Employee Benefits (ERISA) Law
David R. Godofsky
Awarded Practice Areas
Biography
David Godofsky is a partner in the Employee Benefits & Executive Compensation Group of Alston & Bird. He is chair of the Retirement and Benefits Committee of the firm, and during his tenure as Leader of the Employee Benefits Group (including ERISA Litigation) the firm was named “Law Firm of the Year” by U.S. News – Best Lawyers® for ERISA Litigation in 2016 and Employee Benefits (ERISA) in 2015 and 2017. David is part of the firm's team of litigators which represents major employers in cutting-edge class action and other bet-the-company litigation matters nationwide. David has represented clients in the Supreme Courts of Florida and Illinois. David’s ability to integrate legal analysis with cost, funding, administration and benefit design considerations is informed by his years of experience as an actuary and consultant.
David is a Fellow of the Society of Actuaries, Enrolled Actuary, former director of the Conference of Consulting Actuaries and former vice chairman of the Education & Examination Committee of the Society of Actuaries. He currently serves on the program committee of the Enrolled Actuaries Meeting and as chair of a task force of the Actuarial Standards Board. In response to his comment letters, the U.S. Department of the Treasury corrected an error in pension funding regulations and changed the rules for determining whether cash balance plans satisfy the backloading requirements.
Before joining the firm, David spent 18 years designing, implementing and administering employee benefit plans, determining costs and helping employers control costs and get the most for their employee benefits budgets. His clients seek his advice for practical, workable solutions to complex problems and for the ability to make highly technical concepts understandable to executives, employees, judges and arbitrators.
David is a Fellow of the Society of Actuaries, Enrolled Actuary, former director of the Conference of Consulting Actuaries and former vice chairman of the Education & Examination Committee of the Society of Actuaries. He currently serves on the program committee of the Enrolled Actuaries Meeting and as chair of a task force of the Actuarial Standards Board. In response to his comment letters, the U.S. Department of the Treasury corrected an error in pension funding regulations and changed the rules for determining whether cash balance plans satisfy the backloading requirements.
Before joining the firm, David spent 18 years designing, implementing and administering employee benefit plans, determining costs and helping employers control costs and get the most for their employee benefits budgets. His clients seek his advice for practical, workable solutions to complex problems and for the ability to make highly technical concepts understandable to executives, employees, judges and arbitrators.
Overview
Washington, District of Columbia
- University of Virginia, J.D., graduated 1982
- District of Columbia, The District of Columbia Bar
- Tennessee, Tennessee Bar Association
- Missouri, The Missouri Bar
- American Academy of Actuaries - Member
- Conference of Consulting Actuaries - Fellow
- Enrolled Actuaries Meeting - Program Committee Member
- Joint Board for the Enrollment of Actuaries - Enrolled Actuary
- Society of Actuaries - Fellow
Washington, District of Columbia
- District of Columbia, The District of Columbia Bar
- Tennessee, Tennessee Bar Association
- Missouri, The Missouri Bar
- American Academy of Actuaries - Member
- Conference of Consulting Actuaries - Fellow
- Enrolled Actuaries Meeting - Program Committee Member
- Joint Board for the Enrollment of Actuaries - Enrolled Actuary
- Society of Actuaries - Fellow
- University of Virginia, J.D., graduated 1982
Client Testimonials
Awards & Focus
Recognized in The Best Lawyers in America® 2026 for work in:
- Employee Benefits (ERISA) Law
Additional Areas of Practice:
- Litigation - ERISA
Special Focus:
- COVID-19
News & Media
Additional Information
- Experience
- Represented the governor of Florida and the State of Florida in a case where the plaintiffs claimed that the state’s new pension law for state and municipal employees, reducing COLAs and imposing a 3 percent employee contribution, violated the state constitution. The Florida Supreme Court ruled in favor of the state, with an impact of more than $800 million per year in Florida’s budget. Scott et al., v. Williams et al.
- Represents the Retirement Plan for Chicago Transit Authority Employees in the Supreme Court of Illinois in a case where employees challenged the state constitutionality of the cost-saving modifications to the CTA’s retiree medical benefits that CTA negotiated with its unions. A decision is pending in the case, Matthews v. Retirement Plan for CTA Employees.
- Represented numerous companies in negotiations with the Pension Benefit Guaranty Corporation (PBGC) on a variety of issues, including 4062(e) liability.
- Drafted a comment letter on proposed liquidity shortfall funding regulations signed by the chief actuaries of Towers Watson, Aon Hewitt, Buck Consultants, Principal Financial Group, The Segal Company, Savitz and Turpin Consulting Group. In September 2015, the Department of the Treasury issued the final regulation implementing the change to the proposed regulation that Mr. Godofsky requested.
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