Timothy P.

Brechtel

Tim advises clients ranging from sole proprietorships to large, multinational corporations on establishing, administering, merging, and terminating qualified defined-contribution and defined-benefit retirement plans — such as 401(k) plans and employee stock ownership plans (ESOPs) — and nonqualified deferred compensation arrangements under Code Section 409A. He also provides guidance on health, cafeteria, severance, transportation, and other fringe-benefit plans, separation agreements, health savings accounts, and flexible spending accounts. A board-certified tax specialist as certified by the Louisiana Board of Legal Specialization, he assists employers and employees with the income tax aspects of retirement, welfare, and deferred compensation plan benefits.

In his counseling practice, Tim reviews plan documents for compliance with applicable laws. He regularly drafts plan documents, summary plan descriptions, participant communications, and plan policies and procedures. He helps employers and service providers establish appropriate safeguards and procedures for protecting health information in accordance with the privacy requirements of the Health Insurance Portability and Accountability Act (HIPAA).

Tim conducts due diligence with regard to employee benefits issues in connection with merger and acquisition transactions, and assists with post-transaction benefits integration. He advises benefits committees and human resource personnel on fiduciary duty and prohibited transaction issues, including advice regarding the propriety of proposed transactions, and prepares applications to government agencies to avoid penalties and address compliance lapses.