Kevin L. Burch

Of Counsel Indianapolis

Kevin practices ERISA and employee benefits with an emphasis on qualified retirement plans, nonqualified deferred compensation, and severance plans/arrangements. He distills complex and archaic employee benefits problems into practical, useful advice that leads to best-in-class solutions for clients.

The majority of Kevin’s practice focuses on executive compensation. He advises public and private employers (tax-exempt and for-profit) on nonqualified deferred compensation, excess plans, top hat plans, change in control arrangements, short and long-term and retention bonus plans/arrangements to comply with ERISA and Code Sections 83, 162(m), 280G, 409A, 457, 4960, and 4999. Kevin has substantial experience with Code Section 409A’s document and operational corrections programs. Kevin prepares equity plan documents and awards and associated participant communications, and advises on tax and employment aspects of incentive stock options, nonqualified stock options, stock appreciation rights, restricted stock, restricted stock units and performance-based awards. 

Kevin also specializes in the benefit and compensation aspects of employee severance plans/arrangements, early voluntary retirement windows, and reductions-in-force. He advises on plan design and structure, ERISA implications (including ERISA coverage and pension plan avoidance), and Code Section 409A (and 457(f)) compliance or avoidance for such plans/arrangements. 

Kevin advises clients on matters that maintain retirement plan qualification, avoid maladministration, and correct document and operational failures. He prepares retirement plan correction submissions under the IRS’s EPCRS program and the DOL’s VFCP and DFVCP programs, and assists clients with IRS and DOL audits advocating on their behalf.  He has significant experience with employee benefits in corporation transactions, including, performing pre-closing due diligence, drafting employee benefit portions of asset and stock purchase agreements, and addressing post-transaction integration issues, including retirement plan mergers, terminations, and spin-offs.  He also leverages his significant experience with annual retirement coverage and nondiscrimination testing to eliminate plan inefficiencies while maximizing client value in maintaining retirement plans.     

Kevin is an Of Counsel in Ogletree’s Indianapolis office. Prior to joining Ogletree, Kevin practiced employee benefits at firms in London, England and Denver, Colorado, and, during law school, he worked at the U.S. Senate Budget Committee where he advised legislative analysts on complex tax issues.


Professional Activities and Speeches

Professional Activities:

  • American Bar Association, Tax Section
  • National Center for Employee Ownership
  • National Association of Stock Plan Professionals
  • Indiana Benefits Conference
  • Cincinnati Bar Association
  • Former Board Member- Last Position Held- Membership Chair, Western Pension & Benefits Council- Denver

Speeches:

  • Ogletree Deakins Briefing - ''Spring Cleaning: Getting Your Benefits House in Order'' - Carmel - March 22, 2018
  • Ogletree Deakins Seminar - ''Severance, Voluntary Termination and Early Retirement Plans: Options and Strategies'' - Indianapolis - November 02, 2017
  • Indiana Chamber of Commerce - ''Severance Plan Designs, Strategies, and Options'' - Indianapolis - September 19, 2017
  • 2017 AAMGA University West - ''Comprehensive Employee Risk Management'' - Scottsdale - August 18, 2017
  • Indiana Chamber of Commerce - ''Top 10 Benefits Compliance Issues for 2016'' - Indianapolis - August 12, 2016
  • Cincinnati Bar Association - ''Prototype and Volume Submitter Programs - The Looming PPA Restatements for Defined Contribution Plans'' - February 13, 2015
  • SunGard’s Advanced Pension Conference - ''Troubleshooting Participant Loans'' - Orlando - February 07, 2013
  • ASPPA Benefits Council of Central Florida - ''Compensation Consternation'' - Jacksonville - February 06, 2013

Media

Published Works

X

Our Insights

Top