Bucky Swift is a partner in the Employee Benefits and Executive Compensation practice and has spent his entire career in the ERISA employee benefits area. Bucky partners with Boards of Directors, employers and individuals to design, draft and implement successful and responsible compensation plans and arrangements.
Bucky develops solutions on a broad range of benefits and compensation issues, including qualified and non-qualified retirement planning, compensation and benefits strategies for successful reductions-in-force, merger and acquisition compensation and benefits planning, and welfare benefit programs including issues under the new Health Care Reform law. Bucky concentrates in the executive compensation area and works with Boards of Directors, employers, individuals to develop executive compensation and incentive programs in both the privately-held and publicly-traded sectors. Bucky represents Boards of Directors, employers and executives alike in negotiating and drafting executive level employment and change in control agreements and navigates his clients through the complicated rules affecting those arrangements, including Internal Revenue Code Sections 162(m), 280G and 409A. Bucky also works with employers and Compensation Committee of Boards of Directors to design and develop equity compensation arrangements.
Bucky often speaks locally, regionally and nationally on a variety of employee benefits and executive compensation issues.
Representative Transactions
· Assisted a national publicly held home builder in complete redesign of senior executive employment and change in control agreements
· Assisted a publicly held educational organization in redesigning its senior executive employment and change in control agreements
· Assisted a publicly held educational organization in designing a compensation and benefit program for a major reduction in force that resulted in 100% voluntary retirement and no lawsuits
· Assisted many publicly held companies in drafting stock incentive plans allowing grants of various equity based compensation awards and drafted all required SEC disclosure documents
· Assisted numerous publicly traded companies in drafting executive bonus plans to preserve tax deductibility under Code Section 162(m)
· Assisted privately held companies in developing a plan to allow executives to earn and purchase company founder's stock over a period of years thereby providing business succession
· Assisted privately held company in working with compensation consultants to design, draft and implement all equity based compensation plans in preparation of going public (e.g., stock incentive and employee stock purchase plans)
· Assisted publicly traded companies in drafting SEC disclosure for annual proxy statements
· Assisted various tax-exempt organizations (including credit unions) in designing executive compensation arrangements in compliance with Code Section 457(b) and (f)
Professional Memberships & Activities
· American Bar Association
- Section of Taxation, Subcommittee on Executive Compensation
· Western Pension Conference-Phoenix Chapter, Former Steering Committee Member
· State Bar of Arizona
· Virginia Bar Association
· District of Columbia Bar Association
Representative Presentations & Publications
· Health Care Reform and How It Affects Your Company, Human Capital Strategies Seminar (September 2010)
· How to Motivate Your Employees, Snell & Wilmer Emerging Business Seminar Series (September 2010)
· Understanding the Dodd-Frank Act What Does It Mean For Public Companies,Snell & Wilmer Client Seminar (August 2010)
· Analysis of Important Changes to Employee Benefits, Fraud and Abuse and Non-Profit Hospital Transparency, Snell & Wilmer Client Seminar (May & June 2010)
· The Effects of Health Care Reform on Small Businesses and Their Employees, Arizona Small Business Association (April & May 2010)
· Employee Benefits and Tax Implications of Health Care Reform,Snell & Wilmer Client Seminar (April 2010)
· 409A Document Correction Program Under Notice 2010-6, Western Pension & Benefits Conference (January 2010)
· Understanding the New Health Care Reform Act (March 2010)
· SEC Adopts New Compensation Disclosure Rules (January 2010)
Professional Recognition & Awards
· The Best Lawyers in America®, Employee Benefits (ERISA) Law (2003-2012)
· Arizona's Finest Lawyers (2011)
· Super Lawyers®, Employee Benefits/ERISA - Corporate Counsel Edition (2008)
· Southwest Super Lawyers®, Employee Benefits/ERISA (2007)
Other Professional Experience
· Morgan, Lewis & Bockius, Washington, DC
News & Events
09/06/2011, The Best Lawyers in America Recognizes 99 Snell & Wilmer Attorneys as Leaders in Their Field
07/29/2011, Snell & Wilmer Congratulates its 99 Attorneys Selected for Inclusion in The Best Lawyers in America® 2011
10/21/2010, Ninety-Nine Snell & Wilmer Attorneys Named to Best Lawyers in America 2011
08/01/2009, Ninety-Eight Snell & Wilmer Attorneys Listed in Best Lawyers in America 2010
Publications
03/14/2012, Employee Benefits Update - March 2012
Department of Labor Issues Final Fee Disclosure Regulation for Qualified Plans
11/30/2011, Employee Benefits Update - November 2011
09/02/2011, Employee Benefits Update - September 2011
Department of Labor Issues Extension for Disclosure Rules for Qualified Plans
11/12/2010, Corporate Communicator - November 2010
Fall 2010 Issue
09/20/2010, Employee Benefits Update (September 2010)
05/19/2010, Health Care Alert: Navigating Health Care Reform (May 19, 2010)
HHS Issues Guidance on Early Retiree Reinsurance Program
04/22/2010, Health Care Alert: Navigating Health Care Reform (April 22, 2010)
The Patient Protection and Affordable Care Act and Small Business
04/02/2010, Health Care Alert: Navigating Health Care Reform (April 2, 2010)
Understanding Health Care Reform - An Initial Guide For Employers
03/30/2010, Health Care Alert: Navigating Health Care Reform
Understanding the New Health Care Reform Act
03/25/2010, Employee Benefits Update - March 25, 2010
Agencies Issue Mental Health Parity Regulations
03/10/2010, Employee Benefits Update - March 2010
Additional Extension of COBRA Premium Subsidy Eligibility Period
01/04/2010, Employee Benefits Update - December 2009
COBRA Premium Subsidy Extension
11/18/2009, Corporate Communicator - November 2009
The Federal Government: America's Most Liquid Lender
11/13/2009, Employee Benefits Update - November 2009
2009 End of Year Plan Sponsor "To Do" Lists
10/05/2009, Employee Benefits Update - October 2009
Complying with the Mental Health Parity and Addiction Equity Act of 2008
09/02/2009, Employee Benefits Update - September 2009
Group Health Plan Sponsors Should Be Aware of Changes Made by the HITECH Act
08/27/2009, Employee Benefits Update - August 2009
HIPAA's New Requirements Concerning Notification of Breaches of Unsecured PHI
04/16/2009, Legal Alert: IRS Announces Section 409A Correction Program
04/08/2009, Employee Benefits Update - April 2009
New Rules Amend Truth in Lending Act to Exclude Plan Loans
03/26/2009, Employee Benefits Update - March 2009
Department of Labor Issues Model COBRA Notices with Premium Reduction Information
03/25/2009, Employee Benefits Update - March 2009
Department of Labor Issues Guidance on Annual Funding Notice Requirements for Defined Benefit Plans
03/18/2009, Employee Benefits Update - March 2009
Employers That Sponsor Group Health Plans Must Take Action to Comply with CHIPRA
03/12/2009, Employee Benefits Update - March 2009
Required Minimum Distributions From Defined Contributions Plans Waived for 2009
03/06/2009, Employee Benefits Update - March 2009
New Legislation Implementing COBRA Premium Subsidy Requires Group Health Plan Sponsors to Take Immediate Action
11/19/2008, Employee Benefits Update - November 2008
09/10/2008, Employee Benefits Update - September 2008
02/28/2008, Corporate Communicator - March 2008
11/16/2007, Employee Benefits Update - November 2007
08/15/2007, Deferred Compensation Arrangements and the Final 409A Regulations
04/01/2007, Employee Benefits - April 2007: IRS Releases Final Regulations Regarding Nonqualified Deferred Compensation Plans