Robert S. Ellerbrock, III

Of Counsel Birmingham

Bob Ellerbrock focuses his practice on employee benefits and ERISA.  He regularly  advises clients concerning qualified retirement plans (401(k), defined benefit, 403(b)), non-qualified plans, fringe benefits, health and welfare benefits, Affordable Care Act compliance, and executive compensation issues. With experience in the retirement plan industry prior to practicing law, Bob draws on his knowledge counseling clients in the design and implementation of all types of employee benefit plans.


  • Design and evaluation of 401(k) and 403(b) plans, profit-sharing plans, employee stock ownership plans, and other retirement plans including monitoring plans for ongoing regulatory compliance.
  • Advise companies and individuals on the tax and corporate aspects of incentive 409A arrangements, including supplemental executive retirement plans, performance-based programs, and non-qualified deferred compensation arrangements.
  • Successfully resolve issues for clients with the Internal Revenue Service, Department of Labor, and Pension and Benefit Guaranty Corporation.
  • Draft benefit plan documents and amendments to ensure ongoing regulatory compliance with applicable regulations.
  • Counsel plan fiduciaries on their ERISA Title I responsibilities.
  • Regularly advise employers, consultants, and others regarding the Affordable Care Act.
  • Advise clients involved in mergers and acquisitions regarding the responsibilities of the employers and the rights of the employees.
  • Counsel employers involved in various labor and employment matters, including withdrawal liability/multiple and multiemployer pension plans, employee benefit aspects of collective bargaining, employment and compensation agreements, separation agreements, COBRA, and severance packages.

Professional Activities and Speeches

Professional Activities:

  • Birmingham Bar Association
  • Alabama State Bar


  • Annual Business and Personal Planning Seminar - ''Employee Benefit Administration'' - Birmingham - 2016
  • Birmingham Bar Association - ''Affordable Care Act'' - Birmingham - September 18, 2014
  • Birmingham Business Alliance's ACA Seminar - ''Fox 6 ACA Roundtable'' - Birmingham - March 05, 2014
  • Birmingham Employee Benefit Professionals - ''Profit Sharing Council'' - Birmingham - 2014
  • Alabama Fiduciary Summit - ''Roles and Responsibilities of Retirement Plan Fiduciaries'' - Birmingham - 2014


Published Works


Our Insights


Media Quotes

March 07, 2016 - Decisions Resource Group - "Defect in the Law"
December 19, 2014 - Employee Benefit News - "Employee Benefits for Same-Sex Couples"