Product Counsel, ERISA & Operations

Overview

This role involves serving as the in-house ERISA expert for a high-growth fintech company specializing in 401(k) recordkeeping platforms. The position requires deep expertise in ERISA, IRC, and fiduciary obligations related to qualified retirement plans. The legal professional will support both customer-facing teams and the product team by providing practical, actionable legal guidance to help small and mid-market employers offer retirement plans.

Responsibilities

• Act as the primary ERISA legal advisor for internal 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 that cannot be resolved by internal teams.
• Navigate fact patterns involving automation, plan terms, and customer expectations to determine ERISA-compliant courses of action.
• Assist with time-sensitive customer matters involving EPCRS analysis, anti-cutback rules under IRC 411(d)(6), participant disclosure obligations, and fee disclosure requirements under ERISA sections 408(b)(2) and 404(a)(5).
• Review participant-facing communications, including SPDs, SMMs, and plan sponsor disclosures, for ERISA compliance.
• Translate technical ERISA conclusions into clear, plain-language guidance for internal teams.
• Serve as the ERISA subject matter expert for the product team, providing on-call guidance on ERISA and IRC requirements during product development.
• Evaluate how proposed automation handles edge cases and identify fiduciary duty implications (3(16), 3(21), 3(38)) related to new features.
• 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 practicing ERISA law at a law firm.
• Demonstrated experience with qualified plan operational compliance, including EPCRS and correction principles.
• Strong 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.
• Admitted to the bar and in good standing, or otherwise authorized to practice law (e.g., registered in-house status) in any U.S. state.
• Proficiency in using modern AI tools for legal research, drafting, summarization, and analysis.
• Excellent judgment, ownership, and ability to work collaboratively across cross-functional teams including product managers, engineers, and operations leaders.
• Strong written and verbal communication skills to explain complex ERISA issues clearly.

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.
• Additional compensation components may include bonuses, commissions, and equity.
• Comprehensive benefits package including:
  • 401(k) plan with dollar-for-dollar employer match up to 4% of compensation (immediately vested) and no plan fees.
  • Top-tier health, dental, and vision insurance.
  • Competitive time off and parental leave.
  • Access to financial wellness tools and professionals.
  • Enhanced mental health support.
  • Fertility healthcare and family forming benefits.
  • Student loan resources.
  • Monthly work-from-home stipend and quarterly lifestyle stipend.
  • Team-building events and offsites.

Location

This position is based in the United States. Salary and benefits are adjusted according to the employee's location within the U.S.

This opportunity is ideal for an ERISA-focused legal professional seeking to apply their expertise in a dynamic fintech environment that supports retirement plan accessibility for small and medium-sized businesses.