Employee Benefits and Compensation

Our Practice

We can help you develop effective solutions for any problem you may have in compensating or incentivizing your executives. We routinely address issues arising under the Employee Retirement Income Security Act of 1974 ("ERISA"), the Internal Revenue Code, the Consolidated Omnibus Budget Reconciliation Act ("COBRA"), the Health Insurance Portabily and Accountability Act of 1996 ("HIPAA"), 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, the Securities Exchange Act of 1934, and the recent health care reform law (the Patient Protection and Affordable Care Act or "PPACA").

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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

Our employee benefits and compensation practice is one of the largest in the Southwest with nine 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.

Publications

Our attorneys prepare timely and comprehensive updates on the latest employee benefits and compensation developments. These updates are provided at no cost to clients and friends of Snell & Wilmer. Recent publications include:

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New Attorney Training

Each of our new attorneys participate 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 plans
  • Deferred compensation agreements and plans
  • Option plans
  • Employment agreements
  • General contract drafting
  • ADR provisions
Continuing Learning Education (CLE) Programs

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

  • ABA Section of Taxation 2009 May Meeting (May 2009)
  • ABA Section of Taxation 2009 Midyear Meeting (January 2009)

Marvin "Bucky" Swift, Jr.

  • "Understanding the Dodd-Frank Act What Does It Mean For Public Companies" - Speaker, Snell & Wilmer (August 2010)
  • "Analysis of Important Changes to Employee Benefits, Fraud and Abuse and Non-Profit Hospital Transparency" - Speaker, Snell & Wilmer (May & June 2010)
  • "The Effects of Health Care Reform on Small Businesses and Their Employees" - Speaker, Arizona Small Business Association (April 2010)
  • "Employee Benefits and Tax Implications of Health Care Reform" - Speaker, Snell & Wilmer (April 2010
  • "409A Document Correction Program Under Notice 2010-6" - Speaker, Western Pension & Benefits Conference (January 2010
  • "Federal Securities Law for Employee Benefits Lawyers" - ABA JCEB (February 2009)
  • "New Return Preparer Penalty Rules" - Snell & Wilmer (February 2009)

Nancy Campbell

  • "Health Care Reform: Overview and Analysis" - ABA Section of Taxation (May 2010)
  • "Health and Welfare Update - A Review of Health Care Reform Legislation and Other Changes Impacting Employer Plans" - Speaker, Western Pension Benefits Conference (April 2010)
  • "Health Care Reform: What Employers Need to Know Now!" - ABA JCEB (April 2010)
  • "Health Care Reform: Analysis of Health Plan Changes for Employee Benefits, Employment & Business Lawyers" - ALI-ABA (April 2010)
  • "Health Care Reform" - Western Pension & Benefits Conference (April 2010)
  • "Recent Laws Impact Health and Welfare Plans - What Must Employers Do To Comply?" - Speaker, Western Pension & Benefits Conference (October 2009)
  • "HDHPs, HSAs, HRAs, and Health FSAs: How to Design a Consumer Driven Health Care Program?" - Speaker, Western Pension & Benefits Conference - Phoenix Chapter (May 2009)
  • "Domestic Partner and Same-Sex Spouse Benefits - What Should Employers Do?" - Speaker, Western Pension & Benefits Conference - Salt Lake City Chapter (March 2009)
  • "Economic Stimulus and Children's Health Acts Require Immediate Action for Health Plans" - ABA JCEB (March 2009)
  • "Federal Securities Law for Employee Benefits Lawyers" - ABA JCEB (February 2009)
  • "COBRA Changes Under ARRA and Other Health Reform Legislation" - Buck Consultants (February 2009)

Denise Atwood

  • "Mental Health Parity - What the Future Holds for Health Insurance Coverage of Mental Health and Addiction Treatment Services" - ABA (July 2010)
  • "Health Care Reform: Analysis of Health Plan Changes for Employee Benefits, Employment & Business Lawyers" - ALI-ABA (April 2010)
  • "Health Care Reform" - Western Pension & Benefits Conference (April 2010)
  • "HIPAA HITECH Update for Group Health Plans" - ABA JCEB (March 2010)
  • "The New Interim Final Rule on GINA Protection, the Mental Health Parity Law and CHIPRA" - ABA JCEB (October 2009)
  • "Update on Health Care Reform" - ABA JCEB (October 2009)
  • "Economic Stimulus and Children's Health Acts Require Immediate Action for Health Plans" - ABA JCEB (March 2009)
  • "How to Ensure That Your Group Health Plans are HIPAA Compliant," - Speaker, Lovitt & Touche (February 2009)
  • "Federal Securities Law for Employee Benefits Lawyers" - ABA JCEB (February 2009)
  • "Health Plans Update: HIPAA, Cafeteria Plans and Other Welfare Plan Issues" - ALI-ABA (February 2009)

Anne M. Meyer

  • "Mental Health Parity: What the Future Holds for Health Insurance Coverage of Mental Health and Addiction Treatment Services" - ABA Center for CLE (July 2010)
  • ABA Section of Taxation 2010 May Meeting - ABA Section of Taxation (May 2010)
  • "Health Care Reform: What Employers Need to Know Now!" - ABA JCEB (April 2010)
  • ABA Section of Taxation and Section of Real Property, Trust & Estate Law, Division of Trust and Estate Law 2009 Joint Fall CLE Meeting - ABA Section of Taxation (September 2009)
  • ABA Section of Taxation 2009 May Meeting - ABA Section of Taxation (May 2009)
  • "Federal Securities Law for Employee Benefits Lawyer" - ABA JCEB (February 2009)
  • ABA Section of Taxation 2009 Midyear Meeting - ABA Section of Taxation (January 2009)

Sara Van Houten

  • "Health Care Reform: What Employers Need to Know Now!" - ABA JCEB (April 2010)
  • "New 409A Corrections Program Brings Penalty Tax Relief" - ALI-ABA (January 2010)
  • ABA Section of Taxation 2009 May Meeting - ABA Section of Taxation (May 2009)
  • "Federal Securities Law for Employee Benefits Lawyers" - ABA JCEB (February 2009)

Amanda Hines

  • "Experts’ Guide to Employee Benefits Research" - ABA JCEB (July 2010)
  • "Worker Classification: Employee Plans & Employment Tax Challenges" - ABA JCEB (June 2010)
  • "Health Care Reform: Analysis of Health Plan Changes" - ALI-ABA (April 2010)
  • "HIPAA HITECH Update for Group Health Plans" - ABA JCEB (March 2010)
  • "ERISA Litigation Hot Topics" - ABA-JCEB (October 2009)
  • "Economic Stimulus and Children's Health Acts Require Immediate Action for Health Plans" - ABA JCEB (March 2009)
  • "Health Plans Update: HIPAA, Cafeteria Plans and Other Welfare Plan Issues" - ALI-ABA (February 2009)
  • "Federal Securities Law for Employee Benefits Lawyers" - ABA JCEB (February 2009)

Greg Gautam

  • "Experts’ Guide to Employee Benefit Research 2010" - ABA JCEB (July 2010)
  • "Worker Classification: Employee Plans & Employment Tax Challenges" - ABA JCEB (June 2010)
  • "Empowering Ourselves Through Challenges: Then and Now" - 2010 Minority Bar Convention, State Bar of Arizona (April 2010)
  • "Health Care Reform: What Employers Need to Know Now!" - ABA JCEB (April 2010)
  • "Health Care Reform" - Western Pension & Benefits Conference (April 2010)
  • "New 409A Corrections Program Brings Penalty Tax Relief" - ALI-ABA (January 2010)
  • "ERISA Litigation Hot Topics" - ABA JCEB (October 2009)
  • "Course on Professionalism" - State Bar of Arizona (May 2009)
  • "Federal Securities Law for Employee Benefits Lawyers" - ABA JCEB (February 2009)
  • "Health Plans Update: HIPAA, Cafeteria Plans and Other Welfare Plan Issues" - ALI-ABA (February 2009)
  • "Section 409A Proposed Income Inclusion Regulations: Revealing the Real Sting of 409A" - BNA (January 2009)

Eva Kerr

  • "Mental Health Parity: What the Future Holds for Health Insurance Coverage of Mental Health and Addiction Treatment Services" - ABA (July 2010)
  • "Experts’ Guide to Employee Benefits Research 2010" - ABA JCEB (July 2010)
  • "409A Correction Workshop: Step-By-Step Demonstrations of Both Documentary and Operational Corrections" - ALI-ABA (July 2010)
  • "Worker Classification: Employee Plans and Employment Tax Challenges" - ABA JCEB (June 2010)
  • "Health Care Reform: An In-Depth Analysis for Employer-Sponsored Plans" - ALI‑ABA (May 2010)
  • "Health Care Reform: What Employers Need to Know Now!" - ABA JCEB (April 2010)
  • "Health Care Reform: Analysis of Health Plan Changes for Employee Benefits, Employment & Business Lawyers" - ALI-ABA (April 2010)
  • "Employment Issues and the IRS: Why All Employers Should Review Employee-Related Plans and Practices Now" - West LegalEdCenter (January 2010)
  • "Economic Stimulus and Children’s Health Acts Require Immediate Action for Health Plans" - ABA JCEB (March 2009)
  • "Federal Securities Law for Employee Benefits Lawyers" - ABA JCEB (February 2009)
  • "Section 409A Proposed Income Inclusion Regulations: Revealing the Real Sting of 409A" - BNA (January 2009)
  • "Federal Securities Law for Employee Benefits Lawyers" - ABA JCEB (February 2009)

Our Clients

Our clients range from national and international corporations with thousands of employees to incorporated professionals and small businesses.

Our Experience

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.

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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 ("EPCRS")
  • 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

Internal Revenue Service
Pension Benefit Guaranty Corporation
Social Security Administration
U.S. Department of Health and Human Services
U.S. Department of Labor