Erwin D. Kratz

Erwin 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.

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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.

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