James K. Cook

James K. Cook, who died in 2023 at age 96, was an early practitioner and leader in the evolving area of employee benefits relating particularly to union plans under the Employee Retirement Income Security Act of 1974 (“ERISA”). Jim was inducted in 2000 as a Charter Fellow of the American College of Employee Benefits Counsel (the “College”).

A member of the “greatest generation,” Jim was drafted at age 18 into the military, served in the Army-Air Force intelligence during World War II, and in the Allied occupation of Germany. Jim graduated in 1949 with a degree in economics from Oberlin College in Ohio and earned his J.D. in 1956 from St. Louis University School of Law.

Upon graduation from law school, Jim began his legal career with a St. Louis, MO bank trust department. That same year Jim was a founding partner of Schuchat, Cook & Werner, a union side labor law firm in St. Louis. Known for treating his fellow attorneys with respect and collegiality, Jim continued to work with the other founding partners to develop and expand the firm over the years. From the beginning of the firm, Jim became the employee benefits “department” when labor unions and employer associations were establishing multiemployer pension and welfare plans. Jim strongly believed that the marvel of the Taft-Hartley Act (also known as the Labor Management Relations Act of 1947) which established jointly-trusteed benefit plan funds was that the union and employer representatives could put aside their, at times, adversarial relationship when they entered a trust fund meeting to perform trust fund business. In representing these boards of trustees, Jim understood that the basis of a strong attorney-client relationship was trust. Jim’s knowledge of the law and innate courtesy to all parties earned him the respect and confidence of both the union and management trustees.

A creative ERISA attorney, Jim focused his work with union plans providing various benefits for working people and their families. Jim worked with many retirement funds as they grew from relatively small into much larger plans with diversified investments and participant-directed investing. He educated participants about the advantages of retaining accounts in the employer plan after leaving employment rather than taking an immediate distribution or making a rollover. As the multiemployer plan world grew with ERISA, Jim helped establish some of the first multiemployer 401(k) plans. He also helped clients develop supplemental unemployment funds to assist workers who faced periodic unemployment.

Jim was a leader in the legal community as well as for labor and management representatives in the challenging implementation of ERISA. He was a founding member of the Employee Benefits Committee of the Labor Law Section of the American Bar Association (“ABA”), served as its union co-chair from 1975-1978, and was an active member for many years. In the early days, Jim recalled that the Benefits Committee consisted of about 30 members who met once a year. Thanks to the work of Jim and others, the Benefits Committee added many professional activities and grew its meeting attendance to over 250. Jim also served as the union co-chair of the Legislative and Administrative Oversight subcommittee and co-chair of the Committee on Pension, Welfare and Related Plans. He was active in the ABA Section of Labor Relations Law, speaking on employee benefits and the new law in 1975. In addition to being a College Fellow, Jim was elected to the College of Labor and Employment Lawyers.

A beloved senior partner in his firm, his calm reassuring voice was welcomed when difficult issues were faced by the clients or attorneys. He was a friend and mentor to the other ERISA attorneys in his firm, including College Fellows Jim Singer and Rhona Lyons who indicated that Jim was known in the firm and the larger legal community for his hard work and integrity in the practice of law. Jim gave freely of his time when outside attorneys called to consult on ERISA matters. College Fellow Howard Shapiro, who spent time with Jim on the Benefits Committee, called Jim a treasure for his contributions to the employee benefits community and an inspirational force who, with unflappable charm and grace at all times, mentored many young attorneys.

A man of many interests and outside activities, Jim’s contributions to his community included helping establish the St. Louis-based World Bird Sanctuary (formerly, the Raptor Rehabilitation Center). College Fellow Susan Katz Hoffman recalled him as a good friend and an avid and competitive tennis player. He was regarded as, not only a great lawyer, but a good and special human being, known particularly for his support of union workers.


Photo Source: The Decade Book, American College of Employee Benefits Counsel 2000-2010