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Marcia S. Wagner
Virtual Consultation Available
About Marcia
Biography
In 1996, I founded The Wagner Law Group, a nationally recognized ERISA, employee benefits, executive compensation and estate planning practice with 23 attorneys. I’m one of nine attorneys at The Wagner Law Group who are AV rated by Martindale-Hubbell as having very high to preeminent legal abilities and ethical standards. The firm is among the largest ERISA boutiques in the U.S., with clients in over 45 states and several foreign countries.
I have sustained lasting relationships with my clients for whom I provide the full range of legal services needed to establish and maintain their benefit and compensation plans and to fulfill their roles as employer, plan sponsor or plan fiduciary. Our clients vary in size from sole proprietors to publicly-traded multistate and multinational businesses with tens of thousands of employees, including both for-profit employers and nonprofit entities.
For three years, I provided advice and consultation to the IRS on pension matters through my service on the IRS Advisory Committee on Tax Exempt and Government Entities and served as chair in 2010. I’m also on the Legg Mason Retirement Advisory Council and the Advisory Board on Compensation Planning for Tax Management, Inc.
I have written or contributed to over 175 articles and 14 books regarding ERISA and employee benefits. I was listed by 401k Wire as one of the 100 Most Influential People in the 401k Industry from 2008 to 2012. New England Super Lawyers Magazine included me on the Massachusetts Super Lawyers List from 2009 to 2012.
I earned my law degree from Harvard Law School in 1987 after graduating from Cornell University in 1984 summa cum laude with a B.A. in Economics and Government. I also studied Graduate-Level Economics at the London School of Economics and Political Science in 1983.
ERISA is complicated, and I’m just as passionate today about the law as I was when I started practicing law in 1987. If I can help you untangle ERISA’s maze of regulations, please contact me.
Specialties: The Firm's ERISA practice covers many different types of employee benefit plans, both qualified and non-qualified, and includes advice and client counseling in the following areas:
Retirement Plans,
Non-Qualified Plans and Executive Compensation,
Plan Administration,
Welfare Benefit Plans,
Plan Testing,
Plan Compliance,
Income and Pension Excise Taxes,
Other Plan Issues,
ERISA Title I,
Employment Taxes,
Administrative Representation and
Estate Planning and Administration
Practice Areas
4
Practice Areas
Chapter 11 Bankruptcy
25%
Employee Benefits
25%
Employment and Labor
25%
Tax
25%
Fees and Rates
Awards
Licenses
Licensed in District of Columbia for 37 years
State: District of Columbia
Acquired: 1988
No misconduct found
Licensed in Massachusetts for 38 years
State: Massachusetts
Acquired: 1987
No misconduct found
Location
The Wagner Law Group PC
125 High St, Oliver Street Tower 5th Floor, Boston, MA, 02110
wagnerlawgroup.com/marcia-wagner.htmlMarcia S. Wagner's Reviews
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Experience
Honors
2025
Super Lawyer, Super Lawyers
2024
Super Lawyer, Super Lawyers
2023
Super Lawyer, Super Lawyers
2022
Super Lawyer, Super Lawyers
2021
Super Lawyer, Super Lawyers
2020
Super Lawyer, Super Lawyers
2019
Super Lawyer, Super Lawyers
2018
Super Lawyer, Super Lawyers
2017
Super Lawyer, Super Lawyers
2016
Super Lawyer, Super Lawyers
2015
Super Lawyer, Super Lawyers
2014
Super Lawyer, Super Lawyers
2014
100 Most Influential People in The 401(k) Industry for 2014, 401(k) Wire
2014
Boston’s Top Rated Lawyers, Legal Leaders Magazine
2014
Massachusetts Super Lawyers List, New England Super Lawyers Magazine
2014
New England’s Best Lawyer, New England’s Best Lawyer
2013
100 Most Influential People in The 401(k) Industry for 2013, 401(k) Wire
2013
Massachusetts Super Lawyers List, New England Super Lawyers Magazine
2013
New England’s Best Lawyers, New England’s Best Lawyers
2013
Super Lawyer, Super Lawyers
2012
Massachusetts Super Lawyers List, New England Super Lawyers Magazine
2012
Boston's Top Rated Lawyers, The Boston Globe
2012
100 Most Influential People in The 401(k) Industry for 2012, 401(k) Wire
2012
Super Lawyer, Super Lawyers
2011
Massachusetts Super Lawyers List, New England Super Lawyers Magazine
2011
Top Women of Law, Massachusetts Lawyers Weekly
2011
Top ERISA Attorney, Fiduciary News
2011
Who's Who of Attorneys in New England, Boston Business Journal
2011
100 Most Influential People in The 401(k) Industry for 2011, 401(k) Wire
2011
Super Lawyer, Super Lawyers
2010
Boston’s Best Lawyers, The Boston Globe and Boston.com
2010
Super Lawyer, Super Lawyers
2010
Top 50 Women Lawyers in New England, New England Super Lawyers Magazine
2010
Massachusetts Super Lawyers List, New England Super Lawyers Magazine
2010
Commissioner’s Award, IRS Tax Exempt & Government Entities Division
2010
100 Most Influential People in The 401(k) Industry for 2010, 401(k) Wire
2009
Super Lawyer, Super Lawyers
2008
Super Lawyer, Super Lawyers
2007
Super Lawyer, Super Lawyers
2006
Super Lawyer, Super Lawyers
2005
Super Lawyer, Super Lawyers
N/A
AV Preeminent Rated, Martindale-Hubbell
Work Experience
1996 - Present
Managing Director, The Wagner Law Group, A Professional Corporation
1900 - Present
Managing Partner, The Wagner Law Group A Professional Corporation
1995 - 1996
Partner, K&L Gates
1993 - 1995
Of Counsel, Powers & Hall
1989 - 1993
Associate, Choate, Hall & Stewart
1987 - 1989
Associate, Bingham, Dana & Gould
1986 - 1987
Teaching Assistant, Harvard Law School
1985 - 1996
Economics Teaching Fellow, Harvard College
1985 - 1986
Economics Teaching Fellow, Harvard College
1983 - 1984
Teaching Assistant, Cornell University
Associations
2010 - Present
Legg Mason Retirement Advisory CouncilMember
2005 - Present
Profit Sharing/401(k) Council of AmericaEditorial Advisory Committee
2005 - Present
Commonwealth InstituteMillion Dollar Circle Member
2004 - Present
Joseph M. Katz School of Business, University of PittsburghAdvisory Council for Foundation for Fiduciary Studies
1999 - Present
Law Firm Partnership & Benefits ReportEditorial Board
1993 - Present
Compensation Planning for Tax Management, Inc.Advisory Board
1992 - Present
Massachusetts Bar AssociationTax Section Council
1992 - Present
IRS Key District Office, Brooklyn, NYPension Liaison Committee
1990 - Present
Boston Bar AssociationERISA/Employee Benefits Law Committee
1990 - Present
American Bar Association Tax SectionEmployee Benefits Committee
Harvard Law School
10th, 15th, 20th and 25th Reunion Committee
2008 - 2008
American College of Employee Benefits CounselFellow
2007 - 2008
National Association of Professional WomenMember
2007 - 2010
IRS Advisory Committee on Tax Exempt and Government EntitiesMember
1993 - 1995
American Arbitration AssociationCouncil of Arbitrators
1993 - 1997
Pension Assistance Project of Gerontology Institute of UMass BostonAdvisory Board
Education
1987
Harvard Law School
JD - Juris Doctor
1984
Cornell University
BA - Bachelor of Arts
1983
London School of Economics and Political Science
N/A
London School of Economics and Political Science
General Course Degree
Speaking Engagements
2015
ERISA Webinar for Strafford Publications, Inc.
ERISA Revenue Sharing Arrangements: Avoiding Plan Asset Status, Complying With Due Diligence Requirements
2014
Webinar for TransAmerica Retirement Solutions
The Do’s, Don’ts and Best Practices for 3(16), 3(21) and 3(38) Fiduciaries
2014
2014
Strategic Pension Services, LLC Advanced Advisor Symposium
Critical Pension Changes from D.C. – What Do You Need to Know?
2014
Speaking Events for HA&W Wealth Management LLC (Atlanta, Georgia)
Enhanced Service Opportunities Related to ERISA Plans
2014
Retirement Alliance Annual Summit (Meredith, New Hampshire)
Critical Pension Changes from D.C. – What Do You Need to Know?
2014
Presentation for John Hancock Financial Services (Salt Lake City, Utah)
Critical Pension Changes from D.C. – What Do You Need to Know?
2014
NAPA 401(k) Summit (New Orleans, Louisiana)
Longevity Planning in Retirement Plans
2014
NAPA 401(k) Summit (New Orleans, Louisiana)
Keynote Address - Legal Panel
2014
Janney Montgomery Retirement Meeting (Baltimore, Maryland)
Critical Pension Changes from D.C. – What Do You Need to Know?
2014
IMCA 2014 - WealthManagement.com
A Conversation with Marcia Wagner at IMCA 2014
2014
ICMAs 2014 Annual Conference (Boston, MA)
What the Next Few Years Hold for 401(k) Plans and Retirement Savings and What It Means for Advisors and Their Clients
2014
Envestnet Retirement Symposium (Chicago, IL)
ERISA Landscape - Plan Sponsor Issues Caring for Participants
2014
CTCPA Employee Benefit Plans Conference (Rocky Hill, Connecticut)
ERISA Compliance and Errors – Top Ten Mistakes
2014
Commonwealth Retirement Symposium (Boston, MA)
Retirement Plan Game Changers: What Advisors Need To Know
2014
Charles Schwab Impact 2014 Conference (Denver, Colorado)
Important Pension Changes – Washington & Regulatory Update
2014
BNA/Bloomberg Tax Advisory Meeting (Washington, DC)
Clouds on the Horizon as ERISA Turns 40
2014
Bloomberg BNA Webinar
Recent ERISA Litigation and Related Title I Issues
2014
2014 CFDD Conference (San Antonio, Texas)
ERISA Compliance & Errors: Top Ten Mistakes From An Auditor/CPA Perspective
2014
2014 CFDD Conference (San Antonio, Texas)
Transformation of Active Management in DC Plans; New Active Investment Solutions
2014
2014 CFDD Conference (San Antonio, Texas)
Participant Advice & The Brokerage Window
2014
2014 CFDD Conference (San Antonio, Texas)
State & Federal Threats to the Private Retirement System
2014
2014 CFDD Conference (San Antonio, Texas)
HSAs & Retirement Plan Advisors: A Legal, Fiduciary & Best Practices Perspective
Publications
2015
Aspen Publishers, 2004 - 2015 editions
Quick Reference to HIPAA Compliance
2015
Bloomberg BNA Tax Management Compensation Planning Journal
Clouds on the Horizon as ERISA Turns 40
2015
PlanAdviser
Continuing Violation
2015
Confero (quarterly publication of Westminster Consulting)
DOL Issues New Guidance on Locating Missing Participants
2015
401(k) Advisor
Nationwide Settlement: One for the Books?
2015
401(k) Advisor
Tussey v. ABB, Inc.: What’s Next?
2015
PlanSponsor
Mortality Table Update
2014
2014
2014
401(k) Advisor
Fiduciary Status for Service Providers
2014
401(k) Advisor
ERISA Accounts and Fiduciary Duties
2014
2014
401(k) Advisor
Will ERISA Be Balkanized?
2014
2014
401(k) Advisor
Offering Longevity Annuities in 401(k) Plans
2014
Investment & Wealth Monitor
The Politics of Retirement: Impending Changes to Private Retirement Plans
2014
2014
PlanAdviser
When ERISA Applies to HSAs
2014
401(k) Advisor
Using Target Date Funds to Provide Lifetime Income
2014
West Services, Inc., 2007 - 2014 editions
Advising Small Businesses: "Qualified Retirement Plans"
2014
2014
Journal of Pension Benefits
ERISA Fee Disclosures: Best Practices for Fiduciaries
2014
BNA Tax Management Portfolio, 2004, 2009, 2010
"EPCRS – Plan Correction and Disqualification"
2014
2014
2014
Practical Law, Employee Benefits & Executive Compensation
Expert Q&A on the Effects of Health Care Reform on Retirement Plans
2014
PlanAdviser
The Tax Reform Act of 2014
2014
401(k) Advisor
Supreme Court to Hear Stock-Drop Case
2014
Practical Compliance and Risk Management for the Securities Industry
How Tax Reform for Retirement Plans Can Affect Risk and Compliance
2014
401(k) Advisor
Compliance Refresher: Fee Disclosures and Comparative Charts
2014
401(k) Advisor
ABB: Affirmed, Reversed, and Vacated
2014
The Practical Law Journal
Expert Q&A on the Effects of Health Care Reform on Retirement Plans
2014
PlanAdviser
Please Respond to This RFP
2013
BNA Tax Management Portfolio
“ERISA-Litigation, Procedure, Preemption and Other Title I Issues”
2012
Editor, WorldatWork.org
Health Care Reform Tool Kit
2012
The National Underwriter Company
The ERISA Fiduciary Compliance Guide
2012
BNA Tax Management Portfolio, 2005
"ERISA-Litigation, Procedure, Preemption and Other Title I Issues"
2008
Bender's Federal Income Taxation of Retirement Plans
Chapter 11: Controlled Groups and Affiliated Service Groups
2008
Bender's Federal Income Taxation of Retirement Plans
Chapter 1: Introduction to Retirement Legislation and Guide to Application: From ERISA to Pension Protection Act
1997
Contributor for ERISA/employee benefits chapters, Clark, Boardman, Callaghan
Labor and Employment Law: Compliance and Litigation
1993
BNA Tax Management Portfolio
"Plan Disqualification and ERISA Litigation"
Languages
English