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Randy Gegelman has broad experience in the employee benefits area, including extensive experience with qualified and non-qualified plans of deferred compensation, prototype plans, stock-based compensation arrangements, executive contracts and compensation, welfare benefits, and individual retirement arrangements. He has special expertise in 401(k) plans, ESOPs, defined benefit pension plans, stock based compensation arrangements and international pension issues. 401(k) Plans. There has been explosive growth in the number of 401(k) plans over the past several years as employers have gone into partnership with their employees to provide retirement income. Randy has extensive experience in 401(k) plan design and administration, including the complex non-discrimination rules that apply to such plans. He also works with several 401(k) plans that allow investments in employer stock, which requires sensitivity to federal tax, labor, and securities laws. Prototype Plans. Most financial service providers and law firms now make available prototype plans for their clients. Randy has drafted regional prototype profit sharing and pension plans that have been approved by the IRS. Randy also has been involved in the establishment and ongoing maintenance of prototype SEP and IRA programs by two national brokerage firms. Defined Benefit Plans. While the trend has been to 401(k) and other defined contribution plans, defined benefit plans remain an important part of the private retirement system in the U.S. Randy works with several large employers to insure that their plans comply with the increasingly complex tax and labor laws and yet remain cost-effective for the employer. This often requires coordination with actuaries and other benefit professionals, and sensitivity to the collective bargaining process. Stock Based Compensation. As a result of the recent increases in the individual marginal tax rate to as high as 39.6% (considering the 10% surtax), capital gains have become more attractive. This means that stock based compensation will become more popular. Randy has broad experience in stock based compensation arrangements, including employee stock ownership plans (ESOPs), stock bonus plans, stock purchase plans, stock options, and phantom stock programs. He is knowledgeable about the tax implications of such arrangements, the securities law requirements (including the new executive disclosure rules), and the financial accounting issues that must be considered. International Pensions. The globalization of the world economy has resulted in a significant increase in the number of multi-national companies with employees in foreign countries. Such companies have unique problems both under U.S. law and the laws of the foreign countries in which they operate. International Relocations. The globalization of the world economy has resulted in a significant increase in the number of multi-national companies and U.S. companies with employees in foreign countries. Such companies may call upon their employees to perform services outside of their home country as a short-term assignment or on a more long-term basis. Randy has worked with companies on the spectrum of employee benefit issues that arise when workers are reassigned to a foreign country, including pension/profit sharing coverage, medical care coverage, social security coverage, and the various expense payments and allowances associated with relocations. Randy has worked with such companies to allow their U.S. plans to accommodate foreign workers or to establish and operate plans that are tax-favored under foreign jurisdictions. Randy has extensive experience with the retirement system in Canada. He serves as counsel to companies who maintain a range of employee benefit programs in Canada, including registered retirement plans (RRPs), deferred profit sharing plans (DPSPs) employee profit sharing plans (EPSPs) and group registered retirement savings plans (RRSPs). He has regular contact with the regulatory authorities at Revenue Canada, the Office of the Superintendent of Financial Institutions, and in several Provinces. | 