Stephen M Chittenden

Michael Chittenden practices in the area of employee benefits and executive and deferred compensation arrangements. Within these areas, he has assisted clients with respect to a broad range of issues, including tax-qualified plan drafting and operational issues, compliance with Internal Revenue Code Section 409A, equity compensation, fringe benefits, payroll taxes, and health and welfare benefits.

In his practice, Mr. Chittenden has advised clients on a variety of operational issues including the preparation of qualified domestic relations orders procedures, investment policies, and determination letter applications, reviewing domestic relations orders for qualification issues, 401(h) accounts, and the Code and ERISA requirements for defined benefit plan freezes and terminations. In addition, Mr. Chittenden has drafted a number of plan amendments and restatements. He has also successfully responded to issues raised by the IRS in an audit of a profit sharing plan and developed and implemented successful operational and plan document corrections through the Employee Plans Compliance Resolution System.

Mr. Chittenden has experience working with non-qualified plans and welfare benefit plans. He has drafted change-in-control plans and executive retention plans adopted as part of corporate acquisitions. In addition, he has advised clients on payroll tax withholding requirements and planning opportunities related to non-qualified plans. He has advised clients on compliance with or avoidance of the requirements of Code Section 409A. Mr. Chittenden has advised multiple clients on the termination or substantial modification of their retiree medical benefits. He has also counseled clients on issues related to welfare plan communications, non-discrimination testing for dependent care and other welfare plans, and requirements relating to health reform law.

Mr. Chittenden has also been actively engaged in shaping employee benefits policy. He previously served as the Director of Retirement Legislation & Regulation at The ERISA Industry Committee (ERIC), a national trade association that represents the interests of large employers on employee benefits and compensation issues. In his role at ERIC, Mr. Chittenden engaged relevant Congressional committees and regulatory agencies across a diverse range of retirement-related issues, including cash balance plans, Pension Protection Act (PPA) funding and benefit restriction regulations, proposed PPA hybrid plan regulations, qualified and eligible automatic contribution arrangements, fee disclosure litigation, legislation, and regulation, and Congressional efforts to impose new limitations on nonqualified deferred compensation.

Mr. Chittenden came to Miller & Chevalier from Covington & Burling LLP, where he was an associate in the Employee Benefits and Executive Compensation group.