Overview
With more than 38 years of experience specializing in employee benefit law and four years of retirement plan administration and actuarial work before law school, Carol is a leading attorney in her field. She provides knowledgeable and creative solutions for challenging compliance, correction and design issues for large and medium-sized companies.
Carol is engaged in the full range of employee benefits law compliance and transaction issues including retirement plans, deferred compensation programs, employee stock ownership plans, stock options, and health and welfare benefits. She specializes in clarifying and correcting difficult operational errors in complex retirement and 401(k) plans. Carol speaks frequently on all aspects of employee benefits matters.
Representative Experience
- Analysis and structuring correction recommendations for errors in operation of qualified retirement plans including incorrect contribution calculations, late depositing of 401(k) deferrals, participant loan errors, and document wording problems.
- Ongoing advice and recommendations for operational and document compliance for large manufacturing companies with facilities throughout the nation and other countries that offer multiple retirement and benefit plan structures for different employee groups including separate plans for collective bargaining employees.
- Design and implementation of combined 401(k) and cash balance plans for small professional practices.
- Representation of public hospitals and cities in Florida with respect to retirement, nonqualified deferred compensation, and welfare plans for governmental employees.
- Representation of tax-exempt hospitals in connection with 403(b) programs, retirement plans (qualified and nonqualified), and health and welfare plans.
- Experience with the special deferred compensation rules that apply to tax-exempt entities affecting operation and design alternatives.
- Representation of tax-exempt entities needing assistance correcting operational and document problems in nonqualified deferred compensation arrangements.
- Experience in the special 409A tax rules that affect the design, operation, and correction of nonqualified deferred compensation arrangements.
- Controlled group analysis of complicated business ownership structures involving multiple entities.
- Representation of sellers and buyers in business acquisition or sale transactions with respect to the impact of the transaction on benefit plan design and operation, including review and recommendations for benefit related wording in transaction agreements and preparation of necessary plan documentation to reflect the transaction.
- Experience in specialized wording relating to benefit programs that often appear in the documentation of financing and lending arrangements including affirmative representations, covenants, and events of default.
- Advice to companies regarding design alternatives for, and ongoing document and operational compliance of employee stock ownership plans.
- Experience in PEO (professional employer organization) benefit plan arrangements for both PEO direct employees and worksite employees.
Professional & Community Involvement
- American College of Employee Benefits Counsel, Fellow
- American Bar Association
- Tax Section Subcommittee on Multiple Employer Plans, PEOs, Controlled Groups & Affiliated Service Groups, Prior Chair
- Tax Section Employee Benefits Committee, Member and Frequent Speaker
- Real Property, Probate and Trust Law, Employee Benefits Committee Member
- Internal Revenue Service, Tax Exempt/Governmental Entities Advisory Council, Member
- American Lung Association, Sarasota Manatee, Past Chair of Manatee Annual Gala
- St Joseph’s Catholic Church (Bradenton)
- Chorale
- Chamber Choir
- Music Cantor
- Diocese of Venice, Special Events Choir
- The Florida Voices, Past Member
- Belle Canto Elite Women's Choir, current member
Recognition
- Martindale-Hubbell, AV Preeminent
- Florida Super Lawyers, 2007-2018
- The Best Lawyers In America®, 2006-2019
- Florida Trend, Florida Legal Elite, 2010-2011
Publications & Presentations
Events:
Another ERISA Fiduciary Duty? Protecting Your Benefit Plan's Confidential Information
Stearns Weaver Miller's 28th Annual Labor and Employment Law Seminar|April 2018
Publications, Recent News Updates:
Retirement Plan Hurricane Relief for Affected Participants
Stearns Weaver Miller News Update|November 2017
Events:
Changes in IRS Retirement Prototype and Volume Submitter Programs
The Group|October 2017
Events:
Benefits of Self Auditing Company Retirement Plans
Ascensus Consulting Annual CPA Update|June 2017
Events:
Employee Benefits Due Diligence
Ascensus Consulting Annual CPA Update|June 2017
Events:
Employee Plans Voluntary Closing Agreements
The Tampa Bay Pension Council|February 2017
Events:
Changes in Hardship Substantiation Rules and Modifications to Use of Forfeitures in 401(k) and 403(b) Plans
The Tampa Bay Pension Council|February 2017
Events:
Developments in DOL Fiduciary Rule
The Tampa Bay Pension Council|February 2017
Newsroom
Firm Announcements:
Stearns Weaver Miller Lawyers Recognized in Florida Super Lawyers 2018
June 2018
Firm Announcements:
Stearns Weaver Miller Lawyers Recognized in Florida Super Lawyers 2017
June 2017