Associate General Counsel

Bon Secours Mercy Health

4d • $230,000 - $332,000 • Remote

About The Position

Provides legal services for the benefit of Bon Secours Mercy Health (BSMH) and its affiliated entities located in the United States and abroad, with a specialized focus on employee benefits, executive benefits, executive compensation and related regulatory, transactional, governance and litigation matters. The Associate General Counsel Serves as the principal legal advisor and subject matter expert for employee benefits, executive compensation, executive benefits, and fiduciary governance matters across BSMH and advises on applicable laws, regulations and risk considerations, including ERISA, the Internal Revenue Code, Department of Labor guidance, Affordable Care Act requirements, COBRA, church plan issues and executive compensation rules. This position serves as legal counsel to Human Resources, Finance, Compliance, governance committees and other business stakeholders. Responsibility for operational administration, compliance monitoring, corrective action implementation and plan operations remains with the applicable business, Human Resources, Finance and Compliance functions.

Requirements

• Law license in good standing and admission to practice law in at least one U.S. jurisdiction (required).
• Juris Doctor degree from an accredited U.S. law school (required).
• Ten (10) years of relevant legal experience (required).
• Ten (10) years of employee benefits, executive compensation, Human Resources, ERISA, tax or related regulatory experience (required).
• Experience advising complex health systems, hospitals, nonprofit organizations, church plans or large multi-entity employers on benefit plan, executive benefits, executive compensation or Human Resources matters (required).

Nice To Haves

• Eligibility for registration or admission as in-house counsel in applicable jurisdiction, if required by state law or BSMH policy (required).
• Experience managing outside counsel, vendors, audits, compliance corrections, litigation or significant legal projects (preferred).
• Continuing Legal Education in employee benefits, executive compensation, ERISA, tax, healthcare law, compliance or Human Resources legal issues (preferred).
• Training in fiduciary governance, benefit plan administration, compliance correction programs, contract negotiation or project management (preferred).

Responsibilities

• Provide legal advice regarding employee benefit plans, executive compensation arrangements, fiduciary governance, transactions, contracting, litigation and regulatory matters.
• Provide legal advice regarding the legal implications of plan design proposals, plan administration issues, compliance correction strategies, fiduciary obligations, participant communications and governance activities.
• Review and provide legal input regarding plan documents, summary plan descriptions, amendments, policies and procedures.
• Review employee communications for legal sufficiency and regulatory compliance.
• Advises on tax-exempt executive compensation, physician compensation interactions, deferred compensation arrangements and incentive compensation arrangements.
• Stay current with legal and regulatory developments affecting employee benefits, executive compensation, Human Resources programs that impact healthcare employers.
• Identify, evaluate and advise on legal risks and external regulatory influences, including issues presented by ERISA, the Internal Revenue Code, IRS guidance, Department of Labor guidance, Affordable Care Act, COBRA, church plan rules, Internal Revenue Code section 409A and Internal Revenue Code section 4958.
• Provide legal advice regarding compliance obligations, corrective action alternatives, policy development and governance requirements.
• Review, revise, draft and negotiate contracts, agreements, letters and other documents related to benefit plans, Human Resources programs, vendors, consultants, third-party administrators, recordkeepers, insurers and other business partners.
• Support transactional attorneys with mergers, acquisitions, divestitures, joint ventures and other strategic transactions by advising on benefit plan due diligence, successor liability, recognition of service, plan integration and post-closing implementation matters.
• Assist with structuring transactions and preparing template or form documents to promote consistency, efficiency and risk mitigation.
• Provide legal advice regarding benefit plan and executive compensation governance, including the Retirement Plan Committee, Retirement Administrative Sub-Committee, Defined Contribution Investment Committee, People and Culture Committee and other committees or leadership groups as assigned.
• Prepare or review committee materials, governance documents, resolutions, minutes, fiduciary education and recommendations for leadership decision-making.
• Participate in meetings, committees, presentations and training sessions, and provide education to leaders, teammates, professional staff and other stakeholders.
• Assist with or manage litigation, regulatory inquiries, audits and claims, and provide legal advice regarding correction programs and remediation strategies.
• Supervise and collaborate with outside counsel on legal, regulatory, litigation, transactional and compliance matters, including scope management, strategy, budgets and work product review.
• Negotiate with third parties relating to contracts, settlements, plan administration issues and other transactions.
• Support BSMH’s commitment to high reliability by working closely with leadership, Legal Network colleagues, Human Resources, Compliance, Finance, other departments, to promote ethical business practices, legal compliance and safe, reliable operations.
• Assist Legal Network with budgeting, project oversight, process improvement, documentation of policies and procedures, and implementation of Legal Network and system efficiency measures.
• Perform other job-related duties as required by the Legal Network supervisor, subject to reasonable accommodation.

Benefits

• Competitive pay, incentives, referral bonuses and 403(b) with employer contributions (when eligible)
• Medical, dental, vision, prescription coverage, HSA/FSA options, life insurances, mental health resources and discounts
• Paid time off, parental and FMLA leave, short- and long-term disability, backup care for children and elders
• Tuition assistance, professional development and continuing education support

What This Job Offers

• Job Type: Full-time
• Career Level: Mid Level
• Education Level: Ph.D. or professional degree