William L. Sollee, Jr. is a nationally-recognized expert on the regulation of employee benefit plans and executive compensation arrangements under the Internal Revenue Code and ERISA. Many of the most sophisticated corporations in the world – General Motors, Chrysler, Ford Motor, Boeing, Xerox, Caterpillar, DuPont, Anheuser-Busch, Cisco, Bristol-Myers Squibb, Mattel, and Sodexo, among others – have relied on Mr. Sollee to guide them through the Tax and ERISA standards governing employee benefit plans and represent them before the IRS and other government agencies. He frequently provides advice on the application of Code section 409A and leads comprehensive Tax Code compliance reviews of qualified plans, a service he has now performed for plans with assets in the aggregate exceeding $250 billion.
Clients have benefited significantly from Mr. Sollee’s creativity and problem-solving ability over the years. Mr. Sollee’s benefit designs have been successfully adopted by Fortune 50 and other major corporations. He has devised innovative new approaches to more efficiently finance and secure nonqualified deferred compensation plans and to optimize benefit-related tax deductions. Mr. Sollee’s ingenuity once even “saved” the New York State hospital financing system from collapse (if you believe the Times ).
Mr. Sollee has particular expertise in the following areas:
- Qualified retirement plans regulated under Internal Revenue Code sections 401, 401(k), 411, 436 and related provisions
- Deferred compensation plans and executive compensation subject to Code sections 83, 162(m), 402 and 409A
- VEBAs subject to Code sections 419, 419A and 512
- Cafeteria plans subject to Code section 125
- Worker classification issues involving the application of common law standards and section 530
- The tax treatment of compensation and benefit programs generally, including employee benefit tax accounting methods under Code sections 162, 404 and 419A
Mr. Sollee also frequently advises pension sponsors regarding compliance with ERISA fiduciary standards, having developed particular expertise in designing administrative structures that reduce exposure to lawsuits challenging breach of fiduciary duty.
Significant Projects and Rulings
In the past several years, Mr. Sollee:
- Secured IRS approval for a never-before-approved accounting method change authorizing a multi-million dollar acceleration of deductions for VEBA retiree medical contributions
- Was lead outside pension tax counsel in a high-profile bankruptcy case during which he negotiated the largest pension plan funding waivers ever granted by the IRS and PBGC (PLRs 200730026, 200730027)
- Represented two automotive companies in their negotiations with IRS to secure approval of a multi-billion dollar transfer of pension assets from one sponsor's pension plan to the other's (PLR 200734022)
- Helped another multinational corporation secure an IRS private letter ruling on a complex qualified plan issue of first impression (PLR 200237026)
- Received IRS approval for an innovative retiree-medical funding vehicle involving a multinational employer’s 401(k) plan
- Successfully negotiated scores of other favorable government rulings, no-action agreements and settlements
Mr. Sollee also frequently assists clients during the comment period following the issuance of proposed regulations, helping ensure that final regulations do not have unintended consequences on the client’s benefit structure.
Government Service
Legislation Counsel, U.S. Joint Committee on Taxation, 1991 - 1992
Tax Counsel, U.S. Senate Committee on Finance, 1993 - 1994
Honors & Awards
Listed in Legal 500
Listed in Best Lawyers in America
Memberships & Affiliations
American Bar Association, Tax Section, Employee Benefits Committee
District of Columbia Bar, Tax Section, Employee Benefits Committee
Publications
- January 8, 2010
409A Document Corrections Under Notice 2010-6
BNA Pension & Benefits Daily - September 14, 2009
Seventh Circuit's Contilli Decision Clarifies Requirements for Post-Retirement Actuarial Adjustments
Ivins, Phillips & Barker - September 9, 2009
401(k) Automatic Contribution Arrangement
Ivins, Phillips & Barker - September 9, 2009
Implementing a 401(k) Automatic Enrollment Arrangement - June 25, 2009
Accelerated Deductions for Self-Funded Medical IBNR Reimbursements – Even Faster than You May Have Believed
Ivins, Phillips & Barker - April 16, 2007
Salary Continuation Arrangements: Still Viable But Proceed With Caution Under Final Code 409A and 415 Regulations
Ivins, Phillips & Barker - January 2006
Section 409A: Five Points That May Surprise You
Ivins, Phillips & Barker - February 10, 2005
SERPs and Elective Deferral Plans Must Comply With §409A
Pension & Benefits Daily - February 9, 2005
Executive Employment Agreements Must Comply With Section 409A
Daily Tax Report - July 2003
VEBA UBIT Flash
Ivins Phillips & Barker
Speeches & Presentations
Complying with New Section 409A, DC Bar, Section of Taxation Employee Benefits Committee, 2006
News
Education
The University of Michigan Law School, 1988, J.D., with honors
Harvard University, 1985, A.B. in Applied Mathematics, with honors
- Admitted with sophomore standing
Bar and Court Admissions
District of Columbia
Maryland
U.S Tax Court