Marcus Wu

Title: 
Partner
Organization: 
Pillsbury Winthrop Shaw Pittman
Bio: 

Marcus Wu is the leader of the law firm's Southern California Executive Compensation and Benefits practice. He represents private and public employers on compensation and benefits matters.

Marcus has extensive experience designing and implementing retirement and deferred compensation plans, including defined-benefit pension plans, 401(k), 403(b) and 457 plans. Marcus also advises employers on designing and implementing equity compensation programs, including omnibus equity-incentive plans, ESPPs, performance share plans, and others. He advises employers on establishing and administering health plans, section 125 cafeteria plans, and severance plans. Marcus is well versed in the federal and state laws governing employee benefit plans, including ERISA and the Internal Revenue Code.

Representative Experience

Advised Union Bank on restructuring of benefits program in connection with integration of the bank's U.S. operations.

Designed first-of-its-kind 115 trust for governmental entity and obtained IRS Private Letter Ruling for same. Also designed first multiple-employer OPEB/Pension 115 Trust, enabling pubic agencies to reserve funds for OPEB and pension liabilities.

Represented large banking institution with restructuring of its pension and 401(k) plans, nonqualified plans, and other employee benefit program in connection with spin-of and IPO of related entity.

Advises numerous governmental entities throughout California, including counties, cities and special districts, on the tax laws and other federal and California laws governing the entities' employee benefit programs.

Professional Highlights

Committee on Retirement and Benefits Administration

Government Finance Officers Association

Recognized by The Legal 500 U.S. in Employee Health and Retirement Plans (2017)

Memberships

Tax Exempt/Governmental Entity Joint Council (Pacific Coast)

National Association of Public Pension Attorneys

California Society of Municipal Finance Officers

California Public Employers Labor Relations Association

Western Pension & Benefits Conference

National Asian Pacific American Bar Association

Asian American Bar Association of the Greater Bay Area

Books

"Qualified Retirement and Pension Benefits," Chapter 55, Successful Partnering Between Inside and Outside Counsel, ACC, Co-Author.

Recent Presentations

Panelist, "Managing Your OPEB and Other Benefit Liabilities," California School Boards Association annual conference, December 2016.

Panelist, "2016 Government Tax Seminar," Irvine, Lakewood, and Ontario sessions, December 2016.

Speaker, "Significant Developments Affecting Retirement Plans and Healthcare Benefit," Public Employer Labor Relations Association of California annual conference, September 2016.

Panelist, "Taming the OPEB (Retiree Healthcare) Beast," California School Boards Association annual conference, December 2015.

Panelist, "2015 Government Tax Seminar," Irvine, Lakewood, and Ontario sessions, December 2015.

Panelist, "2014 Government Tax Seminar," Lakewood and Ontario sessions, December 2014.

Panelist, "OPEB: What Now?", Government Finance Officers Association (GFOA) annual conference, May 2014.

Speaker, "Healthcare Reform: What Employers Need to Know," Pillsbury CLE Marathon, January 2014.

Speaker, "ACA, PEPRA, GASB: Making Sense of the Alphabet Soup of New Retirement and Healthcare Benefit Rules," California School Boards Association, December 2013.

Speaker, "DOMA and the Windsor Ruling," Public Employer Labor Relations Association of California, October 2013.

Speaker, "AB 340 Pension Reform & Healthcare Reform," California Society of Municipal Finance Officers, April 2013.

Panelist, "The Patient Protection and Affordable Care Act: What You Need to Know about the Law and the Supreme Court's Decision," Hispanic National Bar Association, March 2013.

Speaker, "Would You ‘Pass' an IRS Employment Tax Exam?", California Society of ‘Municipal Finance Officers, February 2013.

Education

J.D., University of California, Hastings College of the Law

B.S., San Francisco State University

Admissions

California

Firm Publications

A New Landscape, Authors: Howard L. Clemons, Marcus Wu, Jessica Lutrin, 08/09/16

IRS Relaxes Use-or-Lose Rule for Health FSAs, Authors: Marcus Wu, Lori Partrick, 11/06/13