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Robert S. Ellerbrock, III

Of Counsel || Birmingham

Employee Benefits and Executive Compensation, Mergers and Acquisitions
Higher Education

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.

Employee Benefits and Executive Compensation, Mergers and Acquisitions
Higher Education
Learn more about Robert S. Ellerbrock, III
  • 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.

Education

  • LL.M., University of Alabama School of Law, 2007
  • J.D., University of Alabama School of Law, 2002
  • B.A., Webster University, 1999

Admittance to Practice

  • Alabama

Professional Activities

  • Birmingham Bar Association
  • Alabama State Bar

Speeches

  • Alabama Bar Association, Labor and Employment Section - "’Leave’ My Benefits Alone: Managing Benefits of Employees on Leave" - Sandestin - November 26, 2018
  • Mobile Society for Human Resource Management - "’Leave’ My Benefits Alone: Managing Benefits of Employees on Leave" - Mobile - November 2, 2018
  • Annual Business Seminar - "There’s No Such Thing as a 1099 Employee" - Birmingham - August 10, 2018
  • College and University Professional Association for Human Resources Annual Meeting - "Who is the Plan Fiduciary? Is it Me?" - Indianapolis - June 25, 2018
  • Ogletree Deakins Annual Gulf Coast Seminar - "'Leave' My Benefits Alone: Managing Benefits of Employees on Leave" - Pensacola - June 15, 2018
  • Ogletree Deakins Employee Benefits Roundtable - "So, Just Who is the 'Employer'" - Nashville - May 24, 2018
  • Ogletree Deakins Employee Benefits Roundtable - "Who is a Plan Fiduciary? Is it Me?" - Nashville - April 26, 2018
  • Society for Human Resource Management - "Who is a Plan Fiduciary? Is it Me?" - Jackson - February 22, 2018
  • Delta Human Resource Management Association Chapter Meeting - "Who is a Plan Fiduciary? Is it Me?" - Greenwood - February 15, 2018
  • Ogletree Deakins Employee Benefits Roundtable - "Who is a Plan Fiduciary? Is it Me?" - Birmingham - February 1, 2018
  • Annual Business Seminar - "Avoiding Employee Benefit Pitfalls" - Denver - October 6, 2017
  • Ogletree Deakins Employee Benefits Briefing - "Navigating Open Enrollment" - Birmingham - October 5, 2017
  • Annual Business Briefing - "'Leave' My Benefits Alone: Managing Benefits of Employees on Leave" - Birmingham - August 18, 2017
  • 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 5, 2014
  • Alabama Fiduciary Summit - "Roles and Responsibilities of Retirement Plan Fiduciaries" - Birmingham - 2014
  • Birmingham Employee Benefit Professionals - "Profit Sharing Council" - Birmingham - 2014
  • March 7, 2016 - Decision Resources Group - "“Family Glitch” in ACA"
  • March 7, 2016 - Decisions Resource Group - "Defect in the Law"
  • December 19, 2014 - Employee Benefit News - "Employee Benefits for Same-Sex Couples"
  • June 30, 2014 - Law360 - "Landmark SCOTUS Decision"
  • Super Lawyers, Rising Star (2013)
  • Top Attorneys, 2014, 2015, and 2017, Birmingham Magazine

Insights by Robert S. Ellerbrock, III

Teacher and student discussing in front of chalkboard.

A Back-to-School Progress Report

This is an update to our article, Back to School for ERISA Fiduciary Claims: How to Prepare for This Trend in University Litigation, which was published on August 22, 2017.

Teacher writing on board in front of classroom of students.

Student Loan Repayments or Retirement Savings? Maybe Both . . .

Recent statistics show that approximately 70 percent of college graduates will leave college with an average of at least $30,000 in student loan debt. Cumulatively, the national student loan debt is approximately $1.5 trillion. This burden is causing millennials to wait longer than previous generations to buy houses, start families, and save for retirement. Although student loan indebtedness is not an issue employers can solve alone, a few are finding ways to recruit and retain talent by offering a helping hand to employees dealing with massive debt burdens.

Man with suitcase on iPad sitting in yellow chair.

Workflex in the 21st Century Act Could Modernize ERISA With Telecommuting, Job-Sharing, and More

On November 2, 2017, U.S. Representative Mimi Walters (R-CA) introduced the Workflex in the 21st Century Act, a bill that would amend the Employee Retirement Income Security Act of 1974 (ERISA). The legislation would allow employers to create an ERISA plan, known as a qualified flexible workplace arrangement plan, to offer employees a combination of guaranteed paid leave and increased work flexibility options.

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