Charles Pergue – Partner, ERISA & Employee Benefits


1350 Broadway, Suite 1400
New York, NY 10018
Phone: (212) 871-0532
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“Solving complex legal problems in the employee benefits area requires a sophisticated analysis of the law. But the legal advice must be practical if it is to be useful to the client and capable of implementation. Offering practical solutions to complex problems is the hallmark of an experienced employee benefits lawyer.“

Charles Pergue is a Partner and employee benefits lawyer at Cary Kane LLP. He has practiced employee benefits law for almost 25 years. Prior to joining the firm, Mr. Pergue was a partner at Vladeck, Waldman, Elias & Engelhard, P.C., where he practiced law on behalf of Taft-Hartley multiemployer pension, welfare, annuity and legal services plans. Mr. Pergue was also an associate at Epstein Becker & Green, P.C., where he drafted plan documents to ensure compliance with applicable laws and regulations on behalf of single employer pension plans, deferred compensation arrangements and 401(k) plans. Before becoming an employee benefits lawyer, Mr. Pergue was a paralegal for four years in the employee benefits department of Epstein Becker & Green, P.C.

Mr. Pergue is an Enrolled Actuary (retired) and worked as an actuary for six years before becoming an attorney. He was an Actuarial Assistant at William Mercer, Inc., A.S. Hansen, Inc. and other companies.

Mr. Pergue has extensive experience with multiemployer jointly administered pension, welfare, annuity, profit sharing and legal services funds. He also represents individuals seeking redress under ERISA for denial of plan benefits. Mr. Pergue regularly drafts plan documents, including plans, summary plan descriptions, trust agreements, participation agreements, investment guidelines, collection guidelines, QDRO and QMCSO procedures. He also prepares applications to the IRS seeking determination of qualification. He regularly provides advice to trustees regarding their fiduciary duty as it pertains to administration of the plan, investment of assets, claims review, and relationships with service providers.

Mr. Pergue has extensive experience with the collection of contributions and withdrawal liability. He also litigates on behalf of plans defending against claims alleging breach of fiduciary duty or improper denial of benefits. Mr. Pergue is licensed to practice law in the State of New York. He is also admitted to the United States Court of Appeals for the Second Circuit and the United States District Courts for the Southern and Eastern Districts of New York.

Mr. Pergue has volunteered his professional time to various organizations acting in the public interest. He has served as a volunteer attorney for Legal Services for the Elderly, which provides free legal services to socially and economically needy individuals. He has also served as a volunteer attorney for Lawyers for the Arts, which provides free legal services to the arts community of New York City.

Mr. Pergue is a member of the Association of the Bar of the City of New York and has served on the Employee Benefits Committee. He is a member of the AFL-CIO Lawyers Coordinating Committee. He received his BS degree, with a major in mathematics and a minor in statistics, from the Polytechnic Institute of New York. He earned his law degree from New York Law School.


Education:

  • New York Law School, J.D., 1991
  • Polytechnic Institute of New York, B.S., 1979

Bar Admission:

  • 1992 New York

Court Admissions:

  • 1995 U.S. District Court, Southern District of New York
  • 1995 U.S. District Court, Eastern District of New York
  • 2002 U.S. Court of Appeals, Second Circuit

Bar Affiliations:

  • Association of the Bar of the City of New York, past member of Employee Benefits Law Committee
  • AFL-CIO Lawyers Coordinating Committee

Other Affiliations: