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Kenneth C. Weafer


P 518-512-8707
F 518-242-7730


Kenneth C. Weafer is an Associate in the Albany, New York, office of Jackson Lewis P.C. He concentrates his practice on all aspects of employee benefits, which includes retirement pension and profit-sharing plans, health and welfare plans, and ERISA fiduciary counseling.

Mr. Weafer assists in the design, drafting, and implementation of defined benefit, defined contribution, and cash balance plans, 403(b) and 457(b) plans, ESOPs, and executive compensation arrangements. He also counsels clients with plan conversions, spin-offs, terminations, and other benefits issues involved in mergers, acquisitions, and other corporate restructurings.

Mr. Weafer counsels corporate clients of various sizes and in various industries on a broad range of benefit matters, including the compliance and administration of both qualified and nonqualified plans under ERISA and the Internal Revenue Code. He advises clients on fiduciary compliance matters relating to plan corrections, prohibited transaction exemptions, and reporting and disclosure obligations. He assists plan sponsors and administrators with investigations, examinations, and audits before the Internal Revenue Service and the United States Department of Labor, correcting qualified plan defects and filing EPCRS and fiduciary correction program submissions, private letter rulings, and determination letter applications. He represents clients before the Pension Benefit Guaranty Corporation (PBGC) in connection with reportable events filings and distress terminations. He also provides counsel to clients with welfare plan issues involving group health plans, cafeteria plans, flexible spending accounts, health reimbursement arrangements, and health savings accounts. He also assists in the representation of employers in ERISA litigation.

Prior to joining the firm, from 2008 to 2013, Mr. Weafer was a prosecutor in the Albany County District Attorney's Office. He also was the attorney-coach for Albany Law School's criminal appellate team which competes annually in Seton Hall University Law School’s John J. Gibbons National Criminal Procedure Appellate Moot Court Competition (2012-2014) and the attorney-coach for his high school alma mater's Mock Trial team (2009-2014).

While attending law school, Mr. Weafer served as a judicial extern for the Honorable Joseph C. Teresi, Supreme Court Justice, Third Judicial District, Albany County, New York. He also was a student intern at Albany Law School's Government Law Center and the Health Law Clinic.

Honors and Recognitions

Kenneth C. Weafer
Rated by Super Lawyers

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Pro Bono and Community Involvement

  • The Albany Academies, Alumni Board Member

Published Works

  • “Arbitration of ERISA Claims: Yes You Can!,” Bloomberg BNA Pension & Benefits Daily (July 7, 2015) [Co-Authored with René E. Thorne]
  • ERISA Litigation, 5th and 4th eds. (Bloomberg BNA 2014) [Contributing Co-Author]
  • “Supreme Court Decisions May Bolster Class-Action Defense Theories for Employment Cases and Other Claims,” Cleveland Metropolitan Bar Journal (May 2013) [Co-Author]

See AllKenneth C. Weafer in the News

August 11, 2017
Benefits Quarterly

Brian Goldstein, Daniel O'Neil and Kenneth Weafer Author "Everything You Wanted to Know About BICE but Were Afraid Were Afraid to Ask"

August 11, 2017

Brian Goldstein, Daniel O'Neil and Kenneth Weafer author "Everything You Wanted to Know About BICE but Were Afraid Were Afraid to Ask," published by Benefits Quarterly.   Read More


See AllPublications

December 19, 2016

Class Action Trends Report Winter 2016

December 19, 2016

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: Defending class discrimination claims Disparate treatment vs. disparate impact The legislation The case law Prevention pointer... Read More

October 25, 2016

Employee Benefits Newsletter – Fall 2016

October 25, 2016

In this issue: The ‘Missive Gap’ — Employers to Cope Without Updated Plan IRS Determination Letters. For employers that sponsor and maintain individually designed qualified retirement plans (“IDPs”), such as 401(k), profit-sharing, or traditional defined benefit pension plans, beginning January 1, 2017,... Read More

September 28, 2016

Class Action Trends Report Fall 2016

September 28, 2016

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: “Class” claims, EEOC-style When private plaintiffs pile on The legislation The caselaw Regulatory roundup... Read More

See AllBlog Posts by Kenneth C. Weafer

Last Day of Remedial Amendment Period for 403(b) Plans is March 31, 2020
March 6, 2017

Eligible employers sponsoring Code Section 403(b) retirement plans have until March 31, 2020 to self-correct any defects as to the written form of those plans. Read More

Class Arbitration of ERISA Claims: Yes You Can!
August 6, 2015

ERISA neither expressly nor impliedly prohibits mandatory arbitration of claims. Numerous courts that have analyzed the purpose of both ERISA and the Federal Arbitration Act (“FAA”) have held that ERISA claims are arbitrable. Read More

IRS Prohibits Future Annuity-to-Lump Sum Conversions for Defined Benefit Plan Retirees Currently Receiving Benefits
July 27, 2015

On July 9, 2015, the IRS released Notice 2015-49 (the “Notice”) informing taxpayers that the Service and the Treasury intend to amend the required minimum distribution regulations to eliminate the recent defined benefit (“DB”) plan risk management strategy of offering lump sum payments to replace annuity payments to retirees currently rec Read More