For more than 35 years, John McKendry Jr. has practiced employee benefits law. "This area of the law never stands still," he says. "The challenge for me continues to be to discover and fit the most tax beneficial plan to our clients' objectives and then get the best bargain for third-party services, all while making sure clients' are protected from liability." 

Representative Experience

  • Led efforts to transition public and private sector clients to cap health care costs and cope with health care reform legislation through the use of defined contribution health care plans, cafeteria plans, and pretax arrangements utilizing public and private exchanges
  • Prepared and supervised Request for Proposals for 401(k) and cash balance plans and retirement plan services resulting in  acceptance of  fiduciary liability by the investment adviser and provides an annual reduction of greater than $250,000 in fees to the Plan and its participants
  • Represented a pension trustee in avoiding criminal and ERISA civil and fiduciary liability for investment with Bernard Madoff
  • Assisted employers in eliminating retiree health care liability through the creation and qualification of tax exempt, IRC 501(c)(9) Voluntary Employee Beneficiary Associations
  • Led client and industry groups in drafting and implementing proposed and final regulation compliant 403(b) and 457 plan and funding documents and ancillary provider and agent service and recordkeeping agreements
  • Drafted and obtained approval of the first 401(k) master and prototype plan in the United States for financial services industry clients
  • Provides recurring training and advice to financial services providers, third party administrators, accountants and auditors
  • Secured initial private letter rulings assuring favorable tax treatment of self insured health care and fringe benefit plans
  • Designated and implemented numerous nonqualified deferred compensation arrangements for private sector, governmental and tax exempt employers assuring compliance with IRC § 61,409A and 457(f) requirements and obtaining substantial employment and income tax deferral and savings
  • Regularly represents private and public sector, accounting, closely held, distribution, financial services, family office, manufacturing, multiple employer, multi-employer professional services, school district, college and university, and local governmental clients in the design of plans and for the engagement and provision of investment, fiduciary, recordkeeping and administrative services including negotiation of agreements securing providers fiduciary status, appropriate standards of care, and reasonable fee arrangements for employee benefit plans (including defined benefit, traditional and cash balance defined contribution, deferred compensation, 401(k), 403(b), and 457 plans, section 125/flexible benefits/cafeteria, health care and other fringe benefit plans)

Honors and Awards

  • Best Lawyers in America, Employee Benefits (ERISA) Law, 1995-Present
  • Listed in Who’s Who in American Law, Who’s Who in America, and Who’s Who Among American Teachers
  • Named to Michigan Super Lawyers 2006-Present
  • Rated a leader in the field of employee benefits and acknowledged for his expertise with pension plans in Michigan by Chambers USA 2006-Present
  • Received the Muskegon Jaycees' Distinguished Service Award, 1981
  • Selected as one of five Outstanding Young Men in Michigan, 1982

Bar Associations

  • American Bar Association
  • State Bar of Michigan
    Life Fellow (1998-Present)
  • Muskegon County Bar Association
    President (1996-97)

Teaching and Lecturing

  • Adjunct Professor, Employee Benefits at Grand Valley State University (1986-Present)
  • Instructor, Muskegon Community College (1998-2002)
  • Specialist in and frequent speaker and author on employee benefits law for trade and professional associations, including Institute of Continuing Legal Education (Michigan), Michigan Association of Certified Public Accountants, Certified Employee Benefits Specialists, Michigan Medical Group Management Association, Michigan School Business Officials, and Employers Association of West Michigan
  • "Retirement and Fringe Benefit Update," West Michigan Tax Symposium, MACPA and GVSU, November 29, 2011, Grand Rapids, Michigan
  • "Health Care Cost Issues, Hard Caps, Cafeteria Plans, Additional Cost Increases and Provider Issues for Schools, Colleges and Universities," Northwest Michigan School Business officials, November 18, 2011, Traverse City, Michigan
  • "The Painless Audit:  Prevention & Survival," WNJ Human Resources Seminar, March 25, 2011, Grand Rapids, Michigan

Languages

  • ASL American Sign Language

Publications

  • Current Retirement, Deferred Compensation and Fringe Benefit Plan Developments

Professional Affiliations

  • Muskegon Chamber of Commerce

Community Affiliations

  • American Cancer Society
    Muskegon County Unit, Past President (1979) and Past Board Member (1978-81)
  • Catholic Social Services
    Board Member (1998-04)
  • Deaf Hard of Hearing Connection
    Founder, Chairman Board of Directors (2003-09)
  • Michigan Interscholastic Forensic Association
    Past Director (1982-86); Counsel (1975-2009)
  • Miss Michigan Pageant
    Miss Michigan Interview Coach (2006-Present); State pageant judge (2008); Judge local pageants (2008-Present)
  • Mona Shores Public Schools
    Chair Blue Ribbon Commission (1984); Chair, Millage Campaign (1992); Founder, Education Foundation (1994); Director/Assistant Director of Debate (1975-90, 1999-02) - Seven-time State champions
  • Mercy Health Partners - Life Counseling
    Treasurer (2008-10); Board Member (2006-Present)
  • Mona Lake Watershed Council
    Board of Directors (2003-05); Counsel (2003-Present)
  • Norton Shores Charter Commission
    Chair (2003-05)
  • St. Francis deSales Parish
    Lector (1978-Present); Lector Coordinator (1998-06); Bible Study Instructor (2012-Present)
  • United Way of West Michigan
    Chairman, Professional Division (1994, 1998)
  • West Michigan Symphony
    President (1997-99); Vice President (1995-97); Board of Directors (1993-00)

News

Events

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