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Brenda Berg

Partner

555 17th Street, Suite 3200, Denver, CO 80202

Brenda provides invaluable insight to employers on a wide array of tax and ERISA matters affecting employee benefit plans.

She has close to 20 years of experience as an employee benefits attorney plus a background in accounting and third-party 401(k) plan administration. Brenda’s advice ranges from the initial design and drafting stage, through the day-to-day administration questions and complications that arise. Brenda has extensive experience with 401(k), defined benefit, health and welfare, and nonqualified deferred compensation plans.

Client Results

Representative Clients and Matters
  • Recommend corporate governance structures and best practices for fiduciary governance.

  • Meet with plan committees and provide quarterly updates and ongoing fiduciary training on legal requirements for retirement plans and welfare plans.

  • Draft plan documents and summary plan descriptions for retirement plans (including 401(k) and defined benefit plans) and welfare plans (including self‐insured plans and cafeteria plans), and advise on compliance issues related to these programs.

  • Represent employers in IRS and DOL audits.

  • Assist with Affordable Care Act compliance.

  • Review service provider agreements and retirement plan fee disclosures.

  • Advise on fiduciary issues and legal requirements for holding employer stock in 401(k) plans.

  • Work on PBGC filings and negotiations for defined benefit plan funding requirements due to reportable events.

  • Advise on cash balance plans for professional services organizations.

  • Draft severance plans and consult on employee benefits matters in reductions in force (RIFs), including early retirement incentives, partial plan terminations, potential PBGC issues, COBRA, and separation agreements.

  • Recommend qualified plan corrections and prepare VCP submissions and self-correction statements.

  • Represent buyer or seller in employee benefits due diligence issues in transactions, and advise buyer on employee benefits structure for post-deal coverage of employees.

  • Help implement de-risking strategies for defined benefit plans, such as lump sum windows and annuity transfers.

  • Advise on correction of Section 409A compliance errors in administration of nonqualified deferred compensation plans, and draft IRS correction statements.

News

Publications

Speaking Engagements

Education

Bar Admissions

Recognition

  • The Best Lawyers in America© Lawyer of the Year, Employee Benefits (ERISA) Law – Denver, 2017
  • The Best Lawyers in America© Employee Benefits (ERISA) Law, 2013-2018

Professional and Civic Affiliations

  • Western Pension and Benefits Council Governing Board (all chapters)
    President, 2017-present
    Board Member, 2013-present
  • Western Pension and Benefits Council, Denver Chapter
    President, 2014-2016
    Board Member, 2009‐present
  • Colorado Bar Association, Member
  • American Bar Association, Member
  • Former CPA designation, 1994; not currently licensed
  • Jefferson Unitarian Church, Trustee, Board of Trustees, 2012-2015
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