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Keeping SERPs out of the 409A Penalty Box: How to Safeguard Supplemental Executive Retirement Plans (SERPs) Under Section 409A at All Stages



Wednesday, September 14, 2011
Product Code - LGAU02
Speaker(s): Regina Olshan, Skadden, Arps, Slate, Meagher & Flom, LLP; Mark Wincek, Kilpatrick Townsend & Stockton LLP; Elizabeth Drigotas, Deloitte Tax LLP
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Because they have relatively few moving parts, SERPS appear simple – but unfortunately the Section 409A analysis of the SERPs is complex, presenting significant tax risk in a variety of circumstances and at various stages of their lifecycle. Understanding key sources of risk and how to navigate around them is essential to safeguarding SERPs under 409A. Join us on September 14 for Keeping SERPs out of the 409A Penalty Box, as our expert panel identifies common 409A pitfalls for SERPs and provides practical tips for accomplishing plan objectives at all stages of the SERP lifecycle while avoiding 409A’s penalties.

Educational Objectives:

• Setting—and resetting—the terms of the SERP promise before it’s too late.
• The danger of linked plans.
• The risk of various approaches to crediting service under the SERP.
• Severance windows and SERP benefits.
• When and how to de-grandfather SERPs.
• Avoiding the hidden traps in SERP terminations.
• Avoiding SERP non-compliance with expats and inpats.

Who would benefit most from attending the proposed webinar?

In-house legal practitioners in the areas of tax and employee benefits/executive compensation, as well as HR professionals.

Regina Olshan, Skadden, Arps, Slate, Meagher & Flom, LLP; Mark Wincek, Kilpatrick Townsend & Stockton LLP; Elizabeth Drigotas, Deloitte Tax LLP

Regina Olshan,
Skadden, Arps, Slate, Meagher & Flom, LLP
New York, NY

Regina Olshan’s practice focuses on advising companies, executives and boards on navigating the regulatory complexities of executive compensation and benefits. This includes tax laws (including laws governing deferred compensation, golden parachute arrangements and deduction limitation rules) and securities laws (including reporting and disclosure requirements and registration issues).

In addition, Ms. Olshan regularly advises public companies, boards, private equity clients and members of management on executive compensation and benefits issues arising in the context of mergers, acquisitions, spin-offs, initial public offerings, restructurings and other extraordinary corporate events, including private equity and leveraged buyout transactions. She also regularly advises large public companies and individual senior executives on the adoption, revision, and negotiation of executive employment and severance agreements.

Ms. Olshan organized and led the successful effort by a coalition of more than 90 law firms requesting the extension of the original Internal Revenue Code section 409A compliance deadline. She is the author and editor of the Section 409A Handbook, lectures frequently on executive compensation issues, and has been quoted in various major publications on issues arising under Internal Revenue Code sections 409A and 457A, and other executive compensation matters.

Ms. Olshan was selected for inclusion in Chambers USA: America’s Leading Lawyers for Business 2011 and The Best Lawyers in America 2011.

Mark Wincek
Kilpatrick Townsend & Stockton LLP
Washington, DC

Mark D. Wincek is the leader of the Employee Benefits Practice Group of Kilpatrick Townsend. His practice concentrates on executive compensation, qualified plans and fiduciary matters, and it encompasses counseling, transactions and controversies.

Mr. Wincek is the author of the chapter on “SERPs and Excess Plans” in the BNA Books Section 409A Handbook, and his list of professional publications includes dozens of articles on compensation and benefits issues. In addition, Mr. Wincek is a former Adjunct Professor of Law at Georgetown University Law Center, a Charter Fellow of the American College of Employee Benefits Counsel, a member of the Editorial Advisory Board, Benefits Law Journal, a member of the ECFC Flex Advisory Council, and a member of the Tax Section of the American Bar Association, where he served as Chairman of the Statutory Welfare Benefits Subcommittee (1986-1990).

Mr. Wincek has been listed since 2005 in Chambers USA: America’s Leading Business Lawyers for Employee Benefits & Executive Compensation Law, as a “Leading Individual (Employee Benefits)” and as a member of a highly ranked Washington benefits practice. He also has been listed in The Best Lawyers in America for Employee Benefits Law since 2005, and he is ranked as a “leading expert” in the Legal 500 (Employee Benefits and Executive Compensation). He has been named a Washington “SuperLawyer” and has been listed as a “Top Lawyer” by Corporate Counsel. Mr. Wincek is a graduate of Boston College, receiving both his J.D., cum laude, in 1976, and his B.A., cum laude, in 1972.

Elizabeth Drigotas
Deloitte Tax LLP
Washington, DC

Elizabeth Drigotas is a Principal in the Washington DC office of Deloitte Tax LLP, focusing on employee benefits and executive compensation. Ms. Drigotas practices primarily in the areas of nonqualified deferred compensation and equity compensation, including in the context of mergers and acquisitions. Prior to joining Deloitte Tax, Ms. Drigotas worked as an Attorney Advisor in the Office of the Benefits Tax Counsel for the U.S. Treasury Department. During her tenure there, she participated in a number of regulatory projects including golden parachute regulations, incentive stock option regulations, and regulatory projects related to qualified plans. She is a frequent speaker and writer on issues concerning employee benefits and compensation, in particular on the implementation of section 409A.

Ms. Drigotas received an A.B. in History from Bowdoin College in Maine, and a J.D. from the University of North Carolina at Chapel Hill. She is a member of the Employee Benefits Committee, Section of Taxation, American Bar Association, the State Bar of Texas and the Maryland State Bar Association.