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Douglas M. Love

Partner
+1.206.370.7592
Fax +1.206.370.6118
Mr. Love practices in the areas of employee benefits and ERISA, including tax-qualified and nonqualified retirement plans such as pension, profit sharing and 401(k) plans, executive and stock-based compensation, ESOPs and welfare plans such as severance, medical and cafeteria plans. He was recently selected as Best Lawyers’ 2015 Seattle Employee Benefits (ERISA) Law “Lawyer of the Year”.

Achievements

  • Listed in The Best Lawyers in America for Employee Benefits (2007-2017)
  • Selected as Best Lawyers’ 2015 Seattle Employee Benefits (ERISA) Law “Lawyer of the Year”

Professional/Civic Activities

  • Seattle Pension Roundtable
  • Western Pension & Benefits Conference
  • Bethany Lutheran Church, Bainbridge Island

Speaking Engagements

  • “Case Law Update: ERISA and Employee Benefit Plans,” presented at Cement Employers Association Annual Meeting, September 27, 2016, Orlando.
  • "Severance Plans - Employers May Have Less Discretion Than They Think," 1996 Northwest Employee Benefits Conference, Washington State Bar Association.
  • "Key Issues in Drafting and Enforcing Executive Employment Agreements," 2002 Spring Seminar, Western Pension & Benefits Conference.
  • "Employers as Retirement Plan Fiduciaries, Post-ENRON," 2003 Spring Seminar, Western Pension & Benefits Conference.
  • "Deferred Compensation under Internal Revenue Code Section 409A," co-presented with Robert Starin on 5/4/06 and 6/22/07 at breakfast briefings for employers.
  • Presentations on the employee benefits aspects of business transactions on 4/26/06 and 9/23/08 at Washington State Continuing Legal Education seminars on "Documenting the Business Acquisition Transaction."
  • "The Final 409A Regulations:  How Will They Impact Your Company?,"co-presented with Robert Starin on January 22, 2008 at dinner meeting of Western Pension & Benefits Conference.
  • "Investment Policies, Performance Monitoring & Market Turmoil," 2009 Spring Seminar, Western Pension & Benefits Conference, with Marlow Kee, Valentina Zackrone, and Mary Ellen Mullen.
  • “The Devil is in the Details: QDROs Dividing Retirement Benefits under ERISA," presented on March 18, 2011 at American Academy of Matrimonial Lawyers Continuing Legal Education seminar.
  • “409A and Select Benefits Issues for Employment Lawyers,” presented at the 16th Annual Labor and Employment Law Program providing continuing education for lawyers and HR professionals, The Seminar Group, August 15 and 16, 2013, Seattle.
  • “Legal Update: Review of Recent Federal Court Decisions Involving Employee Benefit Plans and ERISA,” presented at the Western Pension & Benefits Council Chapter Meeting, February 16, 2016, Seattle.
  • Advised employers and plan fiduciaries regarding benefits issues in connection with mergers, acquisitions and spin-offs, including transition of benefits and establishment of new benefit plans, assumption, merger, spin-off or termination of plans, due diligence and liability exposure, and participant voting of employer securities.
  • Obtained U.S. Dept. of Labor individual exemption from prohibited transaction rules for employer contribution to 401(k) plan for lost investment return on guaranteed investment contract ("GIC") issued by insurance company that failed.
  • Obtained IRS private letter rulings on tax-deferred status of non-qualified deferred compensation plans and rabbi trusts for executives.
  • Assisted clients with the design, drafting and amending of plans and summary plan descriptions, trust agreements, hardship withdrawal, ODRO and  loan policies and forms, and the filing of plans with the IRS for determination of tax-qualified status.
  • Calculated correction amounts, prepared correction for operational errors of 401(k) plans and other 401(a) plans under IRS's self-correction programs (VCR, EPCRS), advised clients regarding Dept. of Labor's self-correction program for fiduciary breaches under ERISA.
  • Frozen, terminated and wound-up pension plans, including receiving approvals from PBGC and IRS for distribution and confirmation of tax-qualified status on termination.
  • Advised clients regarding partial termination of pension plan, vesting requirements.
  • Advised clients regarding ability to amend and terminate retiree medical plans.
  • Advised plan fiduciaries on requirements for ERISA 404(c) protection.
  • Advised clients regarding the application and calculation of excise taxes for prohibited transactions or nondeductible contributions.
  • Advised clients on the taxation of and tax withholding from benefit distributions, including distributions of death benefits.
  • Advised clients regarding ERISA and securities requirements of employer stock in retirement plans, tax treatment of in-kind distributions of employer stock from retirement plans.
  • Advised clients on HIPAA privacy requirements for health plans.
  • Obtained letter of tax-exempt status for health benefit trust (VEBA).
  • Advised clients on tax, ERISA and age discrimination law issues regarding health expense reimbursement accounts, early retirement windows and contribution formulas for defined contributions retirement plans.
  • Prepared ERISA and non-ERISA welfare plan documents for employees working outside the U.S.
  • Advised bankrupt clients regarding termination of 401(k) plans, creditor issues.
  • Received Approval from Washington State Department of Retirement Systems for establishment of tax-qualified retirement plans as alternatives to participation in Public Employees Retirement System (PERS).
  • Advised clients regarding processing appeals of denied benefit claims under ERISA's claims procedure.
  • Negotiated settlement with U.S. Dept. of Labor regarding correction for employer's delay in remitting employee 401(k) deferrals.
  • Advised clients regarding prohibited transaction issues, including whether underlying assets of plan investment constitute plan assets, exceptions for Venture Capital Operating Companies and Real Estate Operating Companies and for investments by Benefit Plan Investors of less than 25%.
  • Negotiated service contracts for employers with investment managers and advisors, third party record keepers and administrators, and trustees, and claims against TPAs for errors.
  • Advised clients regarding rights of ESOP participants when plan sponsor is in bankruptcy proceedings.
  • Advised clients regarding compliance with blackout notice requirements under Sarbanes-Oxley.
  • Prepared deferred compensation plans, including 401(k) wraps, incentive bonus programs, rabbi and secular trusts and phantom stock and option plans for senior managers.
  • Advised clients regarding preparation of 5500s and independent audits of trusts, and internal compliance audits of plans.
  • Advised clients regarding withdrawal liability exposure under multiemployer, multiple employer and single employer defined benefit pension plans.
  • Advised clients regarding PBGC reporting requirements for defined benefit pension plans.
  • Advised clients regarding restrictions on amendments and distributions for underfunded defined benefit pension plans.
  • Advised clients regarding annuity purchases by defined benefit pension plans to reduce accrued liabilities.