Robert Projansky

Robert M. Projansky is a partner in Proskauer’s Employee Benefits & Executive Compensation Group, head of the Health Care Reform Task Force and co-head of the Hiring & Terminations Group.

Rob has a broad practice advising both multiemployer and single employer clients on all issues related to the legal compliance and tax-qualification of ERISA-covered pension and welfare plans. Rob’s clients include the largest and highest-profile U.S. media and entertainment industry clients, as well as a broad range of Fortune 500 companies.

Firm/Organization: Proskauer Rose LLP

Blogs: Corporate Defense and Disputes, Employee Benefits & Executive Compensation Blog, Law and the Workplace

Latest Articles

Employee Benefits & Executive Compensation Blog

[Podcast]: Texas Judge Declares Affordable Care Act Unconstitutional

By Robert Projansky & Katrina McCann on December 19, 2018

In this episode of the Proskauer Benefits Brief, partner Robert Projansky and associate Katrina McCann discuss the recent district court case, Texas et al. v. The United States of America, which declared the Affordable Care Act (ACA) unconstitutional. On December 14, 2018, a district court judge in the Northern District of Texas deemed the entirety of the Affordable Care Act invalid because he found the individual mandate to be unconstitutional. From what would happen to the…

Employee Benefits & Executive Compensation Blog

District Court Declares Entire Affordable Care Act Unconstitutional – What It Means for Employers and Plan Sponsors

By Robert Projansky, Paul M. Hamburger & Damian A. Myers on December 17, 2018

U.S. Healthcare Insurance Medical Cost, Patient Protection and Affordable Care Act Manual Book

In a surprising turn of events, on Friday, December 14th, a district court judge in the Northern District of Texas declared that the Affordable Care Act’s (“ACA”) individual mandate is unconstitutional and that, a result, the entire ACA is invalid. Although the ACA remains in effect for the time being and an immediate appeal to the 5th Circuit is a near certainty, the decision, if upheld, could be expected to have a significant impact on…

Employee Benefits & Executive Compensation Blog

[Podcast]: QDROs in 10 Easy Steps

By Robert Projansky & Paul M. Hamburger on August 1, 2018

In this episode of the Proskauer Benefits Brief, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, and partner Robert Projansky discuss ten basic steps for how to manage qualified domestic relations orders (QDROs). A QDRO is a judgment, decree or order for a retirement plan to pay child support, alimony or marital property rights to a spouse, former spouse, child or other dependent of a participant. Many of our clients and…

Employee Benefits & Executive Compensation Blog

[Podcast]: Severance Pay Plans & ERISA

By Anthony Cacace & Robert Projansky on February 20, 2018

In a benefits law edition of The Proskauer Brief, senior counsel Anthony Cacace and partner Robert Projansky discuss how severance plans can be subject to ERISA. They also discuss the key advantages of having severance pay arrangements covered by ERISA and what employers can do to design plans that comply with the substantive and procedural requirements of ERISA, but also maximize the likelihood of benefiting from ERISA coverage. Whether a severance plan or arrangement is…

Law and the Workplace

[Podcast]: Severance Pay Plans & ERISA

By Anthony Cacace & Robert Projansky on February 16, 2018

In this benefits law edition of The Proskauer Brief, senior counsel Anthony Cacace and partner Robert Projansky discuss how severance plans can be subject to ERISA. We will discuss the key advantages of having severance pay arrangements covered by ERISA and what employers can do to design plans that comply with the substantive and procedural requirements of ERISA, but also maximize the likelihood of benefiting from ERISA coverage. Whether a severance plan or arrangement is…

Employee Benefits & Executive Compensation Blog

IRS Once Again Extends Distribution (Not Filing) Deadline for ACA Reporting and Continues Good Faith Standard

By Robert Projansky & David Myers on January 2, 2018

Following the old “better late than never” axiom, the IRS recently announced (see Notice 2018-06) that once again it would be extending the distribution (but not filing) deadline for the Affordable Care Act (ACA) reporting requirements set forth in Sections 6055 and 6056 of the Internal Revenue Code (the “Code”). Under Code Section 6055, health coverage providers are required to file with the IRS, and distribute to covered individuals, forms showing the months in…

Employee Benefits & Executive Compensation Blog

The Time is Right to Contact Recordkeepers About Hardship Substantiation

By Robert Projansky & Seth Safra on May 23, 2017

If your 401(k) plan recordkeeper has not talked to your company lately about hardship distributions, it may be time to reach out to the recordkeeper. The short story is that the IRS recently issued an internal memorandum (found here https://www.irs.gov/pub/foia/ig/spder/tege-04-0217-0008.pdf) providing guidance to its employee plans examination group on the substantiation requirements for hardship distributions from a section 401(k) plan. While this is not binding on the IRS as a statement of the law,…

Employee Benefits & Executive Compensation Blog

Protecting Your Qualified Retirement Plan Now that the IRS Determination Program is (Mostly) Closed

By Paul M. Hamburger, Cullan E. Jones, Robert Projansky, Seth Safra & Steven Weinstein on May 3, 2017

A lot has been written over the last few months about what to do now that the IRS has closed its determination letter program for ongoing individually designed tax-qualified retirement plans. Some see this as cause for celebration because we no longer have to go through the trouble of collecting documents, filling out forms, and negotiating with the IRS over renewals of qualification determinations. Another “positive” result of the IRS position is that existing determination…

Employee Benefits & Executive Compensation Blog

Election Results Likely to Result in the End of the ACA as We Know It, But Employers and Plan Sponsors Should Stay the Course for Now

By Robert Projansky, Steven Weinstein & David Myers on November 10, 2016

Over the past five years or so, Republican Congressmen have repeatedly taken steps to repeal President Obama’s landmark legislative effort – the Patient Protection and Affordable Care Act (the “ACA”). However, those efforts either failed to advance in Congress or were vetoed by President Obama. Tuesday’s Presidential and Congressional election, in which Donald Trump was elected President and Republicans maintained a Congressional majority in both houses, puts the future of the ACA in jeopardy. Indeed,…

Corporate Defense and Disputes

U.S. DOL Issues Final Rule Defining Fiduciary Investment Advice

By Russell Hirschhorn, Robert Projansky, Ira G. Bogner & David Picon on April 6, 2016

Today, the U.S. Department of Labor released its highly-anticipated Final Rule and Exemptions addressing when a person providing investment advice with respect to an employee benefit plan or individual retirement account is considered to be a fiduciary under the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code. The new rule is expected to have significant consequences for broker-dealers and other financial professionals working with retirement accounts. Click here to read the…

Robert Projansky

[Podcast]: Texas Judge Declares Affordable Care Act Unconstitutional

District Court Declares Entire Affordable Care Act Unconstitutional – What It Means for Employers and Plan Sponsors

[Podcast]: QDROs in 10 Easy Steps

[Podcast]: Severance Pay Plans & ERISA

[Podcast]: Severance Pay Plans & ERISA

IRS Once Again Extends Distribution (Not Filing) Deadline for ACA Reporting and Continues Good Faith Standard

The Time is Right to Contact Recordkeepers About Hardship Substantiation

Protecting Your Qualified Retirement Plan Now that the IRS Determination Program is (Mostly) Closed

Election Results Likely to Result in the End of the ACA as We Know It, But Employers and Plan Sponsors Should Stay the Course for Now

U.S. DOL Issues Final Rule Defining Fiduciary Investment Advice

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