Greta E. Cowart

Greta has extensive experience representing plan sponsors, plan administrators and benefit appeal committees including:

• Counseling clients through reducing risks of fluctuating liabilities due to pensions, retiree life, retiree medical and long term disability benefits.
• Representing clients in de-risking pension plans and disability plans
• Representing health care system in an Internal Revenue Service team audit of all of its retirement, welfare, fringe benefit and executive plans.
• Representing state school system in Internal Revenue Service audit of its 403(b) and 457 plans.
• Representing numerous clients before the Internal Revenue Service in correcting qualification issues in a number of qualified retirement plans under the Employee Plans Compliance Resolution System.
• Representing clients before the Internal Revenue Service to correct violations in 401(k), defined benefit and other qualified retirement plans, and 403(b) plans and to fix complex qualified plan issues.
• Representing numerous clients successfully through U.S. Department of Labor audits of their 401(k), ESOPs, welfare benefit plans and other employee benefit plans.
• Representing clients in moving retiree health benefits to private exchanges, including all regulatory compliance issues (tax, ERISA, and Medicare) and communications.
• Representing client through ESOP releveraging transaction to address repurchase liability
• Representing clients in connection with collective bargaining grievances related to benefits and other related issues.
• Representing corporations on merger strategy and benefit integration negotiation teams for retirement, health and welfare and executive compensation benefits.
• Representing employers against assessment of the employer shared responsibility tax
• Counseling corporations regarding establishing disability plan claims administration procedures, forms and practices for compliance, and to provide the best defense.
• Counseling clients with collectively bargained workforces regarding benefits issues considering collateral implications under collective bargaining agreements.
• Assisting clients with reversing outsourcing of benefits administration.
• Assisting in representation of plan sponsors, fiduciaries and administrators in ERISA litigation.
• Assisting corporations and managed care organizations regarding legal operating issues related to employee benefit plans.
• Analyzing extensive health plan issues under health reform, COBRA, HIPAA portability, GINA, Michelle’s Law, ADA, HIPAA privacy, HITECH and the Affordable Care Act and subsequent laws
• Obtaining private letter rulings resolving difficult defined benefit plan funding and qualification issues.
• Providing expert opinion to plan administrator in contested appeal of health plan benefit denial.
• Providing expert opinion to retirement plan committee facing multiple claimants to same benefit.
• Working with corporations analyzing their nonqualified deferred compensation issues under Code section 409A and proposing alternate designs.
• Represented retirement plan service providers during U.S. Department of Labor audits.
• Representing clients in outsourcing of benefits.
• Counseled hospitality industry client in corporate restructuring and $1.1 billion refinancing.
• Represented a leading modular building and portable storage provider in the Western U.S. in the sale of substantially all assets for a purchase price of $260 million.

• The Best Lawyers in America (Woodward/White Inc.), 2005-2023
  • Lawyer of the Year – Dallas, Employee Benefits (ERISA) Law, 2019
  • Employee Benefits (ERISA) Law, 2005-2023
• Texas Super Lawyer, Super Lawyers by Thomson Reuters, 2019-2022
• Lawdragon 500 Leading U.S. Corporate Employment Lawyers, 2020-2022
• “Best Lawyers in Dallas” List, D Magazine, 2008-2011, 2019-2020, 2022-2023
• The Top Women Attorneys in Texas, Super Lawyers, 2020-2021
• Indiana University Bicentennial Medal, 2020

Publications

• Author, “A Timeline for SECURE 2.0 and Health Act Changes to Group Health and ERISA-Covered Retirement Plans,” Bloomberg BNA Tax Management Compensation Planning Journal (June 2023)
• Co-author, “Worker Intake and Classification Issues and the Related Legal Challenges for Employers,” 64 Tax Mgmt. Memo No. 4, 53 (Feb. 13, 2023).
• Co-author, “Worker Intake and Classification Issues and the Related Legal Challenges for Employers,” 51 Tax Mgmt. Comp. Plan J. No. 2 (Feb. 3, 2023).
• Co-Author, Chapter 14A, A More Permanent 409A Foot Fault Correction Program for Operational Violations, Bender’s Federal Income Taxation of Retirement Plans (2022 edition)
• Co-Author, “Executive Compensation for Tax-Exempt Organizations Under the Final Regulations,” Bloomberg BNA Tax Management Compensation Planning Journal (September 2021)
• Author, “The American Rescue Plan Act’s COBRA Subsidy – Déjà Vu But Different: Considering the Guidance Issued Through April 30, 2021,” Bloomberg BNA Tax Management Compensation Planning Journal (May 2021)
• Co-Author, Chapter 14, Statutory Standards for Deferral Under IRC Section 409A, Bender’s Federal Income Taxation of Retirement Plans (2021 edition)
• Co-Author, Chapter 14A, A More Permanent 409A Foot Fault Correction Program for Operational Violations, Bender’s Federal Income Taxation of Retirement Plans (2021 edition)
• Author, “Multiemployer Pension Plan Changes in the American Rescue Plan Act”, Employee Benefit Plan Review, Wolters Kluwer, May 21, 2021, Vol. 75, Number 4.
• Author, “Health and Welfare Plan Changes in the Consolidated Appropriations Act, 2021,” Bloomberg BNA Tax Management Compensation Planning Journal (February 2021)
• Co-Author, “ERISA” Chapter of the Texas Employment Law Handbook, Texas Association of Business and Texas SHRM (2019-2021 edition)
• Author, “Coronavirus Relief Guidance for FSAs and Other Welfare Benefit Plans,” Bloomberg Tax – Tax Management Memorandum (June 2020)
• Co-Author, “Responding to the Covid-19 Pandemic — The Families First Coronavirus Response Act and Other Tools for Employers,” Bloomberg BNA Tax Management Compensation Planning Journal (April 2020)
• Author, “401(k) Plan Changes In SECURE Act May Necessitate System Changes,” Bloomberg Tax Tax Management Memorandum (February 2020)
• Co-Author, “Tools and Tripwires Involved in Using Retirement Accounts for Charitable Planned Gifts,” Bloomberg Tax Tax Management Estates, Gifts, and Trusts Journal (January 2020)
• Co-Author, “Tools and Tripwires Involved in Using Retirement Accounts for Charitable Planned Gifts,” Bloomberg Tax Tax Management Memorandum (December 2019)
• Co-Author, “INSIGHT: Tools and Tripwires Involved in Using Retirement Accounts for Charitable Planned Gifts,” Bloomberg Tax Daily Tax Report (December 2019)
• Author, “Affordable Care Act Shared Responsibility Penalties,” Bloomberg Law Benefits Guide: Basics, Health Care Benefits, Affordable Care Act Shared Responsibility Penalties (October 2019)
• Author, “COBRA Compliance,” Bloomberg Law Benefits Guide: Basics, Health Care Benefits, COBRA Compliance (October 2019)
• Co-Author, “INSIGHT: Notre Dame Fire Underscores Tools and Tripwires in Supporting Charitable Work Abroad,” Bloomberg Tax Daily Tax Report (April 2019)
• Co-Author, “A Deeper Look at Tax Reform’s Evolving New Game Plan for Tax-Exempt Organizations,” Bloomberg BNA Tax Management Compensation Planning Journal (March 2019)
• Co-Author, “Post-Flores v. City of San Gabriel: What Other Benefits Should Employers Be Wary Of,” Bloomberg BNA Tax Management Compensation Planning Journal (Sept. 2018)
• Co-Author, “A Whole Employer Approach to the Opioid Epidemic,” Bloomberg Law Daily Labor Report (Sept. 2018)
• Co-Author, “A Practical Look at Tax Reform’s Radical New Game Plan for Compensation in Tax Exempt Organizations,” ALI CLE’s The Practical Tax Lawyer (May 2018)
• “Insights Into Tax Reform’s Radical New Game Plan for Tax Exempt,” Bloomberg Tax Daily Tax Report (Feb. 2018)
• Co-Author, “When Is Your ERISA Plan or Flexible Benefit Plan Not Good Enough to Be a Bona Fide Plan?” Bloomberg Law Pension & Benefits Daily (Dec. 2017)
• “What Retirement Plan Sponsors and Employers Need to Know About Cybersecurity Risk and Liabilities,” Bloomberg BNA Tax Management Compensation Planning Journal (April 2017)
• “Cybersecurity Risks and Liabilities for Employers, Retirement Plan Sponsors and Fiduciaries,” Bloomberg BNA Pension & Benefits Daily (Feb. 2017)
• “Sponsors Shouldn’t Wait to Find Answers To Challenges of Unwinding the ACA,” Bloomberg BNA Pension & Benefits Reporter (Dec. 2016)
• “Liabilities from Health and Welfare Plans on Mergers and Acquisitions,” Bloomberg BNA (Feb. 2016)
• “The Big Picture of the Employer Shared Responsibility Tax,” Bloomberg BNA Pension & Benefits Daily (April 2015)
• “Finding Liberation in the Big Picture of the Employer Shared Responsibility Tax,” Bloomberg BNA Tax Management Memorandum (Feb. 2015)
• 389 T.M., Medical Plans – COBRA, HIPAA, HRAs, HSAs and Disability, Bloomberg BNA Report
• 330 T.M., Tax and ERISA Implications of Employer-Provided Medical and Disability Benefits, Bloomberg BNA Report
• Co-Author, 338 T.M., COBRA — Consolidated Omnibus Budget Reconciliation Act of 1985, Bloomberg BNA Revised Tax Management Portfolio
• “HIPAA Compliance Basics” and “COBRA Compliance,” Benefits Practitioners’ Strategy Guide

Speeches

• “Employee Classification Issues and Quandries for Employers and Record Keepers,” American Law Institute-Continuing Legal Education’s Employee Benefit Plans of Tax –Exempt and Governmental Organizations Webinar (October 2022)
• “Health Plan Update,” American Law Institute-Continuing Legal Education’s Employee Benefit Plans of Tax –Exempt and Governmental Organizations Webinar (October 2022)
• “The Year in Employee Benefits,” University of Texas School of Law’s 69th Annual Taxation Conference in Austin, Texas (December 2021)
• Panelist, “The Changing Landscape of COVID Rules, Regulations, and Policies: DOL Updates (EEOC, FFRCA); Can Vaccines Be Required? Paid or Unpaid Leave? ARPA, OSHA, Etc.,” COVID Impact Series co-hosted by the Texas Business Group on Health and Dallas Fort Worth Business Group (May 2021)
• “Health and Welfare Benefits Update,” ALI-CLE’s Employee Benefit Plans of Tax-Exempt and Governmental Employers 2020 Webcast (October 2020)
• “Evolving Rules for Executive Compensation for Tax Exempts, Charities and Governments- After the Proposed Regulations”, ALI-CLE Webinar (July 2020)
• “CARES Act: Retirement Plan Tools and Relief,” Jackson Walker Fast Takes webinar (April 2020)
• “CARES Act: Health Plan, Student Loan, and Employee Retention Relief,” Jackson Walker Fast Takes webinar (April 2020)
• “COVID 19 & Your Business Families First Coronavirus Response Act,” Jackson Walker webinar (March 2020)
• Panelist, “Corporate Wellness Plans That Work,” Women in the Know Wellness Roundtable (March 2020)
• “Analyzing the New Mechanisms for Health Benefits Delivery,” ALI-CLE Employee Benefit Plans of Tax Exempt and Governmental Employers, Washington, DC (October 2019)
• “Evolving Rules for Executive Compensation for Tax Exempts, Charities, and Governments,” ALI-CLE Employee Benefit Plans of Tax Exempt and Governmental Employers, Washington, DC (October 2019)
• Panelist, “Preparing Your 401(k) Plan for Inspection,” Southwest Benefits Association (SWBA) 2019 Webinar Series, (June 2019)
• “New IRS Guidance on the Section 4960 Excise Tax on Tax Exempt Organizations,” American Bar Association, Joint Committee on Employee Benefits Webinar (March 2019)
• Co-Author, “Case Studies for 457(f) and 409A Proposed Regulations,” ALI-CLE Employee Benefit Plans of Tax-Exempt and Governmental Employers (Sept. 2018)
• “Welfare Plan Issues and Benefits Update,” ALI-CLE Employee Benefit Plans of Tax-Exempt and Governmental Employers (Sept. 2018)
• “Executive Compensation Limits for Tax Exempts, Charities, and Governments After the Tax Cuts and Jobs Act,” ALI-CLE Employee Benefit Plans of Tax-Exempt and Governmental Employers (Sept. 2018)
• “Managing Hidden Risks in the HR Department,” SouthWest Benefits Association (Aug. 2018)
• “Managing Hidden Risks in the People Department,” ACC Charlotte (July 2018)
• “What Do I Do Now? Responding to Today’s Most Significant Employee Benefits Changes,” ALI-CLE On-Demand CLE (April 2018)
• “The New Disability Claims Regulations,” ALI-CLE The Year in Employee Benefits (April 2018)
• “Advising Tax Exempt Compensation Committees in Light of New Code section 4960,” ALI-CLE (March 2018)
• Panelist, Indiana University Kelley School of Business 2nd Annual Women’s Leadership Summit (March 2018)
• “Healthcare Twister,” Texas Minority Counsel Program (Nov. 2017)
• “Welfare Benefits Update and Retirement Plan Data Security,” ALI-CLE Employee Benefit Plans of Tax-Exempt and Governmental Employers (Oct. 2017)
• Co-Author, “The Evolving Landscape for Wellness Programs,” ALI-CLE Employee Benefit Plans of Tax-Exempt and Governmental Employers (Oct. 2017)
• “Plan Sponsors Growing Fiduciary Responsibilities for Cyber Security,” SPARK Institute National Conference (June 2017)
• Video Webcast, ALI-CLE The Year in Employee Benefits (March 2017)
  • “Trusted Fiduciaries Giving Investment Advice: What’s It Like to Be a “Gandalf”?”
  • “ACA Update”
  • “The New World of Labor Department Investigations”
  • “What is the Duty to Protect Retirement Plan Data?”
• “Welfare Benefits Update,” ALI-CLE Employee Benefit Plans of Tax-Exempt and Governmental Employers (Oct. 2016)
• “Employer Shared Responsibility 3.0” and “Claim Proofing Your Welfare Benefit Plan,” ALI-CLE (April 2016)
• “Worker Misclassification: the Game Changes and Consequences” ABA Section of Taxation (March 2016)
• “Reportable Events, New Waivers and Notifications, and U.S. Department of Labor Proposed Disability Claim Regulations, et. al.,” ALI-CLE (Dec. 2015)
• “What You Need to Know About ERISA: A Comprehensive Overview,” Bloomberg BNA Conference (Oct. 2015)
• “Retiree Medical Benefits Liabilities After the U.S. Supreme Court’s Decision in M&G Polymers USA, LLC v. Thackett,” The American Law Institute Continuing Legal Education Telephone Seminar/Audio Webcast (March 2015)

In the News

• “Private Equity Isn’t for Every Retirement Plan, Advisers Say,” Bloomberg Law (June 2020)

Professional

• American College of Employee Benefits Counsel, Fellow, Since 2005
• American College of Tax Counsel, Fellow, Since 2012
• American Law Institute, Since 2004
  • Curriculum Advisory Panel, Since 2009
  • CLE Program – Employee Benefit Plans of Tax-Exempt & Government Employers, Co-Planning Chair, Since 2014
• Bloomberg BNA Compensation Planning Advisory Board, Since 2017
• BNA Pension and Benefits Advisory Board, 2007-2016
  • Chair, 2016
• Dallas Bar Foundation, Life Fellow, Since 2009
• Indiana Bar Foundation, Fellow, Since 1995
• Indiana University Maurer School of Law
  • Founder – DFW Indiana University Maurer School of Law Alumni Group, Since 2012
  • Adjunct Professor – “Transactional Drafting: Anatomy of a Deal,” Since 2017
  • Alumni Board, 2010-2015
• American Bar Association Section of Taxation, Employee Benefits Committee
  • Chair, 2006-2007
  • Chair Elect, 2005-2006
  • Vice Chair, 2002-2005
  • COBRA Subcommittee, Chair (1997-2002)
• Indiana State Bar Association Section of Taxation, Chair, 1994-1995
• SMU Dedman School of Law, Adjunct Faculty, 2018, 2019
• SouthWest Benefits Association
  • Board Member, 1998-2001
  • Chair, Education Committee, 1998-2001
• U.S. Department of Labor and Department of Health and Human Services’ Children’s Health Insurance Program (CHIP) Working Group, Member, 2009-2011

Community

• Attorneys Serving the Community
• King of Glory Lutheran Church, 2000-2020
  • Finance Committee, Co-Chair, 2005-2006
  • Adult Education Committee, 2005-2011
  • Adult Education Teacher, 2005-2020
• Registered Pet Partner Therapy Dog Team Handler and Volunteer, Since 2015
• Arcadia Foundation
  • Board Member, 1999-2003
  • Chair, 2001-2003
• Briarwood Retreat Center, Board Member, 1998-2001