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Andrea Bailey Powers

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Andrea Bailey Powers has over 20 years' experience as a dedicated ERISA/employee benefits attorney.

Featured Videos

ACA Update: Six Changes for 2016 February 23, 2016

Professional Biography

Overview

Working from the Birmingham office, Ms. Powers represents employers in all aspects of executive compensation and employee plans matters, including the design and administration of qualified retirement plans, health and welfare benefit plans, and non-qualified executive compensation plans.

Because nearly every business is impacted by health care reform, Ms. Powers spends much of her time helping employers address compliance issues and business realignment in the wake of the Affordable Care Act. Ms. Powers is a frequent speaker and commentator on health care reform issues where she tries to provide a practical business-like approach to compliance.

She also advises on fiduciary compliance issues, and represents clients in IRS and U.S. Department of Labor audits and investigations, as well as pursuing corrections under EPCRS and VFCP.

Ms. Powers focuses heavily on clients in the health care industry, as well as regional and national companies in the manufacturing and hospitality industries. She has significant experience representing third party administrators (TPAs) and employers with respect to administrative service agreements and ERISA compliance.

She oversees the design and implementation of equity and synthetic equity programs to compensate executives in both established and startup companies. She routinely works with buyers and sellers to coordinate benefits issues in mergers and acquisitions, including retirement plan mergers, change of control payments and mid-year health plan issues. Ms. Powers also provides counsel with respect to executive compensation issues, including IRC §§ 409A, 162(m) and 280G (Golden Parachute) analysis.

Professional Honors & Activities
  • Member – Alabama State Bar Association
  • National Program Chair – WEB, Worldwide Employee Benefits Network
  • Past President, Atlanta Chapter, WEB, Worldwide Employee Benefits Network
  • Former Board Member – National Women in Pensions, Inc.
  • Board of Directors – Oasis Counseling Center for Women and Children (Treasurer, 2011)
  • Adjunct Professor – Georgia State University (1999 – 2004)
Publications
Speaking Engagements
Webinars
Videos

Education

  • University of Virginia School of Law, J.D., 1993
    • Managing Editor, Virginia Tax Review
    • Volunteer Tax Preparation
    • Legal Aid Society
  • University of Alabama, B.S., 1990, cum laude
    • Beta Alpha Psi
    • Mortar Board, Anderson Society, The XXXI

Admissions

  • Alabama, 2008
  • Georgia, 1993
  • U.S. District Court for the Middle District of Georgia, 1995

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