Randy L. Gegelman

Partner

randy.gegelman@FaegreBD.com
Direct: +1 612 766 8066
Minneapolis Office
2200 Wells Fargo Center
90 S. Seventh Street

Minneapolis, Minnesota 55402-3901

Contact Information


randy.gegelman@FaegreBD.com2200 Wells Fargo Center
90 S. Seventh Street
Minneapolis, Minnesota 55402-3901
T: +1 612 766 8066
F: +1 612 766 1600

Education

Washington University School of Law
J.D., Order of the Coif (1987)
North Dakota State University
B.A. (1983)

Bar Admissions

Illinois Minnesota Missouri

Randy L. Gegelman

Partner

Randy Gegelman is the group leader of our Benefits and Executive Compensation group. He has more than 20 years experience in the employee benefits and executive compensation areas, including experience with qualified and non-qualified plans of deferred compensation, stock-based compensation arrangements, and executive contracts and compensation. He has special expertise in stock-based 401(k) plans, hybrid pension plans, executive compensation arrangements and international pension issues. He also represents financial institutions that offer product and services into this employee benefits market.

Stock-Based 401(k) Plans. Randy works extensively with 401(k) plans that allow investments in employer stock, which requires sensitivity to federal tax, labor, and securities laws.

Hybrid 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 Fortune 100 and Fortune 500 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. Randy works with many cash balance and other hybrid pension plans, and has worked through many cash balance conversions and choice processes.

Executive Compensation. Randy is the team leader of our executive compensation practice. He has written many articles and speaks on 409A and 162(m) issues, and works with many incentive arrangements and non-qualified deferred compensation arrangements.

International Benefits. The globalization of the world economy has resulted in a significant increase in the number of multi-national companies. Randy has worked with companies on the spectrum of employee benefit issues that arise when workers are reassigned to a foreign country. 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 deep experience with the retirement system in Canada. He serves as counsel to companies who maintain a range of employee benefit programs in Canada, including RRPs, DPSPs, EPSPs and group RRSPs.

Product and Services. Randy represents recordkeepers, insurance companies, investment managers, trustees and other service providers on their product and service offerings into the employee benefits market.

Presentations

  • What Every Lender's Lawyer Should Know About ERISA
    Minnesota Continuing Legal Education (MCLE), Business Law Institute (2012)
  • Rethinking Retirement Plan Governance
    Western Pension Council Meeting (2012)
  • Filing 5500 Schedule C: Ensuring Compliance with Disclosure and Reporting Requirements
    CCM Center for Competitive Management Audio Conference (2010–11)
  • Phased Retirement: Employee Benefits in a Phased Retirement Program
    Institute of Management and Administration (IOMA) National Webinar (2006–11)
  • Global Mobility in Today's Dynamic International Employment Marketplace
    Minnesota Continuing Legal Education (MCLE), Business Law Institute (2011)
  • 10 Trends and Issues in Executive Compensation – For Both Public and Private Companies
    2011 Upper Midwest Employment Law Institute (2011)
  • Of ERISA Fees and Fiduciaries: A Tale of Who Paid It and How Much 
    Minnesota Continuing Legal Education (MCLE) (2010)
  • Filing Form 5500-Understanding Schedule C
    BNA webinar (2010)
  • A Panel Discussion: Qualified Retirement Plans in Mergers and Acquisitions
    Midwest Pension Conference, Minneapolis Chapter (2010)
  • Global Mobility in Today's Workforce: Strategic Management of Immigration, Tax, Employment & Employee Benefits
    International Business Briefing, Minneapolis and Denver (2010)
  • Advanced Employment Issues Seminar: Presenter on topic of "Executive Compensation"
    Minnesota Continuing Legal Education (MCLE) (2010)
  • Panelist on Topic of Executive Compensation Developments
    Faegre Baker Daniels - Directors Forum (2009)
  • Inside Track with Broc: Randy Gegelman on Hurdles to E-Delivery of Proxy Materials to Plan Participants
    Corporate-Counsel.net Podcast (2008)
  • Performance-Based Compensation After IRS Reversal on Early Termination
    Legal Publishing Group of Strafford Publication Teleconference (2008)
  • Employee Benefits & Executive Compensation in Mergers & Acquisitions
    Twin Cities Chapter of International Society of Certified Employee Benefit Specialists (ISCEBS); Contemporary Issues in Benefits Seminar (2008)
  • Phased Retirement: Solutions to Overcome Obstacles and Implement an Effective Program
    Center for Competitive Management (CCM) Audio Conference (2008)
  • New 401(k) Fee Disclosure Regulations and Form 5500 Changes
    Institute of Management and Administration (IOMA) National Audio Conference (2007)  
  • 401(k) Plan Fee Litigation
    Twin Cities Chapter of International Society of Certified Employee Benefit Specialists (ISCEBS), Contemporary Issues in Benefits Seminar (2007)
  • Roundtable Discussion; ESOP Regulatory Update
    Employee Ownership Conference of the National Center for Employee Ownership (NCEO) and Beyster Institute (2006)

Legal Updates

  • Disability Chapter and Steps for Determining Specified Employee Status Under Section 409A
    Contributing Author, BNA Section 409 Handbook (2010)
  • Quoted in article "Should You Tap Your 410(k) to Start Your Business"
    Entrepreneur Magazine (2010)
  • Quoted in article "Early Form 5500 Schedule C Filings for 2009 Provide Effective Enforcement"
    BNA Pension and Benefits Reporter (2010)
  • Schedule C: Disclosing and Documenting Eligible Indirect Compensation
    Faegre Baker Daniels Benefits Update (2010)
  • With Tomlinson Reversal, Fair Pay Act May be Fatal to Ripeness Arguments
    Thompson Pension Plan Fix-It Handbook and The 401(k) Handbook (2010)
  • Practical Pointers for Plan Fiduciaries in Uncertain Economic Times
    Trends (2009)
  • The Impact of Disability on Non-Qualified Deferred Compensation Under Code Section 409A
    Faegre Baker Daniels Executive Compensation Update: Practical Advice Regarding 409A (2007, republished 2009)
  • Modified Work Arrangements for Employees Under Code Section 409A
    Faegre Baker Daniels Executive Compensation Update: Practical Advice Regarding 409A (2007, republished 2009)
  • Specified Employee Status Under Code Section 409A
    Faegre Baker Daniels Executive Compensation Update: Practical Advice Regarding 409A (2007, republished 2009)
  • Separation Pay Options Under Code Section 409A
    Faegre Baker Daniels Executive Compensation Update: Practical Advice Regarding 409A (2007, republished 2009)
  • Treasury Bailout Program Restricts Executive Pay for Participating Asset Holders
    Aspen Publishers Corporation, Vol. LXXIX No. 21 (2008)
  • Plan Executive Compensation Update: Just the Facts (and Circumstances) Please-Substituting One Compensation Form for Another
    Trends (2008)
  • Quoted in article "Cash balance plans back on the agenda for US firms"
    Global Pensions (2008)
  • Quoted in article "Still Working? Retirement was then. Phased retirement is now."
    Illinois CPA Society, INSIGHT magazine (2008)
  • Executive Compensation Update: IRS Issues Surprise 162(m) Rulings
    Aspen Publishers Corporation (2008)
  • Being a Good Shopper Under ERISA—Fees and Fee Disclosure Issues
    Aspen Publishers, Employee Benefit Plan Review, Volume 62, Number 2 (2007); Trends (2007) 
  • Traditional and Hybrid Pension Plans—What Should You Be Doing Now to Prepare for 2006
    Thompson Publishing Group, Human Resources Journal, Winter (2006)
  • Quoted in article "Roth 401(k):  another slant on savings, taxes"
    Star Tribune (2005)
  • International Stock Ownership as a Benefits Strategy
    FaegreBD.com (2003); Illinois State Bar Association (ISBA), The Corporate Lawyer, Vol. 41, No. 7 (2004)

Related Practices

Benefit Plan Governance
Corporate
ERISA, Benefits & Executive Compensation
Executive Compensation
Investment Management
Labor & Employment
Mergers & Acquisitions
Public Companies
Tax-Qualified Pension, Profit-Sharing & 401(k) Plans

Related Industries

Banking & Financial Services
Food & Agriculture

Media Mentions

09-March-2011 - Risk & Insurance Quotes Gegelman and Maly for In-Depth Series on Employee Benefits
01-July-2010 - Randy Gegelman Talks 401Ks in Entrepreneur Magazine

Education

Washington University School of Law
J.D., Order of the Coif (1987)
North Dakota State University
B.A. (1983)

Legal Updates

04-May-2012 - ERISA Fee Disclosures FAQs
28-February-2011 - Unmarried Spouses in Illinois – Rights and Obligations under Employee Benefit Plans
17-March-2010 - Schedule C: Disclosing and Documenting Eligible Indirect Compensation
22-October-2009 - Tomlinson Reversal May Suggest Fair Pay Act Is Fatal to Ripeness Arguments in ADEA Pension Cases
15-April-2009 - Practical Pointers for Plan Fiduciaries in Uncertain Economic Times
23-March-2009 - Practical 409A: Separation Pay Options Under Code Section 409A
23-March-2009 - Practical 409A: The Impact of Disability on Non-Qualified Deferred Compensation Under Code Section 409A
23-March-2009 - Practical 409A: Modified Work Arrangements for Employees Under Code Section 409A
23-March-2009 - Practical 409A: Specified Employee Status Under Code Section 409A
03-October-2008 - Treasury Bailout Program Restricts Executive Pay for Participating Asset Holders
15-July-2008 - Executive Compensation Update: Just the Facts (and Circumstances) Please—Substituting One Compensation Form for Another
03-March-2008 - Practical 409A: Continued Insurance Coverage, Reimbursement and In-Kind Benefit Commitments Under Section 409A
08-February-2008 - Electronic Delivery of Proxy Materials to Plan Participants
08-February-2008 - IRS Issues Surprise 162(m) Ruling
27-June-2007 - Being a Good Shopper under ERISA–Fee and Fee Disclosure Issues
23-August-2005 - Employers Seek Legal Shelter for "Phased Retirement" Plans

News

20-April-2011 - Gegelman and Lee Serve as Panelists at National Phased-Retirement Webinar

Bar Admissions

Illinois
Minnesota
Missouri

Events

11-January-2012 - Good Governance
08-December-2010 - Of ERISA Fees and Fiduciaries: A Tale of Who Paid It and How Much
26-May-2010 - Filing 5500 Schedule C: Ensuring Compliance with Disclosure and Reporting Requirements
13-May-2010 - A Panel Discussion: Qualified Retirement Plans in Mergers and Acquisitions
27-January-2010 - Passport to Success

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