Employee Benefits Attorney Lawyer GA | ERISA Attorney

Overview

HunterMaclean’s ERISA and employee benefits practice group advises public, private, taxable, and tax-exempt clients on a wide variety of employee benefit issues related to the design, documentation, and administration of all forms of employee benefit plans and executive compensation programs, including pension plans, 401(k) plans, 403(b) plans, ESOPs, welfare benefit plans, stock option plans, incentive compensation programs, and post-retirement plans.

We also represent plan administrators and investment fiduciaries, advising them on a wide range of issues related to their fiduciary and administrative duties with respect to their employee benefit plans. We have extensive experience advising plan sponsors and plan fiduciaries with respect to plan investment activities, including negotiating investment management agreements and reviewing investment vehicles.

We advise clients on golden parachute, executive and equity-based compensation, and employee benefit plan issues that arise in negotiating mergers and other acquisitions or dispositions. We represent clients in working on the wide range of difficult post-merger or other business combination or disposition issues related to integrating different benefit plans, structures, and compensation policies and practices or breaking-up of such plans, structures, policies, and practices.

Experience

Negotiating third party services agreements on behalf of the plan sponsors, including investment management of trustee and recordkeeper agreements.
Meeting with and providing regular advice to five fiduciary investment committees for their $1 billion plus pension and 401 (k) plans.
Negotiating changes in trustee and other service providers for several large ($1 billion plus) defined benefit and 401(k) plans.
Assisting clients in restructuring 401(k) plan investment options, including participant communications and third party agreements.
Representing several large employers in the negotiations of key executive employment and deferred compensation agreements.
Advising a large tax-exempt organization on compensation issues for key employees under the “intermediate sanctions” provisions of the Internal Revenue Code.
Advising and representing clients under the IRS Employee Plans Compliance Resolution System and Department of Labor Voluntary Fiduciary Correction Program to correct certain plan qualification failures and improper fiduciary actions.
Representing employers of all sizes in Department of Labor and IRS audits of 401(k) and welfare benefit plans.

Publications & Presentations

Publications

President Trump’s First Executive Order: First Steps Toward ACA Repeal

On January 20, within hours of taking the oath of office, President Trump signed an Executive Order widely viewed as the first step toward ACA repeal. Rebecca Sczepanski discusses what this means for employers.

Much Ado About 401(k) Fees

Most business conflicts risk only business assets, but both personal liability and criminal penalties are possible under ERISA, the federal law that governs 401(k) plans. Attorney Rebecca Sczepanski discusses 401(k) plans in this article for Business in Savannah.

Hobby Lobby: Planting Confusion on the Contraceptive Mandate

The United States Supreme Court’s 2013 Term ended June 30 with the high-profile Hobby Lobby opinion, which raised more questions than it answered. In a 5-4 decision, the Supreme Court held that the Affordable Care Act’s contraception mandate, as applied to for-profit closely-held corporations with religious objections, violates the Religious Freedom Restoration Act (RFRA) and is therefore unlawful. The full impact of the Hobby Lobby decision is yet to be seen and developments occur daily.

Short ACA Enrollment Window May Offer COBRA Cost Saving

New options available under the Affordable Care Act may provide savings for employers providing COBRA coverage, for newly eligible COBRA beneficiaries, and for a short window of time, for current COBRA beneficiaries as well. These coverage options introduce new opportunities for employers to reduce COBRA costs and new complexities in coordinating coverage and severance benefits.

401(k) Plan Expenses: High Courts, High Stakes

Having a well-managed retirement plan is a benefit for employees, their beneficiaries, and their employer. High-profile cases currently working their way through the courts illustrate the high stakes associated with a failure to monitor and manager 401(k) plan fees and expenses. CEOs need to be vigilant about clearly defining and fulfilling fiduciary responsibilities when it comes to managing retirement plans.

Fiduciary Responsibility for 401(k) Plans

HunterMaclean attorney Rebecca Sczepanski discusses fiduciary responsibility for retirements plans in today’s ever-changing regulatory environment.

New Group Health Plan Claims Regulations: The “Stealth” Patient Bill of Rights

By Rebecca L. Sczepanski, published in June 2002 in McGraw Wentworth Benefits Advisor 5, no. 4.

Click here for PDF

Stockler v. Rose: Michigan's Role in the "Play" of Third Party Liability For Negligent Accounting

By Rebecca L. Sczepanski, published in Wayne Law Review 42, no. 1 (Fall 1995).

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Presentations

Legal Update

Presented by Rebecca L. Sczepanski at the SBG Educational Forum on October 27, 2021.

Price Transparency & Surprise Billing

Presented by Rebecca L. Sczepanski at the CEAHU 16^th Annual Symposium & Exhibitor Fair on August 26, 2021.

COVID-19: Effect on COBRA, HIPAA, and Cafeteria Plans

Presented by Rebecca L. Sczepanski at the Coastal Empire Association of Health Underwriters on July 31, 2020.

What’s New with Health Reimbursement Accounts?

Presented by Rebecca L. Sczepanski at the Coastal Empire Association of Health Underwriters on September 18, 2019.

Association Health Plans: The Devil’s in the Details

Presented by Rebecca L. Sczepanski at the Coastal Empire Association of Health Underwriters on April 26, 2018.

What’s New in the Health Coverage World?

Presented by Rebecca L. Sczepanski at the Coastal Empire Association of Health Underwriters on February 8, 2018.

ERISA: Terrifying Tales from the Trenches

Presented by Rebecca L. Sczepanski at the 2017 SHRM Georgia State Conference on October 9, 2017.

The ABCs of PBM Contracting: Show Me the Money! The Hidden Costs of Pharmacy Benefits

Presented by Rebecca L. Sczepanski at the Savannah CFO Council on July 19, 2017.

Retirement Plan Consulting: Tips and Common Issues

Presented by Rebecca L. Sczepanski at the Regions Bank Jacksonville Small Business Conference on June 28, 2017.

Estate Planning with Retirement Accounts

Presented by Rebecca L. Sczepanski at the Atlanta Tax Forum on May 8, 2017, and the ICLE Fiduciary Law Institute in St. Simons Island, Georgia, on July 15, 2016.

Designing the Future of Welfare Benefit Plans

Presented by Rebecca L. Sczepanski at the SHRM Georgia State Council Annual Conference in Savannah, Georgia, on August 31, 2015.

Managing Legal Risks and Fiduciary Responsibilities for Defined Contribution Plans

Presented by Rebecca L. Sczepanski and Julia Butler at the SHRM Georgia State Council Annual Conference in Savannah, Georgia, on August 31, 2015.

Healthcare Reform: ACA Reporting Requirements

Presented by Rebecca L. Sczepanski at a Breakfast & Learn on June 3, 2015, at the Savannah Golf Club.

Leveraging the CPA’s Consulting Expertise: Increasing Awareness of Employee Benefits Issues

Presented by Rebecca L. Sczepanski to TJS Deemer Dana on May 21, 2015, and at Hancock Askew & Associates on June 17, 2014, in Savannah, Georgia.

ACA/Obamacare: What Employers Need to Know

Presented by Rebecca L. Sczepanski at Employment Law: Beyond the Basics, a Sterling Education seminar, on May 14, 2015, and June 3, 2014, in Savannah, Georgia.

Meeting Fiduciary Duties, Reducing Liabilities, and Improving Effectiveness

Presented by Rebecca L. Sczepanski at the 2015 Savannah Fiduciary Seminar on April 30, 2015, at the Savannah Golf Club.

Health Care Reform: Impact on Health Care Insurance and Employee Benefits

Presented by Rebecca L. Sczepanski at the NBI Employment Law: 2014 Comprehensive Guide on December 10, 2014.

What You Need to Know Now About the Affordable Care Act

Presented by Rebecca L. Sczepanski at Employment Law Update in Georgia, a seminar by Lorman Education Services, on August 8, 2014, in Albany, Georgia.

ACA/ERISA/Retirement Plans: Top 5 Things You Need to Know Now

Presented by Rebecca L. Sczepanski at TSAC-SHRM Annual Retreat on July 24, 2014.

The Inattentive Fiduciary: Risks, Costs, and Tips

Presented by Rebecca L. Sczepanski on May 29, 2014, in Savannah, Georgia, at a seminar on Meeting Fiduciary Duties, Reducing Liabilities, and Improving Effectiveness of 401(k) and Defined Contribution Plans.

ACA/ERISA/Retirement Plans: Top 5 Things You Need to Know Now

Presented at the Hardwood Manufacturer’s Association National Conference on March 13, 2014, by Rebecca L. Sczepanski.

ERISA Hot Topics: Audits, Health Care, and Fiduciaries – Oh My!

Presented at TSAC-SHRM on October 25, 2013, by Rebecca L. Sczepanski.

Benefits: Health Insurance, Flex Spending and Retirement Plans

Presented by Rebecca L. Sczepanski on September 19, 2013, at HR Law: What You Need to Know Now, a seminar by the National Business Institute.

ACA & Other Developments in Employment Law

Presented by Rebecca L. Sczepanski on September 19, 2013, at HR Law: What You Need to Know Now, a seminar by the National Business Institute.

Affordable Care Act: Your Questions Answered

Presented at Employers Like Me/Georgia Tech on August 22, 2013, by Rebecca L. Sczepanski.

Bewildering Benefits: A Roundup of Legal Tips, Tricks, and Pitfalls on the Road to Benefits Success

Presented at the TSAC-SHRM Annual Retreat on August 14, 2013, by Rebecca L. Sczepanski.

An Exchange of Ideas: Evolving Models of Purchasing and Taxing Health Coverage Under PPACA

Presented at Healthcare Reform Current Updates for TSAC-SHRM in Rincon, Georgia, on April 26, 2013, by Rebecca L. Sczepanski.

What Labor & Employment Attorneys Need to Know About Employer Health Care Obligations: Negotiating Medical Plan Options, COBRA Notices, and Protecting Employee Information Under HIPAA

Presented at the ACI Compensation & Benefits Boot Camp for Labor & Employment Practitioners in Philadelphia, Pennsylvania, on January 25, 2011, by Rebecca L. Sczepanski.

Pension Overview: How Retirement Plans Really Work

An American Society of Employers, Learning and Advancement Course taught by Rebecca L. Sczepanski from 2004 to 2007 in Southfield, Michigan.

New Plan Loan Rules

Presented for Women in Employee Benefits in January 2003 by Rebecca L. Sczepanski.

Final 401(a)(9) Regulations Overview

Presented for Women in Employee Benefits in Southfield, Michigan, in May 2002 by Rebecca L. Sczepanski.

Ding Dong, the Same Desk Rule Is Dead - Or Is It?

Presented for the Employee Benefits Committee of the State Bar of Michigan in May 2002 by Rebecca L. Sczepanski.

New Proposed 401(a)(9) Regulations

Presented for Women in Employee Benefits in August 2001 by Rebecca L. Sczepanski.

Prohibited Transactions and Fiduciary Issues with Benefit Plan Investments

Presented at the Michigan Employee Benefits Conference in May 2001 by Rebecca L. Sczepanski.

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News

Savannah Fiduciary Seminar Provides Online Information for 401(k) and Defined Contribution Plan Managers and Administrators

June 10, 2015

The Savannah Fiduciary Seminar has made the 2015 presentations and exhibits available online in the form of podcasts, PDFs, and PowerPoint presentations. The Seminar presents important information for 401(k) and Defined Contribution Plan managers and administrators.

Georgia CEO: HunterMaclean Marks 135 Years in the Practice of Law

December 16, 2014

The year 2014 marks the 135th anniversary of HunterMaclean. Lucy Adams from Georgia CEO interviewed Managing Partner Frank Macgill regarding HunterMaclean’s history, areas of expertise, milestone anniversary, and future.

HunterMaclean ERISA Attorney Rebecca Sczepanski Presents in Seminar on Defined Contribution Plans

June 04, 2014

HunterMaclean ERISA Attorney Rebecca Sczepanski presented on a panel of local fiduciary professionals on May 29, 2014 at the Savannah Golf Club. The informational seminar covered meeting fiduciary duties, reducing liabilities, and improving effectiveness of 401(k) and defined contribution plans

25 HunterMaclean Attorneys Selected for The Best Lawyers in America® 2014

August 15, 2013

HunterMaclean is pleased to announce that 25 lawyers from the firm were recently selected by their peers for inclusion in The Best Lawyers in America® 2014.

Businesses scramble to comply with same-sex ruling: Supreme Court decision to bring changes in retirement, healthcare, other employee benefits

July 01, 2013

Rebecca Sczepanski spoke with Mary Mayle from Savannah Morning News about how the recent changes in DOMA will affect businesses.

Employee Benefits Attorney Rebecca Sczepanski speaks with WJCL about the impact of the Supreme Court DOMA decision.

June 27, 2013

Employee benefits attorney Rebecca Sczepanski stopped by the WJCL/WTGS studios to talk with Rob Macko about Wednesday’s Supreme Court rulings regarding the Defense of Marriage Act and California Proposition 8.

Attorney Rebecca L. Sczepanski Joins HunterMaclean’s ERISA and Employee Benefits Group

April 22, 2013

Attorney Rebecca L. Sczepanski has officially joined HunterMaclean’s ERISA and Employee Benefits Practice Group. She brings extensive experience advising for-profit and non-profit clients on ERISA and employee benefits issues.

HunterMaclean Honored with First-Tier Rankings in 2013 Edition of U.S. News - Best Lawyers “Best Law Firms”

November 02, 2012

Nine HunterMaclean practices were recognized by U.S. News & World Report/Best Lawyers withFirst-Tier rankings.

28 HunterMaclean Attorneys Among 'Best'

August 30, 2012

HunterMaclean, a business law firm with offices in Savannah and Brunswick, has announced that 28 lawyers from the firm were selected for inclusion in The Best Lawyers in America 2013.

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Videos & Podcasts

Videos

Video: Fiduciary Seminar for Administrators and Sponsors of 401(k) and Defined Contribution Plans

ERISA/Employee Benefits attorney Rebecca Sczepanski joined Julia Butler of The Fiduciary Group, Randall Webb of TJS Deemer Dana LLP, and Rick Pummill of The Retirement Plan Company in a seminar presentation on meeting fiduciary duties, reducing liabilities, and improving effectiveness of 401(k) and defined contribution plans.

Podcast: Rebecca Sczepanski presents at the 2015 Savannah Fiduciary Seminar

In this HunterMaclean podcast Rebecca Sczepanski presents on identifying fiduciaries, tips and best practices for avoiding or mitigating risk associated with retirement plan fiduciaries, and an update of major fiduciary litigation.