Erwin D. Kratz
Attorney – Partner
Erwin D. Kratz
Tucson Direct: (520) 245-8864
Phoenix Office: (602) 282-0313
E-mail: EKratz@ERISABenefitsLaw.com
Erwin Kratz practices exclusively in the areas of ERISA and employee benefits law, focusing on tax and regulatory matters relating to qualified and nonqualified deferred compensation and welfare benefits. After fifteen years with a 190 lawyer regional firm, Erwin founded ERISA Benefits Law Group in 2016 to pursue the dream of fully employing the tools provided by the information technology revolution to improve client service while reducing the cost of legal services.
Erwin regularly advises employers with both unionized and non-unionized workforces with respect to the design and administration of their qualified defined benefit retirement plans and qualified defined contribution retirement plans. In this regard, he has recent experience managing numerous and complex IRS voluntary corrections, handling DOL investigations of large qualified defined benefit plans covering unionized employees, and designing and implementing both “soft” and “hard” defined benefit plan freezes. He also has significant experience designing and amending tax efficient executive compensation and nonqualified deferred compensation arrangements for both public and non-public employers.
Erwin regularly assists employers in complying with the tax and regulatory rules applicable to their welfare benefit plans, including the Affordable Care Act, HIPAA, COBRA, and Section 125 cafeteria plans. He also has significant experience assisting companies to establish and implement ERISA-compliant severance plans in connection with reductions in force.
Erwin and Kristi bring a team approach to each client and each matter, allowing us to apply the necessary knowledge and experience to solve clients’ ERISA and employee benefits-related legal issues as efficiently and effectively as possible.
Erwin is a co-founder of ERISA Benefits Tech, the firm’s technology affiliate, which offers AI research tools for benefits professionals. He is also the primary author of the ERISA Benefits Law Desk Reference, the knowledge base of the federal law of employee benefit plans that those tools are built on.
When he is not working, Erwin enjoys swimming for exercise and traveling to foreign countries with his wife and family.
Education and Recognition
- J.D., magna cum laude, Order of the Coif, University of Arizona, 1999
- M.S., University of Arizona, 1991
- B.S., Southern Illinois University at Carbondale, 1987
- AV® preeminent™ peer review rated (the highest rating available), by Martindale-Hubbell
- Best Lawyers in America®, employee benefits (ERISA) law, 2010-2026
- Best Lawyers in America®, lawyer of the year, employee benefits (ERISA) law, 2013, 2015
- Chambers USA, leading lawyers for business, 2009-2026
- Southwest Super Lawyers, 2021 – 2026
Admissions and Community Activities
- Member, State Bar of Arizona (1999)
- Member, Board of Trustees, San Miguel High School (2021-2025)
- Member, Board of Directors, Western Pension and Benefits Council– Phoenix Chapter (2008-2010)
- Member, Board of Trustees, Tucson Symphony Orchestra (2006-2012), President-elect (2007-2009); President (2009-2011)
- Member, Steven W. Phillips Tucson Tax Study Group (2016-present)
Representative Clients and Experience
Advises BlueCross Blue Shield of Arizona, a state-wide health insurer with more than 1,500 employees with respect to all of their employee benefits matters, including preparing plan documents, amendments, summary plan descriptions and employee communications.
Counsels Robson Communities, Inc., a retirement community developer with seven retirement communities in Arizona and Texas with respect to the ongoing maintenance of its multiple employer qualified defined contribution plan. The plan covers the employees of multiple related operational organizations, both within and outside of the plan sponsor’s control group of corporations.
Advises Southwest Airlines with respect to its welfare benefit plans.
Significant recent experience preparing Code Section 457(b) and 457(f) Plans for non-profit entities, and correcting errors in the documentation and administration of these plans.
Regularly analyzes, and prepares voluntary correction applications under the IRS Employee Plans Compliance Resolution System.
Assisted a publicly traded space imaging company with offices in Virginia, Colorado, Missouri, Kansas and Oklahoma with the merger of a qualified plan from an acquired entity with their existing plan.
Represented a publicly traded international copper mining company headquartered in Canada with respect to preparing amendments to its nonqualified deferred compensation plans to comply with Code Section 409A. Assisted the company when it experienced a change in control, with respect to the timing and form of payments under the plans.
Represented an international emergency medical response company with respect to its executive compensation arrangements, including preparing amendments to comply with Code Section 409A and advice regarding vesting provisions and payment under the arrangements.
Assisted numerous diverse entities to establish and implement ERISA-compliant severance plans in connection with reductions in force.
Articles and Presentations
- The Top Ten Things Every Lawyer Should Know About ERISA, Pima County Bar Association, June 2, 2017
- Bumps in the road to implementing the Cadillac tax – issues, solutions and unresolved questions, Western Pension & Benefits Council, October, 8, 2015
- Preparing for welfare benefit plan audits, Society for Human Resource Management of greater Tucson employment law update, April 8, 2015
- Dividing assets from an employer-sponsored retirement plan in a divorce, Inside Tucson Business, March 27, 2015
- 10 things you need to know about Obamacare’s employer health mandate, HR Compliance Library, February 4, 2015
- Employer healthcare mandate means business in 2015, Northern Nevada Business Weekly, January 5, 2015
Recent Client Alerts
- The Plaintiffs’ Bar Has AI, Too, Client Alert, June 29, 2026
- DOL Proposes New Safe Harbor for Investment Selection, Client Alert, April 27, 2026
- Department of Labor Adds Self-Correction to Voluntary Fiduciary Correction Program, Client Alert, January 27, 2025
- IRS Announces COLA Adjusted Retirement Plan Limitations for 2025, Client Alert, November 12, 2024
- IRS Announces COLA Adjusted Retirement Plan Limitations for 2024, Client Alert, November 2, 2023
- ARPA Includes Voluntary Extension and Expansion of FFCRA Paid Leave, Client Alert, March 29, 2021
- Families First Coronavirus Response Act Paid Leave – Voluntary Extension Through March 31, 2021, Client Alert, January 4, 2021
- DOL Issues Revised FFCRA Leave Regulations in Response to Court Decision, Client Alert, September 14, 2020
- IRS Announces 2021 HSA Contribution Limits, HDHP Minimum Deductibles and HDHP Maximum Out-of-Pocket Amounts, Client Alert, June 2, 2020
- DOL Final Rule Facilitates Retirement Plan Electronic Disclosures, Client Alert, May 28, 2020
