Working from the Birmingham office, Ms. Powers represents employers in all aspects of employee benefits and executive compensation matters, including the design and administration of tax-qualified retirement plans, health and welfare benefit plans, and non-qualified executive compensation and equity plans. She previously served as an Adjunct Professor of Employee Benefits Law at the University of Alabama's Hugh F. Culverhouse Jr. School of Law.
Ms. Powers' practice focuses heavily on issues related to controlled and affiliated service groups of employers. She helps create solutions for benefits issues that arise in complicated organizational structures, such as nondiscrimination testing, Qualified Separate Line of Business (QSLOB) filings, and Multiple Employer Welfare Arrangement (MEWA) analysis. Ms. Powers has significant experience representing third-party administrators (TPAs) and employers with respect to administrative service agreements and ERISA compliance. Her practice includes employers in a variety of industries, with a focus on health care, manufacturing, and REITs.
Ms. Powers is a frequent speaker and commentator on the Affordable Care Act and other health plan issues, where she applies a practical, business-like approach to compliance. She believes that it is essential to understand the client's business in order to provide useful guidance. To better grasp the issues facing her clients, Ms. Powers provides no-fee, in-person initial consultations and keeps up to date by monitoring trade and industry news and legislation.
Her practice also includes advising employers and others on ERISA fiduciary compliance issues for both retirement and welfare benefits. She frequently advises administrative committees on fiduciary best practices and represents clients in IRS and U.S. Department of Labor audits and investigations, as well as pursuing corrections under the Employee Plans Compliance Resolution System (EPCRS) and Voluntary Fiduciary Correction Program (VFCP).
Ms. Powers oversees the design and implementation of equity and synthetic (phantom) equity programs to compensate executives in both established and startup companies. She routinely works with buyers and sellers to coordinate benefits issues in mergers and acquisitions, including retirement plan mergers, change of control payments, and mid-year health plan issues. Ms. Powers also provides counsel with respect to executive compensation issues for both for-profit and tax-exempt entities. This advice includes analysis of and compliance with Internal Revenue Code §§ 409A, 162(m), and 280G (golden parachute).