Dominic DeMatties is a partner with Alston & Bird’s Employee Benefits & Executive Compensation Team in Washington, D.C. Dominic focuses on the design and compliance of qualified and nonqualified deferred compensation plans. He has significant practical and policy experience related to 401(k) plans, employee stock ownership plans (ESOPs) and defined benefit plans, in particular those that provide for shared risk such as cash balance plans, variable annuity plans and multiemployer plans. Dominic also has significant experience with employee benefits matters arising in mergers and acquisitions.
Before joining Alston & Bird, Dominic served as an attorney-advisor in the Office of the Benefits Tax Counsel and Office of Tax Policy at the U.S. Department of the Treasury. In that role, Dominic helped develop tax policies and guidance related to tax-qualified and nonqualified deferred compensation plans. His work focused on guidance and policy related to ESOPs, hybrid pension plans, governmental plans, 409A, 457(f), nondiscrimination, multiemployer plans and a variety of issues relating to single employer defined benefit plans. His work included close collaboration with attorneys from the Office of Chief Counsel at the IRS, as well as with IRS actuaries and professionals at the Pension Benefit Guaranty Corporation (PBGC) and the Department of Labor. Dominic played a leading role in developing regulations and other guidance implementing the Multiemployer Pension Reform Act of 2014 and providing legal advice to the team that analyzes applications received under the law. Before joining the Department of the Treasury, Dominic was partner in a major law firm and he previously worked as an actuarial assistant at a large consulting firm.
Recent Publications & Presentations
- “Beltway Discussion,” First Bankers Trust Services ESOP Q&A Roundtable, Rosemont, IL, June 2, 2017.
- “Partitions, Suspensions, and Applicants' Experience,” 2017 Enrolled Actuaries Meeting, Washington, D.C., April 3–4, 2017.
- “Missing Participants and Post-NRA Issues,” 2017 Enrolled Actuaries Meeting, Washington, D.C., April 3– 4, 2017.
- “Practitioner Panel—Missing and Non-Responsive Participants,” Employee Plans & Exempt Organizations Annual Meeting, Baltimore, MD, February 23, 2017.
- “Survival Guide: Compliance Challenges in a World Without the IRS Determination Letter Program,” Worldwide Employee Benefits Network, Washington, D.C., January 26, 2017.
- “Employee Benefits Exempt Organizations and Governmental Plans Update,” American Bar Association 2017 Midyear Meeting, Orlando, FL, January 20, 2017.
- “Multiemployer Pension Reform Act of 2014—Decisions Made and Lessons Learned,” Colorado Bar Association 34th Annual National CLE Conference—Employee Benefits, Snowmass, CO, January 6–7, 2017.
- “IRS Resolves, Raises Questions For Pension Equity Plans,” Law360, November 23, 2016.
- “Employee Benefits Exempt Organization and Governmental Plans Update,” American Bar Association 2016 Joint Fall CLE Meeting, Boston, MA, September 29, 2016.
In the News
- SHRM, Senate Halts Rule on State-Run IRAs for Small Businesses, May 4, 2017
Dominic DeMatties is quoted on U.S. Senate approval to block a U.S. Department of Labor rule allowing states to require small businesses without their own retirement plans to automatically enroll workers into a state-run program.
- Bloomberg BNA | Flurry of Pension Rescue Filings May Indicate Renewed Confidence, April 18, 2017
Dominic DeMatties is quoted on the recent increase in multiemployer pension plans seeking the U.S. Treasury Department’s approval to cut benefits to avoid plan insolvency.
- Pensions & Investments, Delay Seen as Making DOL Fiduciary Rule More Likely, April 17, 2017
Dominic DeMatties and Pat DiCarlo comment on the 60-day delay to the U.S. Department of Labor’s fiduciary rule and what the postponement means to plan sponsors.
- Bloomberg BNA, Congress Acts to Trim Safe Harbors for State, Local Government Auto-IRAs, March 31, 2017
Dominic DeMatties comments on congressional efforts to roll back Obama-era safe harbor rules for employee benefit plans subject to regulation under the Employee Retirement Income Security Act.
- Bloomberg BNA, DOL’s Fiduciary Rule Could See More Delays, March 28, 2017.
Dominic DeMatties and Pat DiCarlo weigh in on the possibility that the U.S. Department of Labor will postpone the start date of the agency’s new fiduciary rule.
- Bloomberg BNA, Operation of Retirement Plan Key in Wake of Determination Letter Program Changes, February 1, 2017.
In a panel discussion, Dominic DeMatties, Steven Mindy and Fahad Saghir discuss recent changes to the Internal Revenue Service’s determination letter program and its impact on retirement plan sponsors.
- Bloomberg BNA, Pension Plan Owes Rescue Petition Success to Past Rejection, December 22, 2016.
Dominic DeMatties comments on the U.S. Treasury Department’s approval of a petition by a local union pension fund to reduce participants’ benefits.
- Bloomberg BNA | Pension Rescue Rejection Letters May Be Road Map for Other Plans, November 23, 2016.
Dominic DeMatties pinpoints two major lessons gleaned from recent U.S. Treasury Department letters rejecting multiemployer pension plan appeals.
- Georgetown University (J.D., 2003)
- Rochester Institute of Technology (M.S., 1997)
- State University of New York at Geneseo (B.A., 1994)