| C. Frederick Oliphant, IIIFred 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, as well as the U.S. Department of Labor.
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, 423, and most recently 457A. In the area of tax-qualified retirement plans, Mr. Oliphant has had extensive experience with defined benefit plans, including cash balance and other hybrid 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. More > 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, as well as the U.S. Department of Labor.
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, 423, and most recently 457A. In the area of tax-qualified retirement plans, Mr. Oliphant has had extensive experience with defined benefit plans, including cash balance and other hybrid 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.
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. Another area of focus is in the application of the net unrealized appreciation (NUA) rules to employer securities held in retirement plans. More recently he has been called upon to help clients with the application of the funding-based limitations on benefits and accruals under the Pension Protection Act (PPA).
In connection with nonqualified plans and other arrangements, Mr. Oliphant has experience with U.S. tax issues arising in connection with foreign pension plans and benefits for expatriates and foreign nationals. He also has great depth in tax issues relating to health reimbursement accounts (HRAs), Health Savings Accounts (HSAs), and high deductible health plans (HDHPs).
In related areas, Mr. Oliphant has more than 20 years of experience with the tax and benefits issues associated with the use of so-called contingent workers, including independent contractors, leased employees, outsourced workers, and part-time, temporary, and casual laborers.
Mr. Oliphant was a staff member of the Journal of Law Reform at the University of Michigan Law School. < Brief Bio
- Provided advice on the application of Sections 409A, 457A, and 162(m) to Fortune 500 companies, including the preparation of relevant documents.
- Provided advice to health insurance companies on qualifying and correcting high deductible health plans under Section 223. Helped secure a settlement agreement with the IRS to resolve qualification issue.
- Provided advice with respect to defined benefit plans of large and mid-size companies, including hybrid plans, with respect to application of Pension Protection Act provisions.
- Provided advice with respect to 401(k) plans of large and mid-size companies of automatic enrollment provisions.
- Obtained Voluntary Correction Program (VCP) approval for method of correction for ESOP operation issue for large energy company, avoiding millions of dollars in potential correction costs.
Rankings and Recognition
- The Best Lawyers in America®: Employee Benefits Law, 1987 - 2010
- 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
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
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