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Wade D. Clark Partner

Wade primarily advises clients on employee benefit arrangements including plan governance and fiduciary compliance issues.  He works closely with various companies and government entities in the development, implementation, administration, merger and termination of qualified retirement plans, welfare plans, cafeteria plans and VEBAs.  Wade also provides counsel on matters regarding prohibited transactions, IRS and DOL correction programs and CMS, DOL and IRS audits.

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216.622.8389
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Recent examples of his services include:

  • Obtained favorable compliance statement in anonymous submission under the Employee Plans Compliance Resolution System of the Internal Revenue Service permitting forfeitures not administered in accordance with plan provisions to be transferred and used in another plan sponsored by a different employer in the same controlled group.
  • Assisted client in responding to DOL claims that shares released upon loan payments made for leveraged ESOP were improperly allocated. Claims were dropped and no penalties were assessed.
  • Assisted client in preparing responses for CMS audit regarding use of ERRP proceeds.
  • Prepared loan documents for employer lending monies to VEBA funding collectively bargained group health plans.
  • Obtained favorable compliance statement in anonymous submission under the Employee Plans Compliance Resolution System of the Internal Revenue Service for pension plan documents not amended or restated since 1976.
  • Amend plan and prepared related documents to implement employer group waiver plan.
  • Review and develop use for funds held in insurer’s reserve deposit account for life insurance benefits without tax under Internal Revenue Code Section 4976.

Wade frequently speaks on legal requirements regarding welfare plans including new requirements for group health plans and wellness programs under the Affordable Care Act. He recently authored an article entitled “Five Costly Compliance Risks under the Affordable Care Act” for Corporate Compliance Insights.

Wade is a member of the Worldwide Employee Benefits Network. He served as a trust officer with Bank One before becoming a vice president and trust officer with FirstMerit Bank from 1987 to 1997, during which time he was the manager of the employee benefits trust area.

Wade joined Calfee in 1997 and became a partner in 2008. He has been recognized as one of America’s Leading Lawyers by Chambers USA.