Product Counsel, ERISA & Operations

Overview

This role involves serving as the in-house ERISA expert for a high-growth fintech company focused on providing affordable and accessible retirement benefits to small and medium-sized businesses. The position requires deep expertise in ERISA, IRC, and fiduciary obligations related to operating a 401(k) recordkeeping platform. The legal professional will support both customer-facing teams and the product team by translating complex regulatory frameworks into practical guidance.

Responsibilities

• Act as the primary ERISA legal advisor for teams working directly with plan sponsors and participants, providing real-time guidance on ERISA, IRC, and fiduciary issues throughout the customer lifecycle.
• Advise on complex plan sponsor or participant questions and resolve conflicts between automation, plan terms, and customer expectations.
• Navigate ERISA constraints in time-sensitive matters, including EPCRS analysis, anti-cutback considerations under IRC §411(d)(6), and participant disclosure obligations.
• Provide guidance on fee disclosures under ERISA §408(b)(2), §404(a)(5), and related rules.
• Review participant-facing communications, SPDs, SMMs, and plan sponsor disclosures for ERISA compliance, including automated workflows.
• Translate technical ERISA conclusions into clear, actionable guidance for internal teams.
• Serve as the ERISA subject matter expert (SME) for the product team, advising on discrete ERISA questions during product development.
• Translate ERISA and IRC requirements into clear guidance for product managers and engineers.
• Evaluate how proposed automation handles edge cases and identify fiduciary duty implications (3(16), 3(21), 3(38)).
• Synthesize insights from customer matters to inform product improvements.
• Stay current on legislative, regulatory, and judicial developments affecting qualified retirement plans.
• Draft and maintain internal policies, procedures, legal guidance, and educational resources to ensure consistent application of ERISA requirements.

Requirements

• 5–8 years of substantive ERISA experience focused on qualified retirement plans and fiduciary matters, including 401(k), 403(b), and IRA plans.
• At least two years of experience at a law firm practicing in this area.
• Demonstrated experience with qualified plan operational compliance, including EPCRS and correction principles.
• Working knowledge of ERISA fiduciary duty and prohibited transaction rules as they apply to plan administration and service provider arrangements.
• Experience advising non-legal business teams on ERISA issues in real time and translating technical legal conclusions into actionable guidance.
• Strong working knowledge of ERISA fiduciary duty, prohibited transaction rules, and IRC qualification rules applicable to 401(k) plans.
• Admitted to the bar and in good standing, or otherwise authorized to practice law (e.g., registered in-house status) in any state.
• Proficiency in using modern AI tools for legal research, drafting, summarization, and analysis.
• Ability to work collaboratively across teams and communicate complex ERISA issues clearly in writing and meetings.

Preferred Qualifications

• In-house experience at a recordkeeper, TPA, fintech, or trust company.
• Direct experience with 3(16), 3(21), or 3(38) fiduciary operations at a recordkeeper or TPA.
• Experience providing ERISA input on product, operational, or technology decisions.

Compensation & Benefits

• Base salary range: $170,000 - $210,000 annually, determined by geographic location, skills, and experience.
• Potential additional compensation components such as bonuses, commissions, and equity.
• 401(k) plan with a dollar-for-dollar employer match up to 4% of compensation (immediately vested) and no plan fees.
• Comprehensive health, dental, and vision insurance.
• Competitive time off and parental leave.
• Access to financial wellness tools and professionals.
• Enhanced mental health support for employees and dependents.
• Fertility healthcare and family forming benefits.
• Student loan resources.
• Monthly work-from-home stipend and quarterly lifestyle stipend.
• Team-building experiences including virtual social events and offsites.

Location

This position is based in the United States. Compensation is adjusted based on the employee's location within the U.S.