Deputy General Counsel (Hybrid)

Description:

Work is Hybrid (On site 40% of the time and as needed for business purposes, 60% of the time ability to work remotely).

Writing sample required when submitting your resume.

In this pivotal role, you'll:

• Advise the Retirement Board and staff on complex legal and policy matters
• Ensure compliance with IRS, state, and federal regulations
• Lead litigation management, including supervising outside counsel
• Support all areas of MERS administration and our strategic plan
• Draft and present legal reports, memoranda and policies
• Draft and negotiate vendor and other contracts

What We're Looking For:

• Law degree and license to practice in Michigan
• 7+ years of legal experience, including pension law, FOIA, litigation, and government law
• Proven ability to deliver rapid, high-quality results in a structured, professional environment
• Strong research, writing, and communication skills
• Commitment to integrity, accuracy, and teamwork

If you thrive in a fast-paced setting, value precision, and want to help shape our legal strategy, apply today to join a team that values expertise, trust, and excellence!

General Description:
The Deputy General Counsel provides legal and policy advice to the Retirement Board and MERS staff. The Deputy General Counsel represents MERS in various legal matters and performs research and analysis required for the solution of complex legal issues that have significant ramifications for the operations and customers of MERS. The Deputy General Counsel works as part of a cohesive Legal Team under the direction and supervision of the General Counsel.

General Legal Services

• Provides legal counsel, opinions and advice to the Board, CEO, Officers and staff.
• Monitors plan qualification requirements on an ongoing basis and maintains MERS' IRS tax-qualified status. Works with and coordinates activities of outside tax counsel.
• Assists General Counsel in identifying and assessing risk and ensuring compliance with all applicable laws and regulations.
• Provides legal interpretations of plan provisions and applicable laws, regulations and other authorities, monitoring changes to same, and preparing written memoranda or summaries of same to aid MERS staff.

Retirement Board Services

• Drafts plan amendments required for strategic initiatives, IRS compliance, or in response to legislative mandate and obtaining Board approval of same.
• Prepares and presents Board meeting items, including drafting legal reports, legal memoranda, motions, orders and resolutions and attending Board meetings to present same.
• Drafts and revises MERS' Board Policies for legal compliance and consistency with plan provisions and operations and obtaining Board approval of same.
• Attending special or other Board or Committee meetings as directed by the General Counsel.

Litigation and Vendor Management

• Supervises outside counsel and closely monitoring cases and projects assigned to outside counsel, including insurance claims, establishing strategies, reviewing and editing pleadings, directing filings, and managing expenses.
• Represents MERS in contested case proceedings under the Administrative Procedures Act, including subsequent appeals.
• Drafts, reviews and negotiates proposed contracts and contract amendments with both vendors and customers.
• Aids other departments with respect to drafting and issuing RFPs and other transactional documents.

Customer and External Stakeholder Support

• Provides legal support services for benefit administration, assisting with benefit determinations, plan document interpretations, resolution of employee-employer disputes, advising on administration of non-standard benefits, and monitoring and providing guidance on corrections of errors in accordance with the plan document and IRS requirements, including correction of overpayments.
• Provides legal support services for Customer Strategies and Customer Relations teams, ensuring products are developed, marketed, adopted and administered in accordance with plan provisions and plan qualification requirements.
• Provides governmental relations support to the CEO and Legislative Affairs Director. Reviews and advises on proposed legislation that impacts public employee retirement systems. Attends meetings and conferences with elected and appointed officials regarding retirement related issues. Provides draft bill language that implements legislative initiatives in accordance with state and federal laws and is consistent with MERS requirements.
• Act as primary or secondary Freedom of Information Act Coordinator; manage FOIA responses, appeals and related matters.

Other General Duties 10%

• Provides other legal support services on other areas of MERS' operations as directed by the General Counsel, including investments, securities litigation, litigation, enterprise risk management/compliance, insurance, employment law, records management, financial reporting, information and cyber security, privacy, actuarial matters, audit response, and facilities management.
• Builds and maintains positive relationships with internal and external stakeholders to advance MERS' strategic and other initiatives.

Education:
Law degree from an accredited United States school of law.

Experience:

• 7+ years of legal experience as a licensed attorney
• Understanding and knowledge of state and local government constitutional law, municipal law, and general law (e.g., administrative law, Open Meetings Act, FOIA). Familiarity with standards of trustee and fiduciary duties.
• Some litigation experience
• Knowledge and understanding of governmental 401(a) qualified defined benefit and defined contribution retirement plans (preferably governmental, multiple employer plans). Understanding of actuarial matters and funding methods Familiarity with retiree healthcare programs
• Possess excellent research, writing, and communication skills

Licensure, Certification, or Registration:
License to practice law in the State of Michigan.

Preferred Qualifications:
Experience as legal advisor to a board or commission.

Expertise
Knowledge of:

• State and federal constitutional and statutory laws and regulations.
• Legal research methods.
• Preparation of legal briefs, and presentation of oral argument, including working knowledge of court rules.
• Knowledge of the legal implications and potential liabilities associated with participation in MERS.

Skill in:

• Written and oral communication customized to the audience.
• Problem solving to accommodate various priorities.
• Identification and assessment of risks and opportunities in a changing regulatory environment.
• Advocating for client's preferred course of action or position.

Ability to:

• Maintain impeccable standards of professional and personal ethics.
• Communicate confidentially and scrupulously honor that commitment.
• Adapt to and successfully function as a member of a team, including ability to appropriately delegate and monitor work where directed by the General Counsel.
• Respond to MERS-related issues on an “on call” (not 8-5) basis.
• Communicate effectively and use judgment, tact and discretion.
• Explain risks and legal matters in laypersons' terms.
• Quickly assimilate oral and written information, analyze facts, and draw logical conclusions and implications.
• Maintain accurate records and prepare reports and correspondence related to the work.
• Foster and maintain favorable internal and external customer relations and public relations.

Physical Requirements:

• The physical demands described here are representative of those that must be met by an employee to perform successfully the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
• While performing the duties of this job, the employee is occasionally required to stand; walk; sit; use hands to handle, or feel objects, tools or controls; reach with hands and arms; climb stairs; balance; stoop; kneel, crouch or crawl; talk or hear.
• The employee must occasionally lift and/or move up to 25 pounds.
• Specific vision abilities required by the job include close vision, distance vision, color vision, peripheral vision, depth perception and the ability to focus.

Working Conditions: