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Alden J. Bianchi

Member / Chair, Employee Benefits & Executive Compensation Practice

[email protected]

+1.617.348.3057

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Alden is a highly regarded employee benefits and executive compensation lawyer.

Alden is the Practice Group Leader of the firm’s Employee Benefits & Executive Compensation Practice. He advises corporate, not-for-profit, governmental, and individual clients on a broad range of executive compensation and employee benefits issues, including qualified and non-qualified retirement plans, stock and stock-based compensation arrangements, ERISA fiduciary and prohibited transaction issues, benefit-related aspects of mergers and acquisitions, and health and welfare plans. He is nationally renowned for his advice on the Affordable Care Act's impact on employers. He represented the Romney administration in connection with the historic 2006 Massachusetts health care reform act. Alden has testified before the Senate Finance Committee on the subject of health care reform. His many published works include the Bloomberg/Bureau of National Affairs Health Care Reform Advisor, a comprehensive work on the impact of the Affordable Care Act on employers and employer-sponsored group health plans. He is also the current chair of the Bloomberg Tax Compensation Planning Journal Advisory Board. 

Education

  • Georgetown University (LLM)
  • Boston University (LLM, Taxation)
  • Suffolk University Law School (JD)
  • Worcester Polytechnic Institute (BS)

Experience

  • Served as counsel to a global staffing company on the US regulatory aspects of all of its worldwide stock compensation arrangements. Also advised the company on all US tax-qualified and non-qualified pension plans, welfare arrangements, and fringe benefit programs.
  • Advised CitiGroup on all its U.S. employee welfare benefits programs, including compliance with the Affordable Care Act and a top-to-bottom review of their retiree health benefit plans.
  • Advised the Commonwealth of Massachusetts on the correction of qualification failures under the Commonwealths’ public employee pension plans. The plans in issue have over $80 billion in assets and provide pension benefits to tens of thousands of current and former state employees.
  • Serve as outside benefits counsel to a nationwide pharmacy on all matters relating to their benefit and compensation programs, in addition to representing the company in investigations before government agencies.
  • Advised the ERISA Industry Committee on the Affordable Act and other welfare plan issues and to prepare comments to the Treasury Department on proposed regulations issued under the Affordable Care Act’s employer shared responsibility rules.
  • Retained by Robert Half International to write a comprehensive explanation of the Affordable Care Act for RHI U.S. clients and prospects.
  • Advised a large Massachusetts city on their transfer into a state-sponsored group health arrangement and PBM.
  • Prepared a master ERISA compliance checklist for third-party-administration affiliate of a state-licensed health insurance issuer.
  • Advise William Gallagher & Associates’s benefits brokers and consultants on pension and welfare issues and employment law matters.
  • Served as outside benefits counsel to Protector Group on employee benefits issues with a focus on compliance with the Affordable Care Act.
  • We serve as outside benefits council to PrideStaff on matters relating to compliance with the Affordable Care Act.
  • Served as outside benefits counsel to Paradigm Health Plans on matters relating to compliance with the Affordable Care Act and matters relating to group health insurance products.
  • Serve as outside benefits counsel to the American Staffing Association on benefits and employment matters, and in connection with impact of the Affordable Care Act on ASA members.
  • Routinely advise a regional benefits consulting firm that provides advice to employers with various benefits-related issues.
  • Represented a state Blue Cross Blue Shield organization on a top-to-bottom re-write of their ASO agreements for ERISA-covered plans.

Recognition & Awards

  • Bloomberg BNA: 2015 Federal Tax Contributor of the Year for his article “Information Reporting Under the Affordable Care Act: I.R.C. §6055 and §6056,” which was featured in the Compensation Planning Journal
  • Who’s Who Legal: Labour, Employment & Benefits (2016)
  • Best Lawyers in America: Employee Benefits (ERISA) Law (1995 – 2021)
  • Chambers USA: Nationwide – Employee Benefits & Executive Compensation (2010 – 2019)
  • Chambers USA: Massachusetts (Band 1) – Employee Benefits & Executive Compensation (2006 – 2019)
  • Included on the Massachusetts Super Lawyers: Employee Benefits/ERISA List (2006 – 2019)
  • Who’s Who in American Law
  • Martindale-Hubbell AV Preeminent
  • Named as a JD Supra Top Author, Affordable Care Act (2017)

Involvement

  • Fellow, American College of Employee Benefits Counsel
  • Member, BNA Pension & Benefit Publications Advisory Board

Viewpoints

Employment, Labor, and Benefits Viewpoints Thumbnail
On April 29th, in connection with the National Emergency declaration related to COVID-19, the Department of Labor, the Department of the Treasury, and the Internal Revenue Service (the “Agencies”) jointly issued a final emergency regulation which aims to minimize the loss of employee benefits due to certain ERISA and Internal Revenue Code-related compliance failures. Specifically, the final regulation provides relief for HIPAA special enrollment rights, COBRA elections and notices, and ACA-mandated internal and external review timeframes. According to the final regulation, plans must disregard the period from March 1, 2020 until sixty (60) days after the announced end of the National Emergency, or such other date announced by the Agencies in a future notice. This period is referred to as the “Outbreak Period.”
Read more
Employment, Labor, and Benefits Viewpoints Thumbnail

The Impact of the CARES Act on 401(k) and Other Defined Contribution Plans

April 28, 2020 | Blog | By Alden Bianchi, Patricia Moran

In a previous post, we covered the impact of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on employee welfare benefit plans, programs, and arrangements. This post explains how this new law affects tax-qualified 401(k) and other defined contribution plans.
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Employment, Labor, and Benefits Viewpoints Thumbnail
On April 11, 2020, the Departments of Labor, Health and Human Services, and the Treasury issued a set of FAQs intended to assist stakeholders grappling with the provisions of the FFCRA and the CARES Act governing group health plans, health insurance issuers, and others. This post reports on the FAQ highlights.
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Employment, Labor, and Benefits Viewpoints Thumbnail
The CARES Act is the third significant piece of federal legislation recently enacted in response to the COVID-19 pandemic. This post focuses on the provisions of the CARES Act that affect welfare benefit plans.
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Employment, Labor, and Benefits Viewpoints Thumbnail
Beyond COVID-19’s devastating impact on public health is its second order effects on the U.S. and world economy. Businesses of all sizes need to trim costs. An obvious place to start is with contributions to 401(k) and other tax-qualified retirement plans. This post reviews the options for cost cutting available to employers under their defined contribution 401(k) and profit sharing plans.
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Employment, Labor, and Benefits Viewpoints Thumbnail
A timely and robust response to the COVID-19 virus demands the attention and resources of, and action by, federal and state regulators, employers, and individuals alike. The stakes could not be higher. State and local “shelter-in-place” orders have effectively, if not actually, resulted in widespread job losses for at least some indeterminate period of time.
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Employment, Labor, and Benefits Viewpoints Thumbnail

The Impact of the SECURE Act on Tax Qualified Retirement Plans

February 10, 2020 | Blog | By Alden Bianchi

On December 20, President Trump signed into law the “Setting Every Community Up for Retirement Enhancement Act of 2019,” known and referred to colloquially as the “SECURE Act.” The law’s stated purpose, among other things, is to increase the coverage of American workers in employer-sponsored savings arrangements. The new law generally affects retirement plans and programs that include employer-sponsored and Individual Retirement Accounts (IRAs), among others. In this recently published issue of the Bloomberg Tax, Tax Management Memorandum, we explore the impact of the new law on employer-sponsored plans.
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Viewpoint Thumbnail
The Departments of Health and Human Services, Labor, and the Treasury (collectively, the “Departments”) issued a coordinated set of final regulations (“final rules”) permitting employers to, among other things, make individual coverage health reimbursement arrangements (ICHRAs) available to their employees for the purposes of purchasing individual market health insurance coverage
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News & Press

Press Release Thumbnail
In the latest guide, Mintz garnered rankings as a top national firm in eight practice areas, and 32 firm attorneys were individually recognized.
News Thumbnail
Law360 and HealthLeaders Media included quotes from Mintz Member and Chair of the firm's Employee Benefits & Executive Compensation Practice Alden J. Bianchi discussing the recent decision by the U.S. Supreme Court to hear a lawsuit surrounding the Affordable Care Act and potential implications for employers, providers and individuals.
In a briefing prepared for a public hearing scheduled by the United States House Ways and Means Subcommittee on Social Security, a portion of Mintz Member and Chair of the Employment Compensation practice Alden Bianchi’s Tax Management Portfolio published by Bloomberg Tax, “Employee Benefits for the Contingent Workforce,” No. 399, was cited as a reference.

The Portfolio addressed the employee benefits-related questions and issues that arise in connection with the employment of contingent or alternative workers.

The briefing document was prepared by the staff of the Joint Committee on Taxation: Description of the Social Security Tax Base (JCX-36-11), June 21, 2011. The document can be found at www.jct.gov.
Alden Bianchi, Chair of Mintz’s Employee Benefits & Executive Compensation Practice contributed this column discussing how it’s too soon to tell whether the decision in New York v. DOL is a battle in a larger war or the war itself.

Enacted on December 22, 2017, the 2017 tax act (Pub. L. No. 115-97, §13602(a)) added §4960 to the Internal Revenue Code. This new section imposes an excise tax on the amount of ‘‘remuneration’’ in excess of $1 million, plus any ‘‘excess parachute payment’’ paid by an ‘‘applicable tax-exempt organization’’ to a ‘‘covered employee.’’ The Chair of Mintz’s Employee Benefits & Executive Compensation Practice, Alden J. Bianchi, and associate Alexander K. Song, explore §4960 in this article, and conclude that from the perspective of the board or management of an ATEO, there is a lot not to like in §4960 and the IRS’s interpretation of the statute in the Notice.
This feature article discusses allegations that the Labor Department overstepped when it expanded a type of small business health option called an association health plan. Employment, Labor & Benefits Member Alden Bianchi is among the industry sources quoted in the piece.
Member and Leader of the firm’s Employee Benefits & Executive Compensation Practice Alden Bianchi provides commentary for this article discussing the impacts employers are facing of a supplemental fee for workers receiving insurance through MassHealth or the Health Connector.
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Mintz partner and Massachusetts lawyer Julie Korostoff is one of 49 attorneys recognized as “Leaders in Their Fields” by the 2018 Chambers USA: America's Leading Lawyers for Business guide. Chambers named Korostoff a “Recognized Practitioner” in Technology.
Employment, Labor & Benefits Member Alden Bianchi is featured in this article providing commentary on the first round of estimates from the IRS that some employers are getting in terms of penalties they may owe for not providing health coverage to employees.
This article notes the steps being taking by Republicans taking aim at the mandate in the Affordable Care Act that employers offer coverage to employees – and the reaction by many employers who are supporting the efforts.
Alden Bianchi, a Member in Mintz’s Boston office, is quoted in an NBC News article covering the institution of new “skinny” or reduced-cost health care plans being newly offered to individuals struggling to meet the demands of paying for health insurance under the Affordable Care Act.
Alden Bianchi, a Mintz Member, was interviewed for a Bloomberg Law podcast about a move made by the New York Attorney General to protect New Yorkers’ access to birth control, in response to the Trump administration allowing employers to deny women free birth control under the Affordable Care Act.
Mintz Member Alden Bianchi was quoted in a Bloomberg Law article on Anthem’s aim to have its own pharmacy benefit manager in 2020. This could allow more integrated medical and pharmacy benefits for employers, according to the article.
Press Release Thumbnail
Best Lawyers named 85 Mintz attorneys to its 2018 list of The Best Lawyers in America. In addition, Mintz attorneys Matthew J. Gardella and Samuel M. Tony Starr were named “Lawyer of the Year” in their respective practice areas.
Alden Bianchi, a Member in Mintz’s Boston office, authored an article in The Practical Lawyer on the evolving regulations placed on workplace wellness programs. Alden cites the impact these programs can have on holding down health care costs for employers.
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JD Supra has recognized Mintz in its 2017 Reader’s Choice awards, highlighting the most widely read authors and articles over the past year. Eleven Mintz attorneys were named JD Supra Top Authors in four industries and Mintz was recognized as the Top Firm with readers in the Energy Industry.
Alden J. Bianchi, Practice Group Leader of Mintz's Employee Benefits and Executive Compensation Practice, has been named Chair of Bloomberg BNA’s Compensation Planning Advisory Board.
Fifty-three Mintz attorneys have been named Massachusetts Super Lawyers for 2016 and thirty-one have been named Massachusetts Rising Stars. The findings will be published in the November 2016 issue of Boston Magazine and in a stand-alone magazine, New England Super Lawyers. 
Best Lawyers named 73 Mintz attorneys to its 2017 list of The Best Lawyers in America. Mintz attorneys selected for inclusion in this year’s list span 44 practice areas. 
Firm’s National Healthcare Practice, NY Corporate/M&A and Litigation: General Commercial Among Newest Rankings
Alden Bianchi, a Member in the Mintz Boston office, authored this Bloomberg BNA column discussing two new reporting requirements of particular interest to employers included in the Affordable Care Act’s amendment to the Internal Revenue Code (I.R.C.) of 1986.
Alden Bianchi, a Mintz Member and employee benefits lawyer, is quoted in this Inside Counsel article discussing the likelihood of the Affordable Care Act’s "Cadillac" tax implementation and its impact.
The 2015 Chambers USA: America's Leading Lawyers for Business guide names 52 Mintz, Cohn, Ferris, Glovsky and Popeo, P.C.  attorneys as “Leaders in Their Fields.”

Events

Speaker
Nov
7
2018

Boston Employment Law Summit

One Financial Center, Boston, MA

Speaker
Speaker
Speaker
Apr
19
2016

American Staffing Association Annual Law Conference

American Staffing Association

Gaylord National Resort & Convention Center, 201 Waterfront St., National Harbor, MD 20745

Panelist
Jan
30
2016

ABA Tax Section 2016 Midyear Meeting

American Bar Association

JW Marriott Los Angeles L.A. LIVE, 900 W Olympic Blvd, Los Angeles, CA 90015-1328

Panelist
Jan
29
2016

ABA Tax Section 2016 Midyear Meeting

American Bar Association

JW Marriott Los Angeles L.A. LIVE 900 W Olympic Blvd. Los Angeles, CA 90015-1328

Speaker
Jan
28
2016

Second Annual Employment Law Summit

The Princeton Club 14 West 43rd Street, New York, New York

Speaker
Oct
28
2015

American Staffing Association (ASA) Staffing World 2015

American Staffing Association (ASA)

Gaylord Opryland Resort & Convention Center, 2800 Opryland Dr., Nashville, Tennessee

Speaker
Oct
8
2015

What You Need to Know About ERISA - A Comprehensive Overview

Bloomberg BNA

731 Lexington Avenue, New York, NY

Speaker
Oct
1
2015

The Affordable Care Act: What's Trending and What's Next

The TemPositions Group

20 Lexington Avenue, 21st Floor, New York, NY

Speaker
Sep
27
2015

Employee Benefits & Healthcare Congress

Employer Healthcare & Benefits Congress (EHBC)

Orange County Convention Center, 9800 International Drive, Orlando, FL

Speaker
May
13
2015

Massachusetts Employment Law Summit

Mintz Levin

Boston, MA

Speaker
Apr
29
2015

American Staffing Association Staffing Law Conference

American Staffing Association

Gaylord National Resort & Convention Center, 201 Waterfront St, 20745, National Harbor, MD

Speaker
Apr
22
2015

The Year in Benefits: Insights from Leaders in the Benefits Field

The American Law Institute Continuing Legal Education Group

1250 Columbus Avenue, 94133 San Francisco, CA

Speaker
Apr
8
2015

The Year in Benefits: Insights from Leaders in the Benefits Field

The American Law Institute Continuing Legal Education Group

415 New Jersey Avenue, NW, Washington, DC 20001, Washington, DC

Speaker
Mar
18
2015

23rd National HIPAA Summit

Global Healthcare, LLC

2500 Calvert Street, Northwest, 20008, Washington, DC