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Bradley Arant Boult Cummings LLP

B. David Joffe

B. David Joffe

Partner

Expertise

  • Employee Benefits and Executive Compensation

WSG Practice Industries

Activity

WSG Leadership

WSG Coronavirus Task Force Group
Member
Profile

David Joffe practices primarily in the areas of employee benefits and executive compensation law. He is the chair of the Employee Benefits and Executive Compensation Practice Group.

Retirement Plans: David advises clients on the design, implementation and administration of qualified and nonqualified benefit plans. He consults with plan sponsors, administrators and fiduciaries of private, governmental, multiemployer and church plans. David has experience with a variety of benefit plan arrangements, including traditional defined benefit pension plans; 401(k) and other thrift plans; profit-sharing plans; SIMPLE IRAs and SEPs; HR 10, money purchase or Keogh plans; volume submitter plans; and ESOPs. David counsels employers on the tax aspects of such plans, including qualification issues and reporting obligations, and he regularly advises on related ERISA issues, including reporting and disclosure requirements, participation and vesting rules, fiduciary duties, prohibited transactions and trustee obligations. His experience includes advising benefit plans on compliance with the VCOC and REOC requirements related to the “plan asset” rules.

Health and Welfare Plans: David also routinely advises employers regarding welfare benefit plan issues (insured and self-funded), including the requirements under the Affordable Care Act, COBRA, HIPAA and other laws relating to group health, life, disability and retiree medical plans. As a related matter, he prepares and advises employers on Section 125 cafeteria plans, health and dependent care flexible spending arrangements, and Section 501(c)(9) VEBA trusts. He is routinely involved with disputes, including litigation, relating to benefit claims. David represents employers and fiduciaries on compliance issues and with audits conducted by the IRS, DOL, PBGC and other governmental agencies. He also advises sponsors and administrators on self-correction programs, including EPCRS and VFC.

Executive Compensation: David regularly counsels employers and executive management on compensation issues. He has extensive experience with deferred compensation arrangements (e.g., nonqualified deferred compensation plans, excess benefit and top hat plans, SERPs, golden parachutes, split-dollar agreements and rabbi trusts). He advises executives, as well as board members, on stock-based compensation issues. David is frequently involved in preparing executive compensation plans and individual executive employment and compensation agreements. He also works with employers on related employment tax issues, including tax reporting and withholding requirements.

Bar Admissions

  • Alabama, 2012
  • District of Columbia, 1991
  • Tennessee, 1999
  • Texas, 1988

Education

  • Vanderbilt University, Master of Liberal Arts & Science, 2011
  • University of Texas School of Law, J.D., 1987, High Honors; Chancellors; Order of the Coif; Legal Research and Writing Award; Best Team, Oral Advocacy; Associate Editor, Texas Law Review
  • London Institute on International Law, Diploma, 1985
  • Trinity University, B.A., Political Science, 1983, summa cum laude, Phi Beta Kappa
Areas of Practice

Employee Benefits and Executive Compensation

Articles

IRS Guidance Clarifies "Involuntary Termination" for the COBRA Subsidy
Bradley Arant Boult Cummings LLP, June 2021

In Notice 2021-31, the Internal Revenue Service (IRS) provides broad guidance in a question-and-answer format on the application of the American Rescue Plan Act of 2021 (ARP) regarding premium assistance under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) continuation coverage provisions...

New Temporary Special Rules for Flexible Spending Accounts
Bradley Arant Boult Cummings LLP, January 2021

The president has signed into law the Taxpayer Certainty and Disaster Tax Relief Act of 2020, which includes several temporary special rules aimed at minimizing forfeitures and increasing the utility of health and dependent care flexible spending accounts (FSAs). Plans providing for one or both accounts can take advantage of these participant-friendly rules immediately...

Retirement Plan Provisions in the New COVID-19 Relief Acts
Bradley Arant Boult Cummings LLP, January 2021

The recently enacted COVID-19 Related Tax Relief Act of 2020 and the Taxpayer Certainty and Disaster Tax Relief Act of 2020, both of which are part of the “Consolidated Appropriations Act, 2021,” includes the following provisions that expand and extend changes intended to provide relief to retirement plan sponsors and participants affected by the COVID-19 pandemic and other disasters...

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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