Andrea Bailey Powers has over 20 years’ experience as a dedicated ERISA/employee benefits attorney. 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.
Because nearly every business is impacted by health care reform, Ms. Powers spends much of her 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 tries to provide a practical business-like approach to compliance.
Ms. Powers focuses heavily on clients in the health care industry. She helps create solutions for issues related to affiliated service and controlled group rules, which arise frequently with physicians and providers.
She works to address benefits concerns for complicated organizational structures, including those with both non-profit and for-profit entities. She has significant experience representing third party administrators (TPAs) and employers with respect to administrative service agreements and ERISA compliance.
She also advises on fiduciary compliance issues, and 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 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.
- University of Virginia School of Law, J.D., 1993
- University of Alabama, B.S., 1990, cum laude
- Alabama, 2008
- Georgia, 1993
- U.S. District Court for the Middle District of Georgia, 1995
Professional Honors & Activities:
- Member – Georgia and Alabama State Bar Associations
- Adjunct Professor – University of Alabama School of Law (2016 – Present)
- Former National Program Chair – WEB, Worldwide Employee Benefits Network
- Former Board Member – National Women in Pensions, Inc.
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