Sam Kopacz's practice centers around the design, implementation and administration of employee benefit plans and executive compensation arrangements. Sam has more than 15 years of experience representing employers, trustee boards, group health plans, insurance companies, and third-party administrators in regulatory and compliance issues related to qualified and non-qualified retirement plans, health and welfare plans, fringe benefit plans, and equity based programs and deals.
Sam has extensive experience structuring and advising on defined contribution plans (such as IRC §401(k), profit sharing, §403(b), and §457 plans), defined benefit/pension plans, self-funded and fully-insured health and welfare benefit plans, IRC §125 cafeteria plans, IRC §501(c)(9) VEBAs, IRC §115 trusts, consumer-driven plans (including flexible spending accounts, health reimbursement arrangements, and health savings accounts) and various other types of benefit plans. Her expertise includes drafting plan documentation and communications, negotiating benefits-related contracts, conducting legal compliance audits, coordinating government filings with the Internal Revenue Service, Department of Labor, and Pension Benefit Guaranty Corporation, and spearheading correction of operational and documentation mistakes.
Sam regularly advises clients on benefit issues associated with corporate transactions, including plan terminations, change of control parachute excise taxes, and related transition issues. She also advises clients on various laws and regulations that intersect with employee benefits, such as ERISA, IRC, HIPAA, PPACA, FMLA, and COBRA.
Sam oversees the administration of employee benefits for private, publicly traded, and governmental entities of all sizes. Recognizing that each client's objectives and needs are unique, she helps each client develop, implement and maintain a legally compliant and competitive benefit structure that fits the particular client's business model. She is also a frequent author and public speaker on topics related to various aspects of employee benefits.
With respect to executive and incentive compensation programs, Sam advises both privately-owned and publicly traded companies on structure, implementation, and operation of compensatory programs such as phantom equity, restricted stock, and stock option programs. She also counsels clients on complex taxation issues associated with IRC §409A and §280G.
From Chambers USA:
"I appreciate her knowledge, thoroughness, responsiveness and willingness to explore different legal theories on very complicated matters."