A team of Ballard Spahr attorneys advised the Lower Merion Board of Commissioners that the township’s deferred compensation plan is permissible under the Commonwealth’s Fiscal Code. In a memo to the township manager, attorneys John P. McLaughlin, Brian M. Pinheiro, and Jonathan M. Calpas said “the Pennsylvania General Assembly provides each political subdivision of the Commonwealth the ability to structure its own affairs with respect to deferred compensation plans.”

“Thus, for example, some political subdivisions may wish to provide a more generous deferred compensation plan (which may include a non-elective employer contribution) in conjunction with a less generous defined benefit plan, while other political subdivisions may choose the converse,” the attorneys said in the memo.