Quick Results
Professional Photo
Professionals

Andrea Bailey Powers

Shareholder

Andrea Bailey Powers has more than 25 years' experience as a dedicated ERISA/employee benefits attorney.

Featured Videos

Tax Reform and Executive Compensation: Pitfalls to Avoid August 29, 2018
Avoiding Hidden Traps in Employment Agreements July 18, 2018
Health Care Update: The Latest in ACA Versus AHCA June 27, 2017
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 and equity plans. She also serves as an Adjunct Professor of Employee Benefits Law at the University of Alabama's Hugh F. Culverhouse Jr. School of Law.

Ms. Powers focuses heavily on issues related to controlled and affiliated service groups of employers. She helps create solutions for benefits issues that arise in complicated organizational structures, such as nondiscrimination testing, QSLOB filings, and MEWA analysis. She has significant experience representing third party administrators (TPAs) and employers with respect to administrative service agreements and ERISA compliance. Her practice includes employers in a variety of industries, with a focus on health care, manufacturing, and REITs.

Because nearly every business is impacted by health care reform, Ms. Powers spends significant 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 applies a practical business-like approach to compliance.  She believes that it is essential to understand the client's business in order to provide useful guidance. To better grasp the issues facing her clients Ms. Powers provides no-fee in-person consultations and keeps up to date by monitoring trade and industry news and legislation.

Her practice includes advising employers and others on ERISA fiduciary compliance issues.  She represents clients in IRS and U.S. Department of Labor audits and investigations, as well as pursuing corrections under EPCRS and VFCP.

She oversees the design and implementation of equity and synthetic (phantom) 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
  • Listed in The Best Lawyers in America® in Employee Benefits (ERISA) Law (2020)
  • Adjunct Professor – University of Alabama School of Law (2016 – Present)
  • Member – Georgia and Alabama State Bar Associations
  • Former 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.
  • Past President and Member, Board of Directors – Oasis Counseling Center for Women and Children
  • Adjunct Professor – Georgia State University (1999 – 2004)
Publications
Speaking Engagements

Awards

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

Email Disclaimer

NOTICE: The mailing of this email is not intended to create, and receipt of it does not constitute an attorney-client relationship. Anything that you send to anyone at our Firm will not be confidential or privileged unless we have agreed to represent you. If you send this email, you confirm that you have read and understand this notice.
Cancel Accept