Stephen L. Ferszt
Top rated Employee Benefits attorney in New York, New York
Olshan Frome Wolosky LLP
Practice areas: Employee Benefits, Estate Planning & Probate, Tax
Licensed in New York since: 1986
Education: Yeshiva University Benjamin N. Cardozo School of Law
Olshan Frome Wolosky LLP
1325 Avenue of the Americas15th Floor
New York, NY 10019 Phone: 212-451-2229 Email: Stephen L. Ferszt Visit website
Stephen Ferszt guides businesses and high-net-worth individuals through the complexities of employee benefits, ERISA and executive compensation issues. He also advises on tax, estate and family and business succession planning. Steve chairs Olshan’s Employee Benefits Practice and is a member of the Employment and Tax & Personal Planning Practices.
With a nuanced understanding of ERISA and employee benefits matters, Steve advises on the design, implementation and administration of qualified and nonqualified benefit plans as well as welfare benefit plans. These include defined benefit, defined contribution, 401K retirement, and welfare benefit and cafeteria plans, as well as multiemployer and multiple employer plans, and multiple employer welfare arrangements (MEWAs). He also advises on and negotiates executive compensation, incentive, retention, and severance packages and provides guidance to corporations and executives in change-of-control situations including company mergers, acquisitions, restructurings and dispositions. He excels in maximizing tax efficiencies and avoiding tax penalties.
Clients rely on Steve’s astute advice on estate and business succession planning, wealth preservation, and transfer strategies, as well as on their responsibilities as estate fiduciaries. He helps clients maximize their estates and ensure smooth business transitions and personal wealth transfers while limiting tax exposure. Clients benefit from Steve’s deep knowledge and rare ability to advise at the intersection of estate, compensation, benefits, business and tax to meet their immediate needs and ensure they are well-positioned for the future.
Knowing how complex ERISA and tax matters are, Steve reviews and distills technical regulatory procedures for clients and establishes a clear plan so clients feel confident and empowered in making decisions. He advises on parachute payments, accelerated compensation issues, 409A, withdrawal liability, and a host of other issues. As rules and regulations governing compensation arrangements change, Steve keeps his clients informed, ensures their compliance, and helps them avoid costly missteps.
In addition to advising clients, Steve represents them before the Internal Revenue Service, the U.S. Department of Labor, the Pension Benefit Guaranty Corporation, and various state agencies. He advises boards of directors, companies and plan fiduciaries on plan administration matters, including voluntary compliance initiatives with the IRS, the U.S. Department of the Treasury, and the U.S. Department of Labor, where he has obtained numerous correction resolutions for his clients. He also assists clients in securing private letter rulings from the IRS.
As Chairman of the IRS Advisory Committee on Tax Exempt and Government Entities (ACT), Steve provided the IRS with direct input on the development and implementation of IRS policy. He knows how the IRS and Treasury Department operate and leverages that knowledge and his experience to resolve matters quickly and favorably for his clients.
A recognized authority in his fields, Steve is a sought-after speaker at industry conferences and events covering issues and trends for attorneys, accountants, third-party administrators, and other pension and tax professionals. He frequently lectures for the New Jersey Institute of Continuing Legal Education, the New Jersey State Bar Association, and other associations.
First Admitted: 1986, New York
Professional Webpage: http://www.olshanlaw.com/attorneys-Stephen-Ferszt.html
Bar / Professional Activity
- Past Chair, Advisory Committee on Tax Exempt and Government Entities (ACT) of the Internal Revenue Service, 2012-2014
- American College of Trust and Estate Counsel (ACTEC), Employee Benefits in Estate Planning Committee, 2023-2024
- American Bar Association
- IRS Northeast Area Pension Liaison Group
- Legal Advisory Board Member, Small Business Council of America
- New Jersey State Bar Association, Executive Council of the Taxation Law Section
- Past Chair, Taxation Law Section, New Jersey State Bar Association
- Past Chair, Employee Benefits Committee, New Jersey State Bar Association
- New York State Bar Association, Tax Section
Transactions
- Assisting numerous employers in designing, drafting and implementing qualified and nonqualified retirement plans, for public and nonpublicly held companies, including equity-based compensation plans, nonqualified deferred-compensation arrangements, supplemental executive retirement plans, and change-in-control agreements.
- Advising pension, 401(k) and ESOP fiduciaries in proper documentary and operational compliance with applicable Internal Revenue Code and ERISA regulatory guidance.
- Representing plan sponsors in IRS, U.S. Department of Labor and Pension Benefit Guaranty Corporation (PBGC) audits and investigations.
- Advising various hospital systems throughout the U.S. in managing distressed defined-benefit pension plans before the Pension Benefit Guaranty Corporation (PBGC) and the Internal Revenue Service (IRS), including ultimate distressed termination proceedings.
- Advising C suite executives in the implementation and operation of various equity- and nonequity-based compensation programs including golden parachute issues, 280G shareholder voting, due diligence matters, and implementation of post-transaction compensation and benefits.
- Counseling plan sponsors on compliance matters, IRS determination letter requests, and voluntary compliance matters under the IRS Employee Plans Compliance System (EPCRS) and U.S. Department of Labor Voluntary Fiduciary Correction Program (VFCP) and Delinquent Filer Voluntary Correction Program (DFVCP).
- Representing employers in withdrawal liability matters including MPPAA arbitrations.
- Advising companies on 409A (deferred compensation), 280G (golden parachute payments) and 162(m) (compensation deduction limitations) matters.
- Negotiating and advising on executive severance programs, employment agreements.
- Advising clients on Affordable Care Act (ACA), COBRA, and HIPAA reporting and compliance matters.
- Represented employers through a Department of Labor investigation of their 401(k) plans.
- Represented the plan sponsor of a large defined-benefit pension plan in a Pension Benefit Guaranty Corporation (PBGC) audit and investigation.
Educational Background
- J.D., Benjamin N. Cardozo School of Law, Yeshiva University,
- B.A., Boston University Psi Chi Honor Society
Scholarly Lectures / Writings
- Olshan Employee Benefits and Tax & Personal Planning partner Stephen Ferszt authored an article in New York Law Journal entitled “Considerations for Ultra High Net Worth Couples' Estate Planning.” In the article, Steve highlights the recent celebrity engagement of musician Taylor Swift and athlete Travis Kelce, informing readers of the complex financial state that occurs when two ultra-high net worth (UHNW) individuals get married. These couples must have a team of estate planning attorneys, financial advisors, and accountants to ensure that their funds are protected and properly managed. “To facilitate gift-making where the individuals have not used up the increased exemption amounts, they might consider utilizing Grantor Retained Annuity Trusts (GRAT),” Steve advises. “GRATs are irrevocable trusts to which the grantor transfers assets and receives fixed annuity payments for a set term.” Trusts are commonly used in estate planning due to the blend of privacy and control. UHNW individuals can protect sensitive information while implementing their financial strategies. Aside from trusts, Steve notes, “To preserve business interests, such couples should take a closer look at their business succession planning and philanthropic strategies. UHNW individuals having significant business assets often look to establish certain entities to hold and manage family business assets. In many cases, donors can gift such business interests to heirs as a way to transfer wealth while also retaining control of the business.”, Author, Considerations for Ultra High Net Worth Couples' Estate Planning, New York Law Journal, 2025
- Olshan Employee Benefits and Tax & Personal Planning partner Stephen Ferszt authored an article in New York Law Journal entitled “Strategic Estate Planning Before 2026 BEA Change Can Protect Taxpayer Assets from Gift and Estate Tax.” The article details strategic estate planning ahead of the 2026 Basic Exclusion Amount (BEA) changes. An overview is provided of how taxpayers, especially those in New York, can protect their assets from gift and estate taxes. It explains, “In 2017, Congress enacted the Tax Cuts and Jobs Act (“TCJA”), which doubled the estate and gift tax exemption. Due to Congressional cost requirements, this increase is set to expire on January 1, 2026, reverting to pre-TCJA levels, indexed for inflation.” For 2024, the BEA is $13.61 million for individuals and $27.22 million for married couples – a reduction from the 2017 increase. What does this mean for taxpayers? “Determining whether gifting today is beneficial requires careful consideration of broader financial objectives. For instance, young taxpayers should ensure that gifting does not deplete their assets. Similarly, retirees must strike a balance between strategic gifting and securing sufficient resources for retirement,” they write. The piece further delves into the Generation-Skipping Transfer (GST) tax, designed to prevent avoidance of estate taxes by transferring assets directly to individuals who are a generation below their children. The GST Tax exemption is equal to the BEA and was similarly increased for the years 2018 through 2025. , Author, Strategic Estate Planning Before 2026 BEA Change Can Protect Taxpayer Assets from Gift and Estate Tax, New York Law Journal, 2024
- Olshan Employee Benefits and Tax & Personal Planning partner Stephen Ferszt authored an article in HR Daily Advisor entitled “How Successful Hedge Fund HR Teams Revamp Compensation for Non-Equity Employees.” In the article, Steve examines the measures hedge fund HR teams are taking to attract and retain non-equity and support staff, such as analysts, associates, compliance officers, IT specialists, custodial staff, data technicians and more. Although these employees are often given structured pay that includes a base salary, performance bonuses, profit-sharing arrangements, discretionary awards, deferred pay and retention bonuses, the design, implementation and administration of compensation and benefits can be better maximized and protected with legal guidance. “Providing employees with modest profit-sharing or shadow equity participation enhances loyalty,” Steve explains. “Shadow equity mirrors the growth value of real equity without conferring actual ownership or voting rights. This enables firms to reward employees based on enterprise value creation without diluting equity owners’ control. Some firms offer revenue-sharing pools or discretionary contributions to employee stock plans or 401(k) accounts as alternatives.” Employee retention is another major concern, as non-equity workers are prone to leaving firms due to factors such as limited career advancement opportunities within the industry and lower compensation. Hedge funds can work to improve their human resources best practices by conducting annual compensation assessments and facilitating cross-disciplinary training so that staff can feel and be more engaged. Hedge funds can also increase retention by prioritizing cultural inclusion. "Leading firms embed inclusivity into incentive structures by recognizing the contributions of departments such as compliance, technology, and administration,” Steve notes. “As regulatory scrutiny increases and the talent market becomes more competitive, hedge funds must treat compensation at all levels as a strategic investment in stability and success.”, Author, How Successful Hedge Fund HR Teams Revamp Compensation for Non-Equity Employees, HR Daily Advisor, 2025
- Olshan Employee Benefits and Tax & Personal Planning partner Stephen Ferszt authored an article in Bloomberg Tax entitled “Failing to Update Beneficiary Tax Forms Can Lead to Legal Battles.” The article concerns recent federal court rulings that underscore the importance of maintaining up-to-date beneficiary designations for retirement plans, life insurance and other financial accounts. Failure to review and update these designations—particularly after major life changes like marriage, divorce or the death of a loved one—can result in unintended outcomes and legal disputes. “Regular review and updates to beneficiary designations, especially after major life events, is essential. Following a plan’s specific procedures for designating or changing beneficiaries is imperative. Consulting with legal and financial professionals can ensure beneficiary designations align with overall estate planning goals,” Steve explains. These cases serve as a cautionary tale about the critical yet frequently neglected task of keeping beneficiary designations current., Author, Failing to Update Beneficiary Tax Forms Can Lead to Legal Battles, Bloomberg Tax, 2024
- Olshan Employee Benefits and Tax & Personal Planning partner Stephen Ferszt authored an article in New York Law Journal entitled “Courts Reiterate: Beneficiary Designation Review Is Critical for Estate and Retirement Planning.” The article details the importance of updating beneficiary designations for employer-sponsored retirement plans, deferred compensation arrangements and group life insurance policy documents. Updating beneficiary designations is often ignored in the wake of significant life events such as marriage, divorce, the birth of a child or even the death of a loved one. The article cites a particular case where, after a romantic relationship ended, the policyholder never updated his forms to remove his onetime-girlfriend, who became the sole beneficiary years later upon the policyholder’s death. “These cases underscore the critical, yet frequently overlooked, importance of regularly reviewing and updating beneficiary designations,” the authors write. “Remedies such as the imposition of a constructive trust or enforcement of divorce order may be available but can only be sought after the proceeds have been distributed by a plan administrator to the designated beneficiary—and through what may likely be a costly and lengthy court battle.” To avoid such circumstances, they recommend keeping beneficiary designations current. It is crucial to consult financial and legal professionals as part of this process to properly and preemptively think through your own estate planning: “Adhering to the specific procedures set forth in the plan for designating or changing beneficiaries is not just a formality, but an essential step in ensuring that your assets are distributed according to your wishes.”, Author, Courts Reiterate: Beneficiary Designation Review Is Critical for Estate and Retirement Planning, New York Law Journal, 2024
Honors
- Named to the New York Metro Super Lawyers list, New York Metro Super Lawyers
- Consistently recognized for Employee Benefits (ERISA) Law/Trusts and Estates since 2007, The Best Lawyers in America®
- Among the “Top Lawyers” for Employee Benefits and Trusts and Estates Law, New York magazine
- 5.0/5.0 Peer Rated for Highest Level of Professional Excellence, Martindale-Hubbell AV Preeminent®
- Awarded for representation of George Feldenkreis in his nomination of directors and successful unsolicited acquisition of Perry Ellis, “Deal of the Year” and “Activist Campaign of the Year”, The Deal
- PSI CHI Honor Society
Selections
- Super Lawyers: 2009, 2013 - 2026