Employee Benefits and Executive Compensation
Even before the Employee Retirement Income Security Act (ERISA) was passed in 1974, McAfee & Taft has been a leader in the field of employee benefits and executive compensation. Our Employee Benefits and Executive Compensation Group is one of the largest of its kind and is respected nationally among employers, government officials, consultants, and other competitors. We represent clients of all sizes, including large publicly traded corporations with employees all over the United States. Our clients are diverse and work in various industries including utilities, transportation, manufacturing, entertainment, gaming, energy, retail, healthcare, education (including large universities), insurance, banking, television, radio, and various other economic segments.
Our employee benefits attorneys serve in leadership roles for various prominent benefits organizations, including the SouthWest Benefits Association in Dallas, Texas (two firm attorneys serve as past presidents); the Employee Benefits Institute of Kansas City; the American College of Employee Benefits Counsel; the American Bar Association’s Section of Taxation; the TE/GE Council; and the Oklahoma Employers Healthcare Alliance. Our attorneys also speak at conferences all over the country on benefit plan trends and compliance issues.
Together, our attorneys have extensive experience in all employee benefits and executive compensation matters, including:
- Qualified retirement plans
- Health and welfare plans, including Affordable Care Act compliance and COVID-19 issues
- Executive compensation, including compensation strategies, plan design, and compliance issues involving 409A
- ERISA litigation
- Plan fiduciary counseling
- Subrogation recovery services
- Multi-employer and collectively-bargained plans
- Mergers and acquisitions
- HIPAA, COBRA, USERRA
Specific areas of expertise
Retirement Plan Consulting, Design and Implementation
McAfee & Taft provides comprehensive consulting services related to the design, structure, alternative solution, implementation and administration of tax-qualified retirement plans, including pension plans, profit sharing plans, Code Section 401(k) plans, employee stock ownership plans, collectively-bargained pension plans, and church and governmental plans.
Our “clients first” philosophy allows us to provide a unique perspective when consulting and designing qualified employee benefit plans. Our focus is solely on what is best for the client, and our advice and analysis are centered exclusively on this approach.
Over the years, we have differentiated ourselves from others based on our expertise, experience and extensive client base. Each of these attributes allows us to provide clients with a thorough and complete analysis of their employee benefit matters. Such analysis is also enhanced by our close working relationship with the Internal Revenue Service and the Department of Labor. These relationships allow us to provide unique perspectives on plan design and structure, as well as to keep a close eye on potential new law changes, governmental interpretations, and court rulings. In turn, we are able to be extremely proactive in providing our clients with new innovative ideas and alternative plan designs.
Health & Welfare Plans
We have substantial expertise involving all aspects of health and welfare plan design and administration, including plan design and documentation, communication, funding, claims and litigation advice, and state law compliance issues. Our group also has experience in establishing funding vehicles for welfare benefits, including VEBAs.
We often coordinate with the clients’ other advisors in creating effective solutions to their health and welfare needs. We also provide advice regarding the implementation and administration of cafeteria plans, counseling regarding aspects of COBRA and HIPAA compliance, and client assistance in integrating their health and welfare plans with Medicare and Social Security.
Fiduciary Counseling
Given the complex and ever-changing nature of the business, our attorneys are frequently retained to provide ongoing counseling to clients regarding their plans. When new ideas and other options should be considered, we’re there to proactively provide employers with alternative plan designs. A mainstay of our counseling practice also involves ensuring that qualified plans retain their “qualified” status.
Our attorneys also frequently represent clients in complex fiduciary responsibility and prohibited transaction matters, both in counseling and litigation, including audits, investigations and other controversies involving the Department of Labor and the Internal Revenue Service.
We also have experience with respect to issues concerning investment of plan assets including fiduciary responsibility, plan asset rules and excise tax waivers.
Executive Compensation
We assist our clients in the design and implementation of a wide variety of executive compensation plans, including:
- Employment agreements
- Equity compensation programs, such as stock option plans, phantom stock plans, and restricted stock award plans
- Long-term incentive awards
- Supplemental retirement plans
- Protections for executives in the event of a takeover or other change in control.
We also help clients design funding vehicles for these arrangements.
Employee Benefits-Related Corporate Transactions
McAfee & Taft’s Employee Benefits attorneys regularly handle the employee benefits and compensation aspects of transactions for which the firm provides corporate and securities services. These transactions include:
- Mergers
- Acquisitions
- Buyouts
- Joint Ventures
- Spin-offs
- Divestitures
ERISA Litigation
Our ERISA litigation and controversy attorneys have extensive experience and expertise defending employers and insurers in all aspects of ERISA litigation, including:
- Administrative review proceedings
- Claims decisions
- Benefits lawsuits
- Subrogation/reimbursement actions
- Fiduciary litigation
- Protected rights litigation
Additionally, we handle litigation involving claims for prohibited transactions, alienation of benefits, plan service provider malpractice and withdrawal liability. We also represent plans, plan sponsors, administrators and fiduciaries in matters involving the Department of Labor, the Internal Revenue Service and the Pension Benefit Guaranty Corporation.
Our ERISA litigation attorneys practice closely with our employee benefits and labor and employment attorneys, bringing a richer perspective to these areas of practice. In an effort to protect our clients against future litigation, we provide valuable assistance regarding the design and implementation of employee benefit plans and regularly counsel client on ERISA compliance issues regarding fiduciary and other duties.
A differentiated approach
Just as no two employers are the same, neither are any two employee benefit plans. Our approach is to provide businesses and other organizations with customized plan options and the information they need to make informed business decisions.
The fact is that “boilerplate” and “cookie-cutter” programs simply don’t work in today’s environment, where employee benefits rules and regulations are constantly subject to change. That is why it is especially vital that employers be represented by attorneys with the experience, expertise, and proactive mindset to develop innovative solutions and to understand every plan alternative and consequence.
Given the depth and expertise of our Employee Benefits and Executive Compensation Group, McAfee & Taft also has the unique capability of providing a “team approach” to its client relationships. As a result of this structure, each member of our team can address a variety of issues either through their own experience or with the assistance and consultation of other group members.
When appropriate, we also work closely with clients’ accountants, actuaries and third party administrators. As a leader in the area of retirement and health plan design and administration, McAfee & Taft attorneys have developed significant working relationships with local, regional and national consulting and administrative firms.
The employee benefits world seems to change daily, and in order for our clients to fully take advantage of these changes, we take it upon ourselves to continually advise them about their options and alternatives.
In addition, McAfee & Taft holds complimentary Labor & Employment and Employee Benefits EmployerLINC legal webinars and seminars throughout the year.











Paralegals


Articles
401(k) matching for student loan payments finally arrives
McAfee & Taft ERISALINC | January 23, 2023Important new year-end changes impacting employers and their employee benefit plans
McAfee & Taft ERISALINC | December 28, 2022Overturning of Roe v. Wade creates challenging legal issues for self-funded health plan sponsors
McAfee & Taft ERISALINC | June 29, 2022DOL issues additional guidance on free over-the-counter COVID tests
McAfee & Taft ERISALINC | February 9, 2022Unanimous Supreme Court holds retirement plan fiduciaries must monitor and remove all imprudent investment options
ERISALINC | January 30, 2022New health plan disclosure requirements should bring more transparency
McAfee & Taft ERISALINC | January 9, 2022COVID vaccines: When is an employee’s vaccination status HIPAA-protected?
McAfee & Taft ERISALINC | October 11, 2021New health plan guidance regarding transparency regulations and last year’s budget act
McAfee & Taft ERISALINC | August 24, 2021Immediate employer action required as DOL issues guidance, model notices on COBRA subsidy program
McAfee & Taft EmployerLINC Alert | April 8, 2021Contribution limit for dependent care assistance programs temporarily increased
McAfee & Taft ERISALINC | March 19, 2021New IRS guidance provides even more flexibility for cafeteria plans, FSAs, and DCAPs
McAfee & Taft ERISALINC | February 23, 2021More details on transparency rules that apply in 2022 and beyond
McAfee & Taft ERISALINC | February 21, 2021Another ERISA stock-drop plaintiff meets icy reception by the courts
McAfee & Taft ERISALINC | February 16, 2021New mental health parity requirements effective February 10, 2021
McAfee & Taft ERISALINC | February 13, 2021Last week’s government funding bill = Significant new benefit plan rules
McAfee & Taft ERISALINC | January 4, 2021IRS provides guidance on SECURE Act provisions affecting certain safe harbor plans
McAfee & Taft ERISALINC | December 11, 2020RADICAL new transparency rules likely to apply to your health plan in one year
McAfee & Taft ERISALINC | December 6, 2020Employer health plans must pay the cost of a COVID-19 vaccine
McAfee & Taft ERISALINC | December 2, 2020New legislation focusing on retirement savings attempts to build on SECURE Act
ERISALINC | November 20, 2020Under final rule, 401(k) fiduciaries should be careful about green investing
McAfee & Taft ERISALINC | November 2, 2020Think about how your 401(k) policies and procedures might prevent and discover fraud
ERISALINC | October 25, 2020IRS announces relief for certain Form 1094/1095 reporting requirements
McAfee & Taft ERISALINC | October 15, 2020DOL proposes new proxy voting rule affecting retirement plan fiduciaries
ERISALINC | September 21, 2020New guidance regarding birth or adoption distributions from retirement plans
ERISALINC | September 13, 2020IRS provides tax filing relief for victims of Hurricane Laura
McAfee & Taft ERISALINC | September 4, 2020New documents impacting benefit plan administrators released
McAfee & Taft ERISALINC | April 30, 2020New coronavirus law allows new 401(k) distributions and loans
McAfee & Taft LINC Alert | March 27, 2020Repeal of Cadillac Tax, increase of RMD age included in end-of-year federal spending bill
McAfee & Taft EmployerLINC Alert | December 24, 2019Fiduciary Rule cancelled, subject to further appeal by DOL
McAfee & Taft EmployerLINC Alert | March 20, 2018IRS announces special relief to help victims of Hurricane Harvey
McAfee & Taft EmployerLINC | September 6, 2017New White House memorandum likely to result in delay of fiduciary rule
McAfee & Taft EmployerLINC | February 6, 2017Finally final: Rules offer guidance on how ADA and GINA apply to employer wellness programs
McAfee & Taft EmployerLINC | June 14, 2016ACA reporting deadline extended — but employers should stay focused to avoid penalties
McAfee & Taft EmployerLINC | January 25, 2016New ruling limits out-of-pocket expenses at individual level in 2016
McAfee & Taft EmployerLINC Update | July 8, 2015Supreme Court upholds Affordable Care Act once again
McAfee & Taft EmployerLINC Alert | June 25, 2015Sixth Circuit decision bucks trend on same-sex marriage
McAfee & Taft EmployerLINC | November 7, 2014Group health plans for same-sex spouses: Equal treatment required or not?
McAfee & Taft EmployerLINC | November 4, 2014What the legalization of same-sex marriage means for Oklahoma employers
EmployerLINC Employee Benefits Law Alert | October 10, 2014Time to get serious about the Affordable Care Act’s employer reporting requirements
McAfee & Taft EmployerLINC | September 26, 2014Continuation Coverage Requirements
Benefits Compliance Strategies for Plans, Programs & Policies | 2014New action steps for employers and their health plans
McAfee & Taft EmployerLINC Alert | May 28, 2014HHS announces new risk assessment tool for HIPAA security compliance
McAfee & Taft EmployerLINC Alert | April 22, 2014Post-DOMA, IRS and CMS issue further guidance regarding same-sex spouses
McAfee & Taft EmployerLINC | April 8, 2014IRS outlines new reporting requirements for employers on health care coverage
McAfee & Taft EmployerLINC Alert | March 10, 2014Administration issues new game-changing health care reform regulations
McAfee & Taft EmployerLINC Alert | February 11, 2014No employer penalties for lack of exchange notice
McAfee & Taft EmployerLINC Alert | September 13, 2013Continuation Coverage Requirements
Benefits Compliance: Strategies for Plans, Programs & Policies | 2013Tax Laws and Employee Benefits
Benefits Compliance: Strategies for Plans, Programs & Policies | 2013Obama administration delays employer mandate until 2015
McAfee & Taft EmployerLINC Alert | July 3, 2013Same-sex marriage decision raises questions about employer-sponsored health and retirement plans
McAfee & Taft EmployerLINC Alert | June 27, 2013Governor signs legislation overhauling workers’ compensation system
McAfee & Taft EmployerLINC Alert | May 6, 2013New HIPAA regulations for sponsors of group health plans
McAfee & Taft EmployerLINC Alert | March 26, 2013Year-end IRS deadline looms for correcting release language in 409A agreements
McAfee & Taft EmployerLINC Alert | November 8, 2012Deadlines loom for 2012 health care reform compliance
McAfee & Taft EmployerLINC Alert | October 17, 2012IRS issues guidance on new $2,500 limit for health flex accounts
McAfee & Taft EmployerLINC Update | July 17, 2012New IRS proposed rules on tribal retirement plans
McAfee & Taft EmployerLINC Employee Benefits Update | March 9, 2012Effective date extended for fee disclosure requirements
McAfee & Taft EmployerLINC Update | February 3, 2012Businesses with misclassified workers may find relief under new IRS settlement program
McAfee & Taft EmployerLINC | September 26, 2011Deadline approaching for amending health flexible spending accounts and other medical reimbursement expense plans
McAfee & Taft EmployerLINC | June 16, 2011IRS delays enforcement of non-discrimination requirements for insured health plans
McAfee & Taft Employee Benefits Alert | December 27, 2010Amendment to regulations will allow some plans to change insurance carriers without losing grandfathered status
McAfee & Taft Employee Benefits Alert | November 18, 2010Important information for employers with fully insured medical plans
McAfee & Taft Employee Benefits Alert | October 27, 2010Layoffs may cause a partial termination of your retirement plan
McAfee & Taft Employee Benefits Alert | August 25, 2010Pensions and retirement benefits: Now is the time to think about automatic enrollment for 2011
Oklahoma Employment Law Letter | August 1, 2010Health Care Reform Update: Additional ‘Interim Final Regulations’ issued
McAfee & Taft Health Care Reform Update | July 15, 2010Health Care Reform: Important regulations issued on grandfathered plans
McAfee & Taft Employee Benefits Alert | June 24, 2010HIRE Act will save money for qualifying employers
McAfee & Taft Employee Benefits Alert | April 15, 2010New healthcare reform law to impact existing healthcare plans
McAfee & Taft Employee Benefits Alert | April 1, 2010Federal unemployment benefits, COBRA subsidy extended one month
McAfee & Taft Employee Benefits Alert | March 8, 2010DOL adopts safe harbor for small plans on remitting participant contributions
McAfee & Taft Employee Benefits Alert | February 23, 2010IRS to randomly audit businesses for employment tax compliance
McAfee & Taft Employee Benefits Alert | November 3, 2009New rules on notice requirements for breach of unsecured HIPAA protected health information
McAfee & Taft Employee Benefits Alert | September 15, 2009Has your company’s layoff caused a partial termination of your retirement plan?
McAfee & Taft Employee Benefits Alert | June 23, 2009Employee rights: Exercise caution before you rely on the gross-misconduct exception under COBRA
Oklahoma Employment Law Letter | June 1, 2009Exercise caution before you rely on the gross‑misconduct exception under COBRA
The Journal Record | April 30, 2009Questions and Answers Regarding COBRA Subsidy
McAfee & Taft Employee Benefits Update | February 26, 2009COBRA Subsidy in New Stimulus Law Adds Administrative and Notice Requirements for Employers
McAfee & Taft Employee Benefits Alert | February 20, 2009At The Podium
Honey, I Shrunk the Workplace: Navigating Workplace Issues and Benefits During Economic Uncertainty
O Brother, Where Art Thou? HR and Benefits Best Practices for Addressing Leaves of Absence
Arrival: New Correction Methods Under SECURE 2.0 and VFCP
Show Me the Money! How Much is Your Consultant Being Paid? How Much Should They Get Paid?
Dial E for Experts: Answers to Your FAQs
Honey, I Shrunk the Workplace: Navigating Workplace Issues and Benefits During Economic Uncertainty
O Brother, Where Art Thou? HR and Benefits Best Practices for Addressing Leaves of Absence
Arrival: New Correction Methods Under SECURE 2.0 and VFCP
Show Me the Money! How Much is Your Consultant Being Paid? How Much Should They Get Paid?
Dial E for Experts: Answers to Your FAQs
State Pharmacy Benefit Manager Laws
Strategic Considerations When Preparing for and Negotiating Transactions
Strategic Considerations When Preparing for and Negotiating Transactions
2022: Interesting and Difficult Employee Benefits Issues
2022: Interesting and Difficult Employee Benefits Issues
Administrative Practices Update
Increased Prescription Drug Costs: The Impact of PCMA v. Mulready
Self-Correction, Determination Letters, and Administrative Practices Update
Common Operational Failures — Correction and Impact on Financial Statements
The Legislative Horizon, Compliance & Legal Updates, Transparency Requirements, Surprise Billing Issues and More
Are You a Fiduciary? Understanding duties, liability coverages, ESG issues, cyber insurance, and selecting/monitoring service providers
The Year Ahead: New Benefit Plan Compliance Requirements and Deadlines
Health Plan Transparency and No Surprises Act Requirements
Best Practices for Protecting Retirement Plan Assets from Cyber Criminals
Lightning Round Questions: Employee Benefits Panel
The Year Ahead: New Benefit Plan Compliance Requirements and Deadlines
Health Plan Transparency and No Surprises Act Requirements
Lightning Round Questions: Employee Benefits Panel
Cybersecurity Guidance for Plan Sponsors: Administrative Practices
ERISA Excessive Fee Cases
New State Laws Impacting Employee Benefits and Why You Should Care
New State Laws Impacting Employee Benefits and Why You Should Care
10 Things That Could Send You to Jail or Hell
New EPCRS Subcommittee on Self-Correction, Determination Letters & Other Administrative Practices
Health Plan Hot Topics
Price Transparency Rules Update
10 Things That Could Send You to Jail or Hell (or maybe nothing that dramatic – just 10 suggestions)
SECURE Act, CARES Act, and COVID-19: Impact on Retirement Plans
Impact of SECURE Act and CARES Act on Retirement Plans
Reopening the Workplace: Navigating the New Reality of COVID-19
Audits Given COVID-19
CARES Act Effect on Retirement Plans
From Uncertainty to Insight: COVID-19 Employer Implications on Health & Retirement
Current Target Date Fund Litigation
Compensation Incentives for Businesses
Compensation Incentives for Businesses
Health Insurance Developments, including Employee Benefit Plans and Tribal Health Plans
Common Mistakes and Misunderstandings – Legal Update
Asking for a Friend – Panel Session
Preparing Your 401k Plan for the End of the World – or Maybe Just the End of the Bull Market
DOL Enforcement Issues
The Top 10 List of Employee Benefits Issues for 2019 and Beyond
Guardians of the Galaxy: Using benefits to recruit and retain
Analyze This: Trending topics in welfare plan administration and compliance
The Good, The Bad and The Ugly: Relying on employee benefit plan
Guardians of the Galaxy: Using benefits to recruit and retain
Analyze This: Trending topics in welfare plan administration and compliance
The Good, The Bad and The Ugly: Relying on employee benefit plan
The Fantastic Four: Answers to your FAQs from our all-star panel
The Fantastic Four: Answers to your FAQs from our all-star panel
The Top 10 List of Employee Benefits Issues for 2019 and Beyond
Participants who skip town – and don’t take their money
The Evolution of Benefits Law: Where we have been and where we are going
The Evolution of Benefits Law: Where we have been and where we are going
Health Benefit Plans in a Post-Affordable Care Act World
Code Section 414 Controlled Group Principles & Native American Tribal Governments
Direct Contracts, Bundles, & Reference-Based Pricing: The Good, Bad, and the Ugly
The Evolution of Benefits Law: Where we have been – where are we going
The Evolution of Benefits Law: where we have been – where are we going
Affordable Care Act Update
Bonanza! The Healthcare Hot Topics Panel
Health Plan Update
Preparing for 401(k) Audit Season: How to make your audit run more smoothly
Welcome Relief in Recent Tax Legislation and Regulations
The ACA Lives, Lessons Learned in 2017, and Current Health Plan Trends
Employee Benefits All-Star Q&A Panel
Preparing for 401(k) Audit Season: How to make your audit run more smoothly
Welcome Relief in Recent Tax Legislation and Regulations
The ACA Lives, Lessons Learned in 2017, and Current Health Plan Trends
Employee Benefits All-Star Q&A Panel
No ACA Reform, More Money, More Risk, Less Benefits
Affordable Care Act Update
Using Bread Crumbs to Find Your Way Back Out of the Jungle
Using Bread Crumbs to Find Your Way Back Out of the Jungle
The Death of the ACA?
for Human Resources Spring 2017 Conference