David A. Kirchner is a principal in the benefits consulting group. David advises employee benefit plan sponsors, including private equity firms and their portfolio companies, asset managers, institutional plan sponsors, financial institutions, health care organizations, religious and other tax-exempt organizations, on all aspects of their health, welfare, and retirement plans, including the rapidly evolving areas of ERISA fiduciary litigation risk, 401(k) and 403(b) plan governance, pooled employer plans (PEPs), and voluntary benefit program compliance. This work spans the full plan lifecycle, from assessing and implementing annual benefit plan renewals, communications, and plan design changes to conducting periodic reviews and RFPs for health, welfare, and retirement plan vendors and service providers.
As employers increasingly face the threat of ERISA class action claims targeting 401(k) and 403(b) plans over excessive fees, imprudent investment selection, and recordkeeping costs, David helps clients build strong plan governance and documentation practices that aim to reduce litigation exposure while improving participant outcomes. He regularly advises and attends client retirement committee meetings, helping structure agendas, review materials, and ensures a prudent process is followed and documented, and works closely with recordkeepers and investment advisors to help committees meet their ERISA fiduciary responsibilities. David brings the same governance-focused approach to the emerging litigation and compliance challenges surrounding health and welfare plan service providers, including pharmacy benefit managers, wellness incentive programs, and voluntary benefit plans such as critical illness, hospital indemnity, and accident insurance, helping clients structure these programs to mitigate fiduciary exposure and litigation risk.
He has a deep understanding of, and regularly advises employers on, new PEP options. He also works with PEP providers and advises on DOL guidance, fiduciary processes, and provider selection, as well as helping clients evaluate whether a PEP's cost efficiencies and risk-sharing benefits align with their overall fiduciary responsibilities.
David assists in transactional work, including developing pre- and post-transactional benefit plan integration strategies and implementing these strategies in connection with mergers, acquisitions, and other corporate matters.
Prior to joining Ropes & Gray, David was a senior account manager for a major life insurance company’s employee benefits division in Boston, Providence, Rhode Island, and Dallas, Texas. David has taught the Life & Health CEBS course at Brown University in Providence, Rhode Island, has been a guest lecturer at the Carroll School of Management, Boston College, and has periodically provided instruction for the New England Employee Benefits Council.