Practice Areas & Industries: Fennemore Craig, P.C.

Practice/Industry Group Overview

Fennemore Craig has an extensive practice counseling employers on all aspects of employee benefits.  The practice group co-chairs, Cynthia Shupe and David Heap have, in combination, over 50 years experience in preparing, analyzing, amending and submitting for government approval and providing counsel with respect to, defined benefit, cash balance, section 401(k), profit sharing, money purchase pension, multiemployer, multiple employer, medical, cafeteria, life insurance, flexible benefit, supplemental executive retirement, nonqualified deferred compensation, employee stock ownership (“ESOP”), incentive stock option, and nonstatutory stock option plans; the associated trusts, annuity contracts, rabbi or secular trusts, voluntary employers beneficiary associations (“VEBAs”) and other funding vehicles; and resolutions and explanatory materials for adopting employers and boards of directors. 

Much of the firm’s work is for employers, publicly traded or privately held, although we also advise insurers, trust companies and other service providers.  With our business and finance partners, we provide counsel regarding all aspects of employee benefits in merger and acquisition transactions.  We are experienced in representing employers on qualified plan and employee benefit matters before both local and national offices of the Internal Revenue Service and the United States Department of Labor, as well as the Pension Benefit Guaranty Corporation in Washington, D.C..  We regularly advise clients concerning fiduciary and prohibited transaction issues.  We also advise employers regarding the implications and liabilities involved with participation in multiemployer union pension plans and multiple employer plans.

Our employee benefits practice routinely advises clients on issues arising under the Employee Retirement Income Security Act (ERISA), and the tax implications and law governing the provision of medical benefits, disability coverage, life insurance, including employers’ liability for the continuation of health coverage under COBRA.

Ms. Shupe and Mr. Heap are active and recognized in both the local and national employee benefits communities.  Ms. Shupe has served as the IRS Central Mountains TE/GE Council which was composed of private practitioners and key IRS personnel and which serves as a sounding board and an advisory board to the IRS on matters related to employee benefits tax policy and to specific tax issues, procedures and IRS enforcement initiatives affecting employee benefits.  Both Ms. Shupe and Mr. Heap have developed significant contacts with the Internal Revenue Service, the United States Department of Labor, locally, regionally, and nationally.  Our practice group is designed to bring first chair experience and expertise to clients’ employee benefits needs at regional rather than national billing rates.