Alfred B. Fowler: Lawyer with Kutak Rock LLP

Alfred B. Fowler

Of Counsel
Omaha,  NE  U.S.A.
Phone(303) 297-1920

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Experience & Credentials

Practice Areas

  • Employment Law
  • ERISA and Benefits Litigation
  • Business and Corporate
  • Employee Benefits and Executive Compensation
  • Benefits Issues With Corporate Transactions
  • Employee Benefit Programs for Financial Institutions
  • Compliance Audits and Training
  • Fiduciary Issues and Plan Governance
  • Government Plans
  • Health and Welfare Plans
  • Policy and Legislation
University St. Mary's College of California, B.A., 1965
Law SchoolUniversity of San Francisco School of Law, J.D., 1974
Admitted1975, California
BornPiedmont, California, April 15, 1943

With more than 40 years of overall experience in welfare benefit plan design, financing and compliance, Mr. Fowler has spent the last 21 years in private law practice on employee benefit matters, preceded by nine years in welfare plan consulting providing services to large corporate clients, law firms, public agencies, and tax-exempt organizations, and 11 years in group insurance sales, account management, and product development for New York Life.

While in private practice Mr. Fowler provides legal/technical support to large employers, public agencies and regional insurance brokers with regard to welfare plan benefits, cafeteria plans, communications, and compliance and other legislation affecting welfare plans such as Health Care Reform Law, COBRA, ERISA, FMLA and HIPAA. He also sits as trust counsel for various welfare plan trusts, both public and private.

For much of the period immediately preceding his entry into private practice, Mr. Fowler was a senior manager at Price Waterhouse where his duties included management and promotion of the welfare plan consulting practice on a nationwide basis with the Employee Benefits Practice unit of the firm's tax department. He is a frequent speaker on employee benefit matters.

To view Mr. Fowler's ERISA website, please visit .

•Document preparation and technical support for ERISA plans, Cafeteria, Flex, HRA and 105(h) plans, COBRA, FMLA, etc., including plan documents, summary plan descriptions and wrap- around documents.
•HIPAA Compliance including preparation of policies and procedures for compliance with Privacy Rules and HIPAA Security Rules.
•Representation on IRS/DOL late filings, prohibited transaction exemption filings, and other welfare plan compliance matters.


April 25, 2013DOL Guidance on Target Date Funds

April 2, 2013New DOL Guidance Impacting Defined Benefit Plans

March 28, 2013HIPAA Breach Allegation Successfully Resolved

Several attorneys from Kutak Rock's Omaha office helped an insurance agency resolve allegations involving personal health information and Health Insurance Portability and Accountability Act (HIPPA) security standards.

March 7, 2013Deadline To Pay Last Year's Compensation

February 20, 2013HIPAA's Final Rule: The Impact on Covered Entities, Business Associates and Subcontractors

On January 25, 2013, the U.S. Department of Health and Human Services (DHHS) published its final privacy and security regulations (the Final Rule) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

March 16, 2012Kraft Foods Settles ERISA Fiduciary Suit for $9.5M

After five years of drawn-out litigation, the ERISA class action lawsuit,George v. Kraft Foods Global, Inc.,recently settled for a total of $9.5 million.

February 13, 2012CMS Creditable Coverage Disclosure Deadline February 29

February 6, 2012Disclosure Requirements for Retirement Plans Begin

November 25, 2011Benefits Group Publishes Fall 2011 Newsletter

The Employee Benefits and Executive Compensation Group has published the Fall 2011 edition ofEmployee Benefits News.

August 1, 2011New York Expands New Hire Reporting Requirements

Effective July 15, 2011, New York's new hire reporting requirements now require employers to provide additional information concerning dependent health insurance coverage provided to New York employees.


July 1, 2014Supreme Court Limits Reach of Contraceptive Mandate

On June 30, 2014, the Supreme Court ruled that under the Religious Freedom Restoration Act, closely-held for-profit corporations are not required to pay for contraceptives if doing so would violate the corporation's sincerely held religious beliefs. For more information on the major parts of the decision and its impact on employers, please read our client alert. Client Alert

June 26, 2014Supreme Court Holds There Is No Presumption of Prudence

On June 25, 2014, the U.S. Supreme Court issued its long-awaited ruling inFifth Third Bancorp v. Dudenhoeffer, a case involving an ESOP fiduciary's duties in deciding to sell or hold employer stock in an ESOP. For additional information, please read our client alert. Client Alert

June 20, 2014Reports to Congress Highlight Importance of Proactive HIPAA Compliance

Client Alert

April 10, 2014Windsor Amendments Required Before Year End For Some Retirement Plans

Client Alert

March 25, 2014Supreme Court Holds Severance Payments Are Generally Subject to FICA; SUB Payments Are Not

Client Alert

February 28, 2014Tax Reform Proposal Has Significant Impact on Employee Benefit Plans

Client Alert

February 20, 2014Health Care Reform: Final Regulations on Employer Shared Responsibility Provisions-Transitional Relief

Last week the Internal Revenue Service and the Treasury Department issued Final Regulations relating to the Employer Shared Responsibility provisions of the Affordable Care Act. The Employer Shared Responsibility provisions require applicable large employers to provide health care benefits to full-time employees or risk paying substantial penalties. Client Alert

January 7, 2014Employee Benefits Newsletter - Winter 2013


November 5, 2013Retirement Plans: Year-End Reminders

Before year-end, plan sponsors should consider adding the following to their To Do lists. To learn more about what plan sponsors should consider adding to their To Do lists, read this client alert. Client Alert

November 5, 2013Health and Welfare Plans: Open Enrollment Reminders

Autumn means open enrollment season for most employers. Employers should confirm they are providing certain required notices to the proper parties. Some of these notices must be provided annually while others must be provided when an employee first enrolls in the plan. This Client Alert summarizes which notices should be provided and when. Client Alert


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Defined Benefit Plan Sponsors Must Take Immediate Action
Alfred B. Fowler,Shira B. McKinlay,Juliana Reno,John E. Schembari,Michelle M. Ueding, August 25, 2014
Last Friday, the President signed the Highway and Transportation Funding Act of 2014 (“HATFA”) into law. HATFA extends the interest rate smoothing provisions applicable to defined benefit pension plans that were originally found in the Moving Ahead for Progress in the 21st Century Act...

IRS Provides Additional Information on 409A Audit Initiative; Other 409A Matters
Alfred B. Fowler,Peter C. Langdon,Juliana Reno,John E. Schembari,Michelle M. Ueding, August 2, 2014
In May, the IRS announced that it had launched an audit initiative (the Initiative) to gauge compliance with the rules for nonqualified deferred compensation arrangements under Internal Revenue Code (Code) Section 409A. Yesterday, we participated in a national conference with the IRS where IRS...

Supreme Court Limits Reach of Contraceptive Mandate
Alfred B. Fowler,Peter C. Langdon,Juliana Reno,John E. Schembari,Michelle M. Ueding, July 11, 2014
On June 30, 2014, the Supreme Court ruled that under the Religious Freedom Restoration Act, closely-held for-profit corporations are not required to pay for contraceptives if doing so would violate the corporation’s sincerely held religious beliefs. Below, we discuss the major parts of the...

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Office Information

Alfred B. Fowler

1650 Farnam Street
OmahaNE 68102-2186


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