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Brenda Berg

Partner

555 17th Street, Suite 3200, Denver, CO 80202
P 303.295.8029
OVERVIEW

Brenda provides invaluable insight to employers on a wide array of tax and ERISA matters affecting employee benefit plans.

She has over 20 years of experience as an employee benefits attorney plus a background in accounting and third-party 401(k) plan administration. Brenda’s advice ranges from the initial design and drafting stage, through the day-to-day administration questions and complications that arise. Brenda has extensive experience with 401(k), defined benefit, health and welfare, and nonqualified deferred compensation plans.

Brenda is currently the Practice Group Leader for the firm’s Tax and Benefits practice group.

CLIENT RESULTS

Client Results

Representative Clients and Matters

  • Recommend corporate governance structures and best practices for fiduciary governance.

  • Meet with plan committees and provide quarterly updates and ongoing fiduciary training on legal requirements for retirement plans and welfare plans.

  • Draft plan documents and summary plan descriptions for retirement plans (including 401(k) and defined benefit plans) and welfare plans (including self‐insured plans and cafeteria plans), and advise on compliance issues related to these programs.

  • Represent employers in IRS and DOL audits.

  • Assist with Affordable Care Act compliance.

  • Review service provider agreements and retirement plan fee disclosures.

  • Advise on fiduciary issues and legal requirements for holding employer stock in 401(k) plans.

  • Work on PBGC filings and negotiations for defined benefit plan funding requirements due to reportable events.

  • Advise on cash balance plans for professional services organizations.

  • Draft severance plans and consult on employee benefits matters in reductions in force (RIFs), including early retirement incentives, partial plan terminations, potential PBGC issues, COBRA, and separation agreements.

  • Recommend qualified plan corrections and prepare VCP submissions and self-correction statements.

  • Represent buyer or seller in employee benefits due diligence issues in transactions, and advise buyer on employee benefits structure for post-deal coverage of employees.

  • Help implement de-risking strategies for defined benefit plans, such as lump sum windows and annuity transfers.

  • Advise on correction of Section 409A compliance errors in administration of nonqualified deferred compensation plans, and draft IRS correction statements.

PRACTICES

Practices

ERISA and Benefits Litigation
Employee Benefits and Executive Compensation
Tax and Benefits
NEWS AND INSIGHTS

News

Publications

"A Preview of The Retirement Plan That Could Become Law," Holland & Hart News Update, 05/31/2019
"A Preview Of The Retirement Plan That Could Become Law," Law360, 05/29/2019
"The New Tax Bill & Employee Benefits: What is Changing? What is Not?," Holland & Hart News Update, Co-Author, 12/21/2017
"Maintaining 401(k) Plan Hardship Documentation Just Got Easier – Or Did It?," The National Law Review, Co-Author, March 6, 2017
"Does Your Employer Wellness Program Comply with the ADA?," Holland & Hart News Update, April 29, 2015

Speaking Engagements

"Defined Benefit Plan Communications... Explaining DB Specific Issues and Required Notices to Plan Sponsors," 2019 NIPA Annual Forum & Expo (NAFE), Co-presenter, April 2019
"How to Avoid Findings in an IRS or DOL Examination," Innovest & Eide Bailly: Cross Fit Training for Your Plan, January 2019
"Introduction to Cash Balance Plans for Non-Actuaries," Western Pension & Benefits Council Governing Board Webinar, November 2017
"Fiduciary Good Governance," Rocky Mountain Benefit Plans Conference, 2015
"Ask the Experts – DB Plans," Western Benefits Conference, San Francisco, CA, 2015
EDUCATION AND ADMISSIONS

Education

University of Colorado School of Law
J.D., 1998
University of North Dakota
B.Acc., 1993
  • cum laude

Bar Admissions

Colorado
RECOGNITION

Recognition

  • The Best Lawyers in America© Lawyer of the Year, Employee Benefits (ERISA) Law – Denver, 2017, 2019
  • The Best Lawyers in America©, Employee Benefits (ERISA) Law, 2013-2020; Tax Law, 2019-2020
PROFESSIONAL AND CIVIC AFFILIATIONS

Professional and Civic Affiliations

  • Western Pension and Benefits Council Governing Board (all chapters)
    President, 2017-2018; Past President, 2018-2019
    Board Member, 2013-2019
  • Western Pension and Benefits Council, Denver Chapter
    President, 2014-2016
    Board Member, 2009‐2017
  • Colorado Bar Association, Member
  • American Bar Association, Member
  • Former CPA designation, 1994; not currently licensed
  • Jefferson Unitarian Church, Trustee, Board of Trustees, 2012-2015
DISCLAIMER

Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.

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