managed open records and open meetings compliance and implemented and managed the recovery of overpayments.

Michelle frequently presents to peers at the National Association of Public Pension Attorneys’ Legal Education Conference and has presented at the Center for American and International Law Institute for Law and Technology Conference, the Texas Municipal Retirement System Annual Conference and the Texas Association of Municipal Information Officers’ Annual Conference.

Experience

• Received a No Action Letter for a private sector client pursuant to a Voluntary Fiduciary Correction Program (VFCP) filing with the Department of Labor (DOL) regarding delinquent contributions to a defined contribution plan.
• Prepared Voluntary Correction Program (VCP) filings with the IRS and Self Correction Program (SCP) internal memoranda for several private sector employer and public pension systems for correction of errors due to Plan Failures and Operational Failures.
• Advised a Texas public pension system on the development of regulations and procedures related to Internal Revenue Service (IRS) Required Minimum Distribution (RMD) requirements, overpayment policies and procedures, missing participant policy and procedures.
• Led a data privacy and cybersecurity assessment of a statewide public pension system using nationally accepted privacy frameworks. Established a data privacy program with an interdisciplinary team chartered to develop a system-wide data risk management program.
• Advised a large state-wide public pension system on the development of rules, policies and procedures regarding required minimum distributions (RMD), corrections of error, claims and appeals, qualified domestic relations orders (QDROs), funding policies, regulatory compliance, qualification issues, open records, open meetings and overpayments.
• Served as lead counsel in negotiations of multi-million-dollar technology licensing, professional services and maintenance and support agreements

Publications

Speaking Engagements

News

Community & Professional

National Association of Pension Plan Attorneys – Benefits Section Committee, co-chair of Cybersecurity Education Committee and Member

Texas Association of Pension Plan Attorneys, Former President and Current Member

International Association of Privacy Professionals, Privacy Bar and Women Leading Privacy Sections, Member

Texas Bar College (2015-Present), Member

Temple Beth Shalom Sisterhood (2007-Present), President (2017-2024)

State Bar of Texas, Computer and Technology Section (2019-2022), Former Council Member

Temple Beth Shalom (2012-2017), Board of Directors

Honors & Recognitions

Certificate of Achievement, Public Plan Policy Employee Pensions (CAPPP), International Foundation of Employee Benefit Plans