Welfare benefit plan design, financing & Compliance

As of January 1, 2015, I have returned to private practice after nearly four years with Kutak Rock LLP, in an “Of Counsel” capacity. Due to my relationship with the firm, I am happy to refer you to Kutak on matters involving qualified and non-qualified pension and deferred compensation plans, as well as employment and labor law matters.

Retainer Services

• Retainer Services. Phone and e-mail access for non-client specific general questions on welfare benefit plan compliance issues involving federal and state laws, as well as matters involving domestic partner, same-sex marriage, and civil unions.
• Benefits Alerts. Periodic Alerts providing guidance on new legislation, publication of regulations, case law, etc. for client use and distribution rights for release with attribution.
• Treatises on Specific Welfare Plan Issues. Periodic availability of treatises on specific welfare plan issues.
• Access to Website Library. Links to various IRS, DOL, and HHS regulations, summaries of various state laws, copies of older legislative updates, and sample notices and documents (including but not limited to the Employee Retirement Income Security Act (ERISA), Affordable Care Act (ACA), HIPAA and COBRA model notices).
• ACA Hotline. For answering ACA related non-client specific inquiries.

NON-Retainer Services

• Client-specific consultation and work product, including client-specific ACA, HIPAA, and ERISA inquiries.
• Document preparation including welfare plan documents and annual filings (5500, 990, etc.).
• Preparation of client-specific COBRA and HIPAA Handbooks.

Referral Services

• Retirement Plan Services:
  • Retirement plan consulting and compliance, including defined benefit plans, cash balance plans, 401(k) plans, profit sharing plans, ESOPs, and public agency plans.
  • Plan fiduciary consulting and support.
  • Establishment and termination of all types of retirement plans, both qualified and non-qualified.
  • Assistance with IRS and DOL plan audits, compliance and correction programs.
  • Litigation services.
• Executive Compensation:
  • Executive compensation plans: Design and drafting of plans that will defer compensation including stock options plans, stock appreciation rights, equity compensation, golden parachutes, etc.
  • Employment contracts for senior management.
  • Design and documentation for supplemental benefit plans, severance agreements.
  • Executive performance standards and measurements.
  • Assistance in developing a compensation philosophy and related goals.
• Labor and Employment:
  • Labor and employment/human resources consulting on such matters as employment discrimination, sexual harassment, employee discipline, ADA compliance, wrongful termination, and workplace violence.
  • Preparation of formal personnel policy handbooks.
  • Wage and hour laws.
  • Litigation services.

Mr. Fowler has more than 45 years of overall experience in welfare benefit plan design, financing and compliance. On January 1, 2015 he returned to private practice, leaving Kutak Rock LLP where he served in an Of Counsel capacity since 2011. Mr. Fowler spent the previous 23 years in private practice on employee welfare plan matters, preceded by nine years in welfare plan consulting, providing services to large corporate clients, law firms, public agencies, and tax exempt organizations. He began his career with New York Life in 1969 in group insurance sales and account management before moving to New York to work on group insurance product development and ERISA compliance.

Prior to starting private practice, Mr. Fowler served as a Vice President at Johnson & Higgins, and as the welfare benefits practice leader at Price Waterhouse.

In his practice, Mr. Fowler provides legal/technical support to large employers, public agencies, and regional insurance brokers with regard to welfare plan benefits, Health Care Reform, and other legislation affecting welfare plans such as COBRA, ERISA, FMLA and HIPAA. He also serves as trust counsel for various welfare plan trusts, both public and private.

He is a frequent speaker on employee benefit matters.