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Employee Benefits and Compensation

Our Practice - What We Do
We can help you develop effective solutions for any problem you may have in compensating or incentitivizing your executives. We routinely address issues arising under the Employee Retirement Income Security Act of 1974 (“ERISA”), the Internal Revenue Code, the Family and Medical Leave Act (“FMLA”), the Age Discrimination in Employment Act (“ADEA”), the Americans with Disabilities Act (“ADA”), the Securities Act of 1933 and the Securities Exchange Act of 1934.Our Employee Benefits and Compensation attorneys work with the following:

  • Cash balance plans
  • 401(k) plans
  • Change of control agreements
  • Creative use of limited liability companies in executive compensation
  • Deferred compensation plans
  • Defined benefit and defined contribution plans
  • Employee stock ownership plans (ESOPs)
  • Executive employment agreements
  • Flexible compensation plans
  • “Non-qualified” plans
  • Phantom stock plans
  • Supplemental executive retirement plans (SERPs)
  • Stock and cash-related executive compensation programs
  • Stock options
  • Split-dollar insurance agreements
  • Subsidiary equity programs
  • Tracking share plans
  • Welfare benefit plans.

Our Attorneys - Who We Are
Our employee benefits and compensation practice is one of the largest in the Southwest with eight full-time benefits attorneys. In order to provide superior service to our diverse client base, a number of our attorneys focus on specific areas of our practice. Due to our size and focus, cost-effective, sophisticated solutions to even the most complex problems are often only a phone call away.We place a real emphasis on training and sharing our years of experience. All of our attorneys have access to our resource bank, participate in weekly update meetings and attend concentrated continuing legal education programs each year.

Resource Bank
In order to enable all of our attorneys to take advantage of the experience of the other attorneys in our group, we maintain an extensive bank of research and forms. This “resource bank” is available on every attorney’s computer desktop and contains research on hundreds of issues and countless forms.

Weekly Updates
We hold weekly update sessions in which all of our attorneys are briefed on the latest developments.

New Attorney Training
Each of our new attorneys participates in a rigorous training program during his or her first few years of practice. Topics covered include:

  • Scope and coverage of ERISA
  • Qualified plan concepts and drafting
  • 401(k) plans – special issues
  • Defined contribution plans
  • Defined benefit plans
  • Plan submissions
  • QDROs and QMCSOs
  • Fiduciary responsibility
  • Section 404(c) compliance
  • Participant loans
  • Reporting and disclosure
  • ERISA preemption
  • COBRA
  • Cafeteria plans
  • Participant education
  • Non-qualified investment plans
  • Deferred compensation agreements and plans
  • Option plans
  • Employment agreements
  • General contract drafting
  • ADR provisions.
CLE Each of our attorneys is encouraged and expected to continue his or her professional development by attending continuing legal education programs. Some of the more recent programs attended, or spoken at, include the following:

Tom Hoecker
  • "Section 409A - Scope and Coverage" - American Corporate Counsel Association (March 2006)
  • "Here Comes the Sun: The SEC's New Executive Pay Proposals" - ABA Joint Committee on Employee Benefits (March 2006)
  • "Managing Fiduciary Risk" (Speaker) - Western Pension & Benefits Conference (Phoenix Chapter)
Marvin “Bucky” Swift, Jr.
  • "Executive Compensation Disclosure: What You Need to Know Now" - ABA-CLE (September 2006)
  • "Executive Compensation: Strategy, Design & Implementation" - ALI-ABA (June 2006)
  • "Section of Taxation May Meeting" - ABA (May 2006)
  • "Here Comes the Sun: The SEC's New Executive Pay Proposals" - ABA Joint Committee on Employee Benefits (March 2006)

Nancy Campbell
  • “Proposed Hybrid Plan Regulations: What Does it Mean for Plan Sponsors" - ABA JCEB (February 2008)
  • "New DOL Service Provider Fee Disclosure Rules: You Must Ask: They Must Tell" - ABA JCEB (February 2008)
  • "Employee Benefits Welfare Benefits Design, Funding and Regulation Update" - ABA Section of Taxation (January 2008)
  • "Employee Benefits Defined Contribution Plans/Electronic Plan Administration Update" - ABA Section of Taxation (January 2008)
  • "Employee Benefits Distributions Update" - ABA Section of Taxation (January 2008)
  • "Cash Balance Plan Developments" - ABA Section of Taxation (January 2008)
  • "Everyday Ethics:  A Practical Guide for Employee Benefits Counsel" - ABA Section of Taxation (January 2008)
  • "Hot Employee Benefits Topics" - ABA Section of Taxation (January 2008)
  • "Changes on the Horizon for Cafeteria Plans" - ABA Section of Taxation (January 2008)
  • "Blurring the Lines - Phasing In and Out of Employment" - ABA Section of Taxation (January 2008)
  • "Avoiding and Recovering 409A Fumbles" - ABA Section of Taxation (January 2008) 
  • "Autoenrollment and Default Investments: the New 401(k) Safe Harbors" - ABA JCEB (November 2007)
  • Employee Benefits Welfare Benefits Design, Funding and Regulation Update" - ABA Section of Taxation and Section of Real Property, Trust & Estate Law (September 2007)
  • "Employee Benefits Defined Contribution Plans/Electronic Plan Administration Update" - ABA Section of Taxation and Section of Real Property, Trust & Estate Law (September 2007)
  • "Employee Benefits Distributions Update" - ABA Section of Taxation and Section of Real Property, Trust & Estate Law (September 2007)
  • "Automatic Savings Savvy" - ABA Section of Taxation and Section of Real Property, Trust & Estate Law (September 2007)
  • "Hot Employee Benefits Topics" - ABA Section of Taxation and Section of Real Property, Trust & Estate Law (September 2007)
  • "Vendor Contracting - A Primer on the "Do's" and "Dont's" for Hiring Benefit Plan Service Providers" - ABA Section of Taxation and Section of Real Property, Trust & Estate Law (September 2007)
  • "The Final 409A Regulations and Employment Agreements" - ABA Section of Taxation and Section of Real Property, Trust & Estate Law (September 2007)
  • "New Proposed Cafeteria Plan Regs: IRS & Experts Analyze Changes" - ALI-ABA (September 2007)
  • "Section 409A: The Long Awaited Final Regulations" - ABA JCEB (April 2007)
  • "New Rules for Health Savings Accounts (HSAs): What Changes Are Allowed and How and When Should We Make Them?" - EBIA (January 2007)
  • "Holiday Gifts for Health Plan Sponsors: Final HIPAA Non-Discrimination Regulations, Wellness Plans and New HSA Opportunities" - ABA-JCEB (January 2007)
  • "What Pension Reform Does for Pension and Their Spouses: Defined Benefit Plan Issues in the Pension Protection Act of 2006" - ABA-JCEB (September 2006)
  • "The Sereboff Case: Supreme Court Upholds Subrogation Rights of ERISA Health Plans" - ABA-JCEB (June 2006)
  • "Duty to Disclose: A New Frontier in Fiduciary Responsibility?" - ABA Joint Committee on Employee Benefits (May 2006)
  • "Here Comes the Sun: The SEC's New Executive Pay Proposals" - ABA Joint Committee on Employee Benefits (March 2006)
  • "Seizing Opportunities and Sidestepping Pitfalls: Drafting Welfare Plan Documents" - ABA Joint Committee on Employee Benefits (March 2006)
  • "Employee Benefits: Controlling the Claims Process" - ABA Section of Taxation - Midyear Meeting (February 2006)
  • "Employee Benefits - The New IRS Compliance Procedures" - ABA Section of Taxation - Midyear Meeting (February 2006)
  • "Employee Benefits - Hot Topics" - ABA Section of Taxation - Midyear Meeting (February 2006)

 Denise Atwood
  • "The New Genetic Information Non-Discrimination Act and its Impact on the Workplace" - ABA (June 2008)
  • "You May Be a Tax Return Preparer and Not Know It: The Latest on the New Return Preparer Standards and Proposed Regulations" - ABA Section of Taxation (April 2008)
  • "Retiree Medical Benefits After Erie County: HIPAA, ADEA, Medicare Coordination and ERISA Compliance Issues" - ABA JCEB (April 2008)
  • “The Supreme Court’s LaRue Decision: What’s the Next Generation of 401(k) Litigation?” - ABA JCEB (April 2008)
  • “State Health Benefit Requirements – What’s a Multi-State Employer to Do?” - ABA JCEB (March 2008)
  • "New DOL Service Provider Fee Disclosure Rules: You Must Ask: They Must Tell" - ABA JCEB (February 2008)
  • "Experts’ Guide to Employee Benefits Research" - ABA JCEB (January 2008)
  • "2007 Joint Fall CLE Meeting" - ABA Section of Taxation and Real Property, Trust and Estate Law (September 2007)
  • "Apology and the Resolution of Employment Disputes" - State Bar of Arizona (September 2007)
  • "New Proposed Cafeteria Plan Regs: IRS & Experts Analyze Changes" - ALI-ABA (September 2007)
  • "Do You Have to Pay a Royalty on Your ERISA and Tax Advice?" - ABA JCEB (June 2007)
  • "Section 409A: The Long Awaited Final Regulations" - ABA JCEB (April 2007)
  • "Follow the Money: DOL Initiatives and New Litigation on Service Provider Revenue Sharing" - ABA JCEB (March 2007)
  • "All The Latest Welfare Plan Developments That's Fit To Print" - Speaker, Western Pension & Benefits Conference (February 2007)
  • "Legal Issues to Consider When Drafting a Wellness Program" - Speaker, Western Pension & Benefits Conference (January 2007)
  • "New Rules for Health Savings Accounts (HSAs): What Changes Are Allowed and How and When Should We Make Them?" - EBIA (January 2007)
  • "Holiday Gifts for Health Plan Sponsors: Final HIPAA Non-Discrimination Regulations, Wellness Plans and New HSA Opportunities" - ABA-JCEB (January 2007)
  • "Cash Balance Plans: What is Left After the Litigation?" - ABA-JCEB (August 2006)
  • "Advising Clients Under the Pension Protection Act of 2006" - ALI-ABA (August 2006)
  • "The Sereboff Case: Supreme Court Upholds Subrogation Rights of ERISA Health Plans" - ABA-JCEB (June 2006)
  • ABA Section of Taxation - May Meeting (May 2006)
  • "Take Control - And Let Go Balancing Life and Law" - State Bar of Arizona (April 2006)
  • "Health Plans, HIPAA and COBRA Update" - ALI-ABA (April 2006)
  • "Seizing Opportunities and Sidestepping Pitfalls: Drafting Welfare Plan Documents" - ABA Joint Committee on Employee Benefits (March 2006)
  • ABA Section of Taxation - Midyear Meeting (February 2006)
  • "After Enron: Employer Stock in 401(k) Plans" - ABA Joint Committee on Employee Benefits (January, 2006)
Anne M. Meyer
  • "ABA Section of Taxation 2007 May Meeting" - ABA Section of Taxation (May 2007)
  • "Section 409A: The Long-Awaited Final Regulations" - ABA-JCEB (April 2007)
  • "2007 Employee Benefits Update" - Snell & Wilmer (March 2007)
  • "ABA Section of Taxation 2007 Midyear Meeting" - ABA Section of Taxation (January 2007)
  • "What Pension Reform Does for Pensions and Their Spouses: Defined Benefit Plan Issues in the Pension Protection Act of 2006" - ABA-JCEB (September 2006)
  • "Advising Clients Under the Pension Protection Act of 2006" - ALI-ABA (August 2006)
  • "Current Pension and Employee Benefits Law and Practice" - ALI-ABA (July 2006)
  • "The Sereboff Case: Supreme Court Upholds Reimbursement Rights of ERISA Health Plans" - ABA-JCEB (June 2006)
  • "Here Comes the Sun: The SEC's New Executive Pay Proposals" - ABA Joint Committee on Employee Benefits (March 2006)
Sara Van Houten
  • "Section 409A Compliance & Proxy Statements" - ALI-ABA (February 2008)
  • "Experts Guide to Employee Benefits Research" - ABA Joint Committee on Employee Benefits (January 2008)
  • "ABA Section of Taxation 2008 Midyear Meeting" - ABA Section of Taxation (January 2008)
  • "International Employee Benefits: Review & Update" - ABA Joint Committee on Employee Benefits (September 2007)
  • "Section 409A Interactive Workshop on Compensation Plans" - ALI-ABA (August 2007)
  • "Executive Compensation (Strategy, Design, and Implementation)" - ALI-ABA (June 2007)
  • "Section 409A: The Long-Awaited Final Regulations" - ABA Joint Committee on Employee Benefits (April 2007)
  • "Holiday Gifts for Retirement Plans: Year-End Guidance Under PPA" - ABA Joint Committee on Employee Benefits (February 2007)
  • "Health & Disability Plans: Everything You Always Wanted to Know but Were Too Busy to Ask (ERISA Basics Series)" - ABA Joint Committee on Employee Benefits (October 2006)
  • "Executive Compensation Disclosure: What You Need to Know Now" - ABA Center for Continuing Legal Education (September 2006)
  • "Recent Deferred Compensation Changes - You've Heard From the Treasury, What it Means to You - Impact on Severance, Change in Control Arrangements and Transactions" - PLI Online (September 2006)
  • "What Pension Reform Does for Pensions and Their Sponsors: Defined Benefit Plan Issues in the Pension Protection Act of 2006" - ABA Joint Committee on Employee Benefits (September 2006)
  • "Protecting ERISA Fiduciaries, Employers, and Administrators from the Benefit Plan Risks and Liabilities ERISA, Sarbanes-Oxley, Circular 230, and other Hobgoblins" - ALI-ABA (June 2006)
  • "Duty to Disclose: A New Frontier in Fiduciary Responsibility?" - ABA Joint Committee on Employee Benefits (May 2006)
  • "Seizing Opportunities and Sidestepping Pitfalls: Drafting Welfare Plan Documents" - ABA Joint Committee on Employee Benefits (March 2006)
  • "Here Comes the Sun: The SEC's New Executive Pay Proposals" - ABA Joint Committee on Employee Benefits (March 2006)
  • "Employee Benefits Update for 2006" - ABA Center for Continuing Legal Education (February 2006)
  • "After Enron: Employer Stock in 401k Plans" - ABA Joint Committee on Employee Benefits (January 2006)

Megan Thiel
  • "Section 409A Compliance & Proxy Statements" - ALI-ABA (February 2008)
  • "Experts Guide to Employee Benefits Research" - ABA Joint Committee on Employee Benefits (January 2008)
  • "COBRA Compliance for Group Health Plans" - Employee Benefits Institute of America (December 2007)
  • "ERISA Compliance for Health & Welfare Plans" - Employee Benefits Institute of America (December 2007)
  • "Cafeteria Plans Modules 1 and 2" - Employee Benefits Institute of America (December 2007)
  • "401(k) Plans Modules 1 and 2" - Employee Benefits Institute of America (December 2007)
  • "Auto-Enrollment and Default Investments: The New 401(k) Safe Harbors" - ABA Joint Committee on Employee Benefits (November 2007)
  • "New 409A Developments: What to Do Before Year End" - ABA Joint Committee on Employee Benefits (October 2007)
  • "New Proposed Cafeteria Plan Regs.: IRS & Experts Analyze Changes" - ALI-ABA (September 2007)
  • "Section 409A: The Long-Awaited Final Regulations" - ABA Joint Committee on Employee Benefits (April 2007)
  • "Health & Disability Plans: Everything You Always Wanted to Know but Were Too Busy to Ask (ERISA Basics Series)" - ABA Joint Committee on Employee Benefits (October 2006)
  • "The DC Provisions of the Pension Protection Act - Laying the Groundwork for Tomorrow's 401(k)" - Western Pension and Benefits Conference (September 2006)
  • "What Pension Reform Does for Pensions and Their Sponsors: Defined Benefit Plan Issues in the Pension Protection Act of 2006" - ABA (September 2006)
  • "Advising Clients Under the Pension Protection Act of 2006" - ALI-ABA (August 2006)
  • "The Sereboff Case: Supreme Court Upholds Reimbursement Rights of ERISA Health Plans" - ABA Joint Committee on Employee Benefits (June 2006)
  • "Duty to Disclose: A New Frontier in Fiduciary Responsibility?" - ABA Joint Committee on Employee Benefits (May 2006)
  • "To Roth or Not: Recent Guidance on Roth 401(k) Arrangement" - ABA Joint Committee on Employee Benefits (April 2006)
  • "Fundamentals of Employee Benefits Law" - ALI-ABA (March 2006)
  • "Here Comes the Sun: The SEC's New Executive Pay Proposals" - ABA Joint Committee on Employee Benefits (March 2006)
  • "Employee Benefits Update for 2006" - ABA Joint Committee on Employee Benefits (February 2006)
  • "Domestic Relations Basics: QDROs and QMCSOs" - ABA Joint Committee on Employee Benefits (January 2006)
Amanda Hines
  • "Section 409A Compliance & Proxy Statements" - ALI-ABA (February 2008)
  • "Employee Benefit Considerations in Domestic Relations Matters: QDROs and QMSCOs" - ABA Joint Committee on Employee Benefits (February 2008)
  • “Experts’ Guide to Employee Benefits Research” – ABA Joint Committee on Employee Benefits (January 2008)
  • “401(k) Plans Module 1” and “401(k) Plans Module 2” – EBIA (December 2007)
  • “Auto-Enrollment and Default Investments: the New 401(k) Safe Harbors” - ABA Joint Committee on Employee Benefits (November 2007)
  • “Seminar on Demand – Safe Harbor 401(k) Plans and New PPA Options for 2008 – Western Pension and Benefits Conference (October 2007)

Our Clients - Who We Represent
Our clients range from national and international corporations with thousands of employees to incorporated professionals and small businesses.

Our Experience - What We've Done
We have addressed nearly every issue that an employer will face in designing and administering its benefits and compensation programs. Our well-trained younger attorneys are able to address most of the problems an employer will face in a very cost-effective manner. Our more experienced attorneys are available to address the most complicated and sophisticated issues. Snell & Wilmer’s capabilities in the Business and Finance, Litigation, and Labor and Employment areas also set us apart from most other benefits and compensation practitioners. By teaming with our talented attorneys in these related areas, we can effectively address a wide range of issues that may confront our clients.

Representative Projects/Transactions
The following is a list of projects handled by Employee Benefits and Compensation attorneys:

  • Advice and counsel in developing company employee benefit plans and policies, implementing and updating employee benefit plans and obtaining favorable government rulings, determination letters, opinion letters, exemptions, etc., with respect to such plans
  • Counsel on correcting qualified plan defects through the Employee Plans Compliance Resolution System
  • Counsel on benefits issues in corporate transactions
  • Counsel on welfare plan issues including COBRA continuation coverage, retiree medical issues and deduction rules applicable to contributions to welfare benefit funds
  • Counsel to financial institutions as trustee for benefit and pension plans
  • Counsel on developing a strategy for compensating executives and drafting various executive compensation arrangements, such as non-qualified deferred compensation plans, change of control agreements, equity incentive plans, and cash bonus arrangements
  • Counsel publicly-held clients on establishing executive compensation plans that are exempt from the $1 million limitation under Code Section 162(m)
  • Counsel corporations on developing broad-based employee stock option and stock purchase programs, including coordinating non-U.S. registration for foreign employees.

External Links
Internal Revenue Service
Social Security Administration
U.S. Department of Labor

Related Information

Employee Emergency Link
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