Jason S. Fuiman

Partner

Jason Fuiman is Co-Managing Partner and Chair of the Firm’s Labor and Employee Benefits practice.

Jason joined O’Dwyer & Bernstien in 2000 as a Law Clerk. In 2002, he became an Associate Attorney, and in 2011 he became a Partner. He specializes in all aspects of Labor and Employee Benefits Law.

Jason advises the Boards of Trustees of numerous employer pension, welfare, annuity and 401(k) plans ranging from $2 million to $10 billion in total assets on all matters relating to their fiduciary responsibility, including compliance with ERISA, the Internal Revenue Code, DOL and HHS guidelines and applicable regulations. He specializes in matters relating to the Pension Protection Act of 2008 and the Patient Protection and Affordable Care Act. Jason also serves as lead counsel on various employee benefit plan litigation matters involving matters relating to collections, benefit denials, fiduciary duty and plan design. He has practiced before numerous district and circuit courts relating to these matters.

He also advises union executive boards, business agents, organizers and staff on issues relating to organizing, unfair labor practices, collective bargaining agreement interpretation, government investigations, NLRA, LMRA, DOL guidelines, and applicable regulations.

Jason has extensive experience in the selection of plan service providers, from the initiation of the RFP process through the negotiation of provider contracts.

While attending George Washington University in Washington, D.C., Jason was a contributor to the Public Contracts Law Journal and a member of the Entertainment and Sports Law Association. Before attending law school, he worked as a Legislative Correspondent for Congresswoman Nydia M. Velazquez of New York, and as a Staff Assistant for the U.S. House of Representatives Small Business Committee.
Jason is a member of the International Foundation of Employee Benefit Plans.

Published Works

• American Bar Association Employee Benefits Law Manual
• Contributing Editor (2013-2019)

Speaking Engagements

• 2018 Pennsylvania Association of Public Employee Retirement Systems
• A Simple Guide to the Fiduciary Responsibilities of Public Pension Plans
  http://www.pa-pers.org/newweb/documents/ASimpleGuidetoFiduciaryResponsibilitiesofPublicPensionPlans.pdf
• 2017 Annual Conference: International Foundation of Employee Benefit Plans
• Health Care Reform – The Details
• Member Choice Design in Health Plans
• 2016 Annual Conference: International Foundation of Employee Benefit Plans
• Participant and Trustee Education in DC Plans
• 2018 Annual Conference: International Foundation of Employee Benefit Plans
• Fiduciary Obligations in Defined Contribution Plans
• 2019 Annual Conference: International Foundation of Employee Benefit Plans
• Fiduciary Responsibilities in a Defined Contribution Plan

Pro Bono Activities

• Make the Road New York
• General Counsel – Kappa Sigma Fraternity, August 2012 – July 2016