Chuck Campbell represents public and private sector clients in all areas of employee benefits and executive compensation. He regularly assists clients in the design, drafting, and compliance aspects of retirement plans (including 401(k), 403(b), and traditional pension plans), health and disability plans, deferred compensation plans (including handling aspects of 409A and 457 compliance), stock option and other equity compensation plans, severance arrangements, and executive employment agreements. In addition, a significant part of his practice involves representing public pension plans and their trustees. Chuck has unique experience addressing the varied issues that these organizations face, including issues surrounding plan administration, tax-qualified plan compliance, fiduciary responsibility, and plan investments.
Chuck also has extensive experience in handling the employee benefit issues involved in mergers, acquisitions, and other transactions, including the drafting and negotiation of relevant provisions in the transaction documents and the handling of the various transition issues that arise in such transactions. Because his practice focus is on federal income tax and ERISA issues, Chuck also represents clients before the Internal Revenue Service and the Department of Labor, including the filing of determination letter requests and submitting retirement plans under the voluntary correction program of the IRS.
B.S., Washington and Lee University
J.D., with honors, University of Texas School of Law
- Restructure entire compensation program for large privately held company, including termination of existing non-qualified plans in compliance with Section 409A of the Internal Revenue Code, designing and drafting new long-term incentive compensation plans for executives and all employees, review existing annual bonus incentive plan, and negotiate and draft employment agreements for key executives.
- Perform detailed analysis relating to various documentation and operational issues arising under large employer’s 401(k) plan, including advise client with respect to corrective action under the IRS’ Employee Plan Compliance Resolution System (EPCRS), prepare Voluntary Correction Program filing with the IRS, and complete filing under Department of Labor’s Delinquent Filer Voluntary Compliance Program.
- Address all employee benefit issues in significant acquisition involving a publicly traded company, including advise client on all executive compensation issues arising due to change in control (severance, stock option vesting, etc.), analysis on potential withdrawal liability in connection with participation in multi-employer plan, and negotiate process for benefit transition in connection with transaction.
- Handle all legal matters for large municipal retirement system, including preparing request for determination letter on qualified status of the plan, drafting legislation and administrative rules with respect to plan design and operational matters, reviewing all benefit claims and qualified domestic relations orders, advising Board of Trustees on fiduciary implications of relevant actions, and reviewing and negotiating investment agreements.
- Counsel large multi-national corporation on health and welfare benefit plan matters, including eligibility issues under health plan, administrative issues relating to health flexible spending account plan and review of various plan communications to participants.
- Draft and implement broad-based stock incentive plan for local publicly-traded corporation, including design of vesting provisions tied to specific individual and organizational performance goals.
- Negotiate employment agreements and other compensation arrangements for chief executive officer, presidents, and other executive officers on behalf of various clients, including publicly traded corporations, large privately-held companies, federal credit unions, large non-profit institutions and private universities.
- Prepare investment policy statement in connection with hiring of new investment consultant by governmental defined contribution plan, including review and negotiation of investment consulting agreement.
- The Best Lawyers in America (Woodward/White Inc.)
- Lawyer of the Year – Austin, Employee Benefits (ERISA) Law, 2019, 2021
- Employee Benefits (ERISA) Law, 2008-2022
- Bronze Leadership Award, Junior Achievement of Central Texas, 2006
- “Texas Rising Star,” Super Lawyers by Thomson Reuters, 2005
- “Retirement Plans to Fit Any ESD,” SAFE-D 19th Annual Conference, Texas State Association of Fire and Emergency Districts, Galveston, TX (February 2020)
- “The Nuts & Bolts of Board Governance,” National Association of Public Pension Attorneys (NAPPA) Winter Meeting, Tempe, AZ (February 2020)
- “This Play is Under Further Review: Legal & Regulatory Developments in the Benefit Claims and Appeals Process,” 2020 Legislative Conference, National Conference on Public Employee Retirement Systems (NCPERS), Washington, D.C. (January 2020)
- Panelist, “Preparing Your 401(k) Plan for Inspection,” Southwest Benefits Association (SWBA) 2019 Webinar Series, (June 2019)
- “Legal Implications and Ethics of Trustee Communications – When Talk is NOT Cheap,” National Conference on Public Employee Retirement Systems (NCPERS) Annual Conference-Trustee Educational Seminar, Austin, TX (May 2019)
- “Fiduciary Considerations In Determining Actuarial Assumptions,” National Conference on Public Employee Retirement Systems (NCPERS) Public Safety Conference, Las Vegas, NV (October 2018)
- “Current Legal Issues Facing Your Fund,” Texas Local Fire Fighters Retirement Act (TLFFRA) Educational Conference, Temple, TX (September 2018)
- “Trustees Say the Darndest Things – Trustee Communications and Your Obligations as Counsel,” National Association of Public Pension Attorneys (NAPPA) 2018 Legal Conference, Savannah, GA (June 2018)
- “Texas Pension Legislation in 2017 and the Road Ahead,” Texas Local Fire Fighters Retirement Act Educational (TLFFRA) Conference, The Woodlands, TX (October 2017)
- Fiduciary Forum, John Hancock Investments and TIAA-CREF (October 2017)
- “Breaking Bad – How to Identify and Maintain Your Ethical Core,” National Association of Public Pension Attorneys (NAPPA) 2017 Legal Conference, Monterrey, CA (June 2017)
- “Fiduciary Compliance and Your 401(k) Plan-Our Top 10 Tips,” Dimensional Fund Advisors DC Spotlight Webinar Series (March 2016)
- “Employee Benefits & Executive Compensation,” Texas Association of Certified Public Accountants Annual Meeting (August 2015)
- “Executive Compensation, Stock Options and Severance,” Association for Corporate Counsel (February 2015)
- “Health Reform Update: Getting Ready for 2014,” Maxwell Locke & Ritter LLP Seminar (August 2013)
- “Healthcare Reform After the Election: Getting Ready for 2014,” Jackson Walker Symposium for Business Owners (March 2013)
- “So You Want to Invest in Alternatives? A Fiduciary Primer to Starting and Managing Alternative Asset Investment Programs,” National Association of Public Pension Attorneys 2012 Legal Education Conference (June 2012)
- Public Pension Plans in Texas: Impressions from the Public Conference (2012)
- “401(k) Plan Administrative and Testing Issues,” Southwest Benefits Association (March 2012)
- “Current Legal Issues Facing Your Fund,” Texas Local Fire Fighters Retirement Act Educational Conference, Lufkin (September 2014); Lubbock (September 2013); Galveston (September 2012)
- Austin Human Resources Management Association
- Austin Young Lawyers Association
- Good Shepherd Episcopal School
- Board of Trustees, 2007-2011
- President, 2008-2010
- Junior Achievement of Central Texas
- Board of Trustees, 2003-2011
- Executive Committee
- Memorial Endowment Fund of Good Shepherd Episcopal Church, Board of Trustees
- National Association of Public Pension Attorneys
- Travis County Bar Association
- West Austin Youth Association
- Soccer Coach
- Basketball Coach
- Flag Football Coach