Sheldon M. Geller Professional History

Education:

Fordham University, School of Law, J.D., 1984
New York University, College of Business, B.S., cum laude, 1980

Designations:

Investment Advisor (Series 63, 65)
Member, New York State Bar (1985)
Certified Public Accountant (New York State, 1986)

Publications:

G-III Apparel snaps up Fidelity as recordkeeper of 401(k) plan, Pensions & Investments (2024)
Nobu Group picks ADP Retirement Services as recordkeeper for 401(k) plan, Pensions & Investments (2017)
Sartorius signs Fidelity as new 401(k) plan recordkeeper, Pensions & Investments (2017)
An $89.9MM New York Plan Sponsor Chooses Fido, The 401k Wire (2015)
Delta Employees Sue Fidelity for “Illegal Kickbacks” from Financial Engines, RIABiz, Quoting Sheldon Geller (2016)
Column Editor, Retirement Plan Advisor, The CPA Journal (2015-Present)
Member, The CPA Journal Editorial Board, The CPA Journal (2015-Present)
The DOL Report, The CPA Journal, quoting Fiduciary Advisor Sheldon Geller (2015)
Interviewee, Geller Returns, The 401kWire (2012)
Guest Columnist, RIABiz, News for the Advisor Community (2012)
Member, National Association of Plan Advisors, Editorial Board (2012)
Nominee, Most Influential People in The 401(k) Industry, The 401kWire (2007-2010)
Member, Advisory Board, The Journal of Compensation and Benefits (2000-2010)
Ranked, Crain’s New York Business, Top 25 Largest Benefits Consultants (2005-2010)
Member, The CPA Journal Editorial Board, The CPA Journal (1988-2008)
Referee, Article and Manuscript Review, The CPA Journal (1988-2008)
Editor, The Employee Benefits Column, The CPA Journal (1988-2008)
Pensions and Investment, Fidelity Investments, Recognition Award (2000)
Plan Sponsor, Fidelity Investments, Recognition Award (2000)
Nationwide Financial, Pension News, Successful Broker Relationships (1997)
Nationwide Financial, Award, Achievement of High Service Standards (1997)

Industry Positions:

Member, Fidelity Advisor Panel (2018-Present)
Member, Schwab Retirement Executive Forum (2018-Present)
Fidelity Concierge Program, A Select Group of Elite Advisory Firm Clients (2018-Present)
ADP Retirement Services Advisor Elite Program, Platinum Level Member (2020-Present)
Member, National Association of Plan Advisors, Education Committee (2012-2015)
Founding Member and Shareholder, Focus Financial Partners, LLC (2006-2017)
Founding Member, Fidelity Investments Institutional TPA Advisory Council (1995-2010)
Member, Charles Schwab Corporate Retirement Plan Advisory Board (1999-2005)
Member, Matrix Settlement and Clearance Services, Executive Summit (2004-2006)
Member, Corbel, Relius SunGard Financial Systems, Executive Forum (2003-2004)
Member, Nationwide Financial Services, Pinnacle Plan Administrator (1994-2000)
Member, The Council of Independent 401(k) Record keepers (CIKR) (2007-2008)

Teaching / Speaking Engagements:

Speaker, New York State Society of CPAs, Plan Governance: How to Protect Your Client from 401(k) Litigation and Monetary Sanctions (2022)
Speaker, Employee Benefits Conference, Foundation for Accounting Education (2013)
Speaker, Employee Benefits Conference, Foundation for Accounting Education (2001)
Speaker, New York State Society of CPAs, Technical Sessions (1990-2000)
Adjunct Professor, NYU School of Continuing and Professional Studies (1995)
Speaker, New York University Institute on Federal Taxation (1990)

Affiliations:

Member, New York State Bar Association, Section of Taxation (1985-2017)
Member, American Bar Association, Section of Real Property, Trust and Estate Law (1985-2017)
Member, American Institute of Certified Public Accountants (1986-Present)
Member, New York State Society of CPAs, Employee Benefits Committee (1987-Present)
Certified Participant, Greenberg Traurig, LLP, Fiduciary Audit® Protection Program (1990-Present)
Member, American Society of Pension Professionals and Actuaries (2004-2015)
Registrant, American Law Institute, Continuing Professional Education (2006-Present)
Member, International Foundation of Employee Benefit Plans (2012-2013)

Published Articles:

Fiduciary Responsibility

• First Look at the Secure Act 2.0 of 2022, Practical and Legal Considerations, The CPA Journal (January/February 2023)
• Operational Compliance in a Highly Regulated Environment: Avoiding Fiduciary Breaches, Regulatory Review, Corrective Contributions, and Monetary Sanctions, The CPA Journal (July/August 2022)
• Best Practices to Reduce Excessive Fee Risk, 401(k) Plan Governance Faces Increasing Legal Threats, The CPA Journal (April/May 2021)
• Protecting Plan Sponsors from Department of Labor Sanctions and Participant Lawsuits, The CPA Journal (January 2019)
• Plan Governance Protects CFOs and HR Managers from Fiduciary Liability, The CPA Journal (December 2017)
• ERISA’s Reasonable Fee Requirement, The CPA Journal (August 2017)
• Retaining a Fiduciary Investment Advisor, Employers Need Up-front Information, Not Belated Explanation, The CPA Journal (May 2017)
• 401(k) Plan Service Provider Selection and Retention, The CPA Journal (February 2017)
• 401(k) Plan Investment Selection: Passive Fund Management vs. Active Fund Management, The CPA Journal (December 2016)
• Self-Directed Brokerage Accounts Expand Fiduciary Liability, The CPA Journal (September 2016)
• Fiduciaries for Small 401(k) Plan Sued for Breaches, The CPA Journal (August 2016)
• Department of Labor Finalizes Retirement Advice Regulation: A Practical Perspective for 401(k) Plan Sponsors and Investment Committees, The CPA Journal (June 2016)
• Understanding the Increased Liability for 401(k) Retirement Plan Committees, The CPA Journal (May 2016)
• Proper 401(k) Plan Management to Reduce Liability and Optimize Performance, The CPA Journal (April 2016)
• 401(k) Plan Design Trends and Insights, The CPA Journal (March 2016)
• Investment Policy Statements, Legal and Practical Considerations, The CPA Journal (January 2016)
• 401(k) Revenue Sharing Creates Employer Liability, The CPA Journal (December 2015)
• ERISA Imposes Fiduciary Liability Upon Directors and Officers, The CPA Journal (November 2015)
• The Intelligent Plan Fiduciary, The CPA Journal (September 2015)
• Evaluating 401(k) Plan Fees, A Review of Best Practices and Recent Litigation, The CPA Journal (October 2013)
• Protecting 401(k) Plan Sponsors from Conflicts of Interest, The CPA Journal (April 2013)
• Practical and Legal Considerations for Plan Sponsors Regarding the New Service Provider Disclosure Requirements, The Journal of Compensation and Benefits (September/October 2012)
• Service Provider Disclosure Requirements, Practical and Legal Considerations, The CPA Journal (July 2012)
• What Advisors Need to Know About the New Disclosure Requirements, National Association of Pension Advisors Newsletter (May 2012, September 2012)
• Investment Advisory Services Under ERISA, The CPA Journal (January 2009)
• ERISA Fiduciary Responsibilities and Registered Investment Advisors, The CPA Journal (January 2007)
• ERISA Fiduciary Duties in Mutual Fund Investigations, The CPA Journal (April 2006)
• DOL Guidance on Missing Participants, The CPA Journal (April 2006)
• Prudent Management of 401(k) Plan Fund Selection, The Journal of Compensation and Benefits (July/August 2002)
• Compliance Audits Can Protect Plan Sponsors, The Journal of Compensation and Benefits (March/April 2001)
• Corporate Trusteeship: A Fiduciary Analysis, Editor, The CPA Journal (May 2001)
• Fiduciary Risk Management, The CPA Journal, Editor (September 2001)
• Investment Advisory Services Under ERISA, The Journal of Compensation and Benefits, co-authored with Jeffrey D. Mamorsky, Esq., Greenberg Traurig (July 2000)
• The Labor Department Reviews Revenue Sharing Arrangements, The Journal of Compensation and Benefits (September/October 2000)
• Managing ERISA Fiduciary Liability in Participant-Directed Accounts, The CPA Journal (November 1998)
• IRS Seizure of Qualified Plan Assets, The CPA Journal (May 1993)
• Investment Advisor Breach of ERISA Fiduciary Duty, The CPA Journal (1991)

401(k) Plans

• First Look at the Secure Act 2.0: Practical and Legal Considerations, The CPA Journal https://www.cpajournal.com/ (January 2023)
• 401(k) Plan Issues in the Current Environment: Practical and Legal Considerations, The CPA Journal (May 2020)
• Understanding the Various 401(k) Service Fee Arrangements, The CPA Journal (July 2016)
• How RIAs Can Rule The 401(k) Realm By Becoming Advocates For Plan Sponsors — And Start By Eliminating Eight Marketplace Conflicts, RIABiz (February 2013). This article also appeared in the American Institute of Certified Public Accountants e-Newsletter under “Why RIAs should pursue advocacy role for plan sponsors” and in the RIA Central Digest in February, 2013.
• What RIAs must know about hidden, and excessive, fees in serving as fiduciaries to a 401(k) plan, RIABiz (October 2012)
• Practical Advice for 401(k) Plan Sponsor Fiduciaries, The Journal of Compensation and Benefits (September/October 2012)
• Best Practices for 401(k) Plan Sponsors and Fiduciaries, Revealing the Impact of Recent ERISA Litigation, The CPA Journal (September 2012)
• What Advisors Need to Know About New Disclosure Requirements, Financial Planning (September 2012) This article also appeared under “Thought Leaders” in Bank Investment Consultant and On Wall Street in September, 2012.
• 9 things advisors to 401(k) plans must do to keep clients out of hot water, RIABiz (July 2012)
• Advisors Need to Protect 401(k) Plan Sponsors, National Association of Pension Advisors Newsletter (July 2012)
• IRS Guidance for Part-time Employee Exclusions Under 401(k) Plans, The CPA Journal (December 2007)
• Department of Labor Position on 401(k) Elective Deferral Deposits, The CPA Journal (February 2006)
• Third-Party Plan Administrators and SAS 70, The CPA Journal (February 2006)
• Participant-Level Money Management Account Option, The CPA Journal (November 2006)
• A New Position on Benefit Distribution Fees, The CPA Journal (November 2003)
• 401(k) Conversions: Legal, Fiduciary and Practical Considerations, The CPA Journal (April 2000)
• Legal and Fiduciary Issues in Participant-Directed 401(k) Plans, The CPA Journal (November 1999)
• The Application of New 401(k) Rules Isn’t An Easy Task, Pension World (January 1989)
• DOL Issues Final Regulations on Participant Loans, Pension World (November 1989)
• Matching Contributions of Self-Employed No Longer Treated As Elective Deferral in 401(k) Plans, The CPA Journal (March 1988)
• The Latest on 401(k) Fees, The CPA Journal (March 1998)
• Automatic Enrollment of Eligible Employees in 401(k) Plans, The CPA Journal (December 1998)
• Timely Deposit By Employers of Employee 401(k) Contributions is Crucial, The CPA Journal (October 1999)
• Employer Liability Under 401(k) Plans, The CPA Journal, Editor (December 1994)
• Time Reduced for Employers to Deposit 401(k) Contributions, The CPA Journal, Editor (December 1994)

Profit Sharing Plans

• New Comparability Profit Sharing Plans, The Journal of Compensation and Benefits (March/ April 2001)
• Favorable Profit Sharing Contribution Allocations Under 401(k) Plans, The CPA Journal (July 1999)
• IRS Releases Final Regulations on Optional Forms of Benefits, The CPA Journal (November/December 2000)
• Qualified Plans Still Offer Benefits, But Rules Governing Them Are Increasingly Complex, Taxation For Lawyers (December 1989)

Defined Benefit Pension Plans

• New Disclosure Requirements For Under Funded Defined Benefit Plans, The CPA Journal, Editor (December 1994)
• Proposed Legislation, Retirement Protection Act of 1993, The CPA Journal, Editor (March 1994)
• Cost of Living Adjustments, The CPA Journal (August 1993)

Employee Stock Ownership Plans

• Employee Stock Ownership Plans under DEFRA, Taxation for Lawyers (June 1984)

Non-Qualified Deferred Compensation Plans

• Non-Qualified 401(k) Mirror Plans, The CPA Journal (September 2000)

Welfare Benefit Plans

• Benefits Perspective 2000, The CPA Journal (June 2000)
• Welfare Benefits after the Repeal of Section 89, The CPA Journal (April 1991)

Employee Benefit Plan Audits

• Third-Party Plan Administrators and SAS 70, The CPA Journal (February 2006)
• Limited Scope Audits for Plan Sponsors, The CPA Journal (April 2006)
• Employee Benefit Plan Opportunities, The CPA Journal (October 2006)
• Technology Driving SAS 70 Reports, The CPA Journal (March 2002)
• Employee Plan Audits, The CPA Journal (November 1999)

Plan Document Compliance

• Employee Staffing and Plan Design, The CPA Journal (November 2000)
• Qualified Plans Still Offer Benefits, But Rules Governing Them Are Increasingly Complex, Taxation for Accountants (January/February 1990)

Other Organizations:

Member, World Presidents Organization (2008-2023)
Member, Young Presidents Organization, Big Apple Gold Chapter (2012-2020)
Member, Fordham Law Alumni Association, Fordham Law School, NY (1984-2020)
Member, American Israel Public Affairs Committee, AIPAC Washington Club (2012-Present)
Member, American Society of Pension Professionals and Actuaries, Washington, DC (2012-2015)
Angel, Adopt A Catholic School, Futures in Education For Brooklyn and Queens (2015-2017)
Member, UJA-Federation of New York, Executive Committee, Business Leaders Forum (2012-Present)
Member, Founder’s Circle, Forum Moderator, CEO Forum, Young Jewish Presidents, New York (2012-2017)
Member, Investment Advisor Associate (1999-2010), Named Fiduciary Associate (2014-2022), Princeton Club of NY (2012-2017)
Member, Board Member, Treasurer, Young Presidents Organization, NY Metro Chapter (1995-2010)
Member, Board of Trustees and Budget Finance Committee (2013-2015), Congregant, Old Westbury Hebrew Congregation (2009-Present)