Benjamin H. Asch
Ben advises on all aspects of employee benefits programs, including retirement plans and health and welfare arrangements, as well as executive compensation, including public reporting and Section 409A of the Code. He advises institutions and executives on tax and benefits planning and compliance, both in an operational and transactional context.
Prior to law school, Ben spent 6 years serving in the United States Marine Corps.
- Consulted on various correction procedures under the IRS Employee Plans Compliance Resolution System, the DOL Voluntary Fiduciary Correction Program and the Treasury guidance relating to section 409A.
- Advised non-profit educational institutions on related party loans.
- Brought into compliance a long-dormant split-dollar arrangement and employer-owner life insurance funded nonqualified plan.
- Ensured employer-sponsored multiple employer welfare arrangement complied with state regulations.
- Oversaw obtainment of a specialized third-party stop loss policy in the context of a multiyear welfare plan transition services agreement.
- Advised plan administrative committee and investment committees on the retention and supervision of plan fiduciaries and other service providers, use of plan assets, and claim review process.*
- Advised on the creation, spend down, termination, and liquidation of funded welfare arrangements.*
- Structured, advised and advocated with regard to nonqualified deferred compensation under Section 457(b) of the Internal Revenue Code.*
- Advised on the impact of the Age Discrimination in Employment Act of 1967 on employer-provided insurance arrangements.*
- Counseled a large unionized employer through a Department of Labor health and welfare audit and consent decree.*
- Advised large non-profit health care provider on benefit compliance, including pre-ERISA plans, multiple employer plans, multiemployer plans, and self-employed defined benefit arrangements.*
- Assisted in the spin-off of subsidiaries holding employer securities.*
*Experience prior to joining Ropes & Gray
- “Deals and Due Diligence in the #MeToo Era,” Law360 (January 29, 2018)
- “Supreme Court Reaffirms ERISA’s Preemptive Effect as It Overturns State Health Care Law,” Lexology (March 30, 2016)
- “IRS Provides Additional Guidance on Treatment of Same-Sex Marriages under Benefit Plans,” Lexology (December 23, 2015)
- Co-author, "Qualified Retirement and Pension Benefits," Chapter 55, Successful Partnering Between Inside and Outside Counsel, ACC
- JD, Public Interest and Pro Bono Honors, University of California, Berkeley School of Law, 2015; Submission Editor, Berkeley Business Law Journal
- BA (History and Political Science), summa cum laude, Rutgers, The State University of New Jersey, 2011; Certificate in Professional and Business Writing
Admissions / Qualifications
- New York, 2016
- New Jersey, 2015
- The Best Lawyers in America – Ones to Watch (2023)