Not that Napa! PERA Lawyers Play Key Roles in National Public Pension Attorneys’ Association

Because public pension plans are created by state legislatures and have governmental oversight, it’s important that public pension attorneys be familiar with the latest developments in public pension law. In everything that public retirement systems do—making benefit payments, collecting contributions, administering disability, survivor, and health care programs, and the very important task of investing billions of dollars to provide secure retirement income to public employees—public pension attorneys are involved.

NAPPA’s purpose is to provide educational opportunities and informational resources for attorneys who represent public pension funds. Along with a winter seminar and a newsletter, the summer conference educates members on topics such as litigation, taxation, benefits, investments, governmental regulations, and ethics. Many state bar associations have recognized the educational value of the conference by granting continuing legal education credits to attorneys who attend NAPPA sessions. PERA’s legal team attends the NAPPA conference each summer and each attorney receives about 22 credits toward their 3-year requirement to earn 48 credits in Colorado.

PERA attorneys are highly involved in the NAPPA organization. Adam Franklin, PERA’s General Counsel, was recently elected to the Executive Board that oversees NAPPA. As a leader in the organization, Franklin will add his knowledge and broad experience to this association of national experts on all public pension fund topics. PERA’s current Executive Director, Greg Smith, attended the 2014 conference and has been an integral part of the Association for over 15 years, including serving as the President of the association from 2011 to 2012 when he was General Counsel of PERA.

During this summer’s conference, PERA Senior Staff Attorney Kim Gardner presented on a panel discussing the design of disability programs. Most importantly, she described best practices when defining what constitutes a disability and when a member is eligible for a disability retirement benefit. PERA’s disability program is set out in Colorado law at C.R.S. § 24-51-701 et seq.

A defined contribution plan break-out session led by Senior Staff Attorney Jennifer Schreck discussed the negotiation of contracts with DC plan administrators (also known as recordkeepers) and the pitfalls of administering a program that allows a member to choose between a defined contribution plan and a defined benefit plan. PERA attorneys provide advice when complications arise in the PERAChoice program because of strict deadlines required by law to make such choices.

Staff Attorney Julie Borisov participated on the panel for the Health Plan Affinity Group. Many public pension plans provide health care coverage to their retirees and must comply with “Obamacare” laws and regulations. This panel of experts provided essential information to help the attorneys in the room navigate that immense federal program.

Other topics discussed at the conference included:

• Tax Update—The Ins and Outs of 1099-Rs, Corrections, Reviewing Your 1099-R Practices and Special 1099-R Issues
• Online Retirement—How It’s Done and Why It’s Useful/How Do We Like Social Media
• Current Traps for the Unwary—Alternative Investments
• Litigating Against Your Plan Sponsors or Members: Stories from the Trenches
• DOMA and Taxation of Domestic Partnerships
• Strategies and Structures for Direct Investment in Real Estate
• The Rise and Pitfalls of BYOD (Bring Your Own Device) to Work
• Investments Outside the United States

PERA staff members who attend the NAPPA summer conference benefit greatly from the wealth of knowledge and experience of other leading pension plan attorneys. And by leading sessions and participating on panels, they have the opportunity to share some of their own expertise with other organizations, ensuring that the NAPPA conferences continue to be relevant and informative for pension plans across the country.