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C. Frederick Oliphant III

Fred Oliphant has broad experience with nearly all types of employee benefits and executive compensation offered by Fortune 500 companies, focusing in particular on the federal tax aspects of such arrangements. Over the last 30 years, his practice has routinely involved representing clients before the Internal Revenue Service (IRS) and the U.S. Department of the Treasury.

A substantial part of his practice has focused on executive compensation arrangements, including stock option plans, performance and incentive plans, unfunded deferred compensation programs, supplemental retirement programs and the application to such arrangements of Internal Revenue Code Sections 409A, 162(m), 83, 422 and 423. In the area of tax-qualified retirement plans, Mr. Oliphant has had extensive experience with defined benefit plans, 401(k) savings plans and employee stock ownership plans (ESOPs). Mr. Oliphant has also advised clients with respect to other employee benefits, including cafeteria plans, voluntary employees' beneficiary associations (VEBAs), health plans and life insurance programs. Clients quoted by Chambers have said that Mr. Oliphant "serves clients efficiently and very well."

Mr. Oliphant has been successful in representing clients under the IRS Employee Plans Compliance Resolution System (EPCRS) correction programs, and also is frequently called on to advise clients with respect to the application of the section 401(a)(4) nondiscrimination rules. His practice in the retirement plan area has also included obtaining non-bank custodian approvals for organizations seeking to be custodians of retirement plan assets.

Representative Engagements|View All

  • Obtained private letter ruling allowing section 420 transfers with respect to retirees taking lump sum distributions (PLR 201511044).
     
  • Obtained private letter rulings allowing a defined benefit pension plan to offer a lump sum window to retirees in pay status (PLR 201228045, PLR201424031, PLR 201431034). 
     
  • Obtained favorable administrative scrutiny determinations by IRS with respect to separate lines of business under section 414(r).
     
  • Provided advice on the application of Sections 409A and 162(m) to Fortune 500 companies, including the preparation of relevant documents.
Government Experience
Corporate Experience
Rankings and Recognition
  • Chambers USA:  Employee Benefits & Executive Compensation (District of Columbia), 2010 - 2016 
  • The Best Lawyers in America®:  Employee Benefits (ERISA) Law, 1987 - 2017
  • Legal 500: Labor & Employment: Employee Benefits and Executive Compensation, 2010 - 2016; Leading Lawyer, 2012 - 2016
  • Who's Who in American Law
  • Charter Fellow, American College of Employee Benefits Counsel
Professional and Community Involvement
  • Editorial Advisor, Journal of Pension Planning & Compliance
  • Member, Section of Taxation, American Bar Association
Bar Admissions
  • District of Columbia
Court Admissions
  • United States Tax Court
Clerkships
Foreign Languages
Education
  • J.D., The University of Michigan Law School, cum laude, 1975
  • A.B., University of North Carolina at Chapel Hill, Phi Beta Kappa, 1971