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Sevawn Foster Holt

Partner

Sevawn has more than six years' experience representing clients on employee benefits and executive compensation matters. Much of her practice involves aiding clients in the creation and ongoing administration of executive compensation arrangements, including nonqualified deferred compensation plans, “top hat” plans, equity compensation plans, phantom equity plans, incentive compensation arrangements, employment agreements, severance agreements, and change-in-control arrangements. She regularly advises clients with respect to compliance with Internal Revenue Code Section 409A and the tax rules relating to deferred compensation.
 
Sevawn also drafts, restates and amends 401(k) plans, defined benefit plans, and employee stock purchase plans; oversees the correction of retirement plan errors using Internal Revenue Service and Department of Labor programs; and advises on executive pay matters, including Internal Revenue Code Section 280G and W-2/1099 tax reporting issues. 
 
Publications
  • "Benefit Basics: Supplemental Unemployment Benefit Plans," Benefits Magazine, July 2020 (co-author) 
  • "Taking a Look at Supplemental Unemployment Benefit Plans," Benefits Magazine, April 2017 (co-author)
  • "Arkansas’s Current Procedural Rulemaking Conundrum: Attempting to Quell the Political Discord," (37 U. Ark. Little Rock L. Rev. 105), 2014

  • Facilitated corrections of operational errors under Internal Revenue Code 409A to avoid executive excise taxes and penalties.
  • Obtained favorable decisions from the Internal Revenue Service on voluntary correction program filings for 401(k) plan operational errors that have saved clients hundreds of thousands of dollars.
  • Coordinated an Internal Revenue Code 280G shareholder vote to avoid excise taxes on executive compensation payouts upon a change in control.
  • Assisted with obtaining a favorable standard audit determination from the Pension Benefit Guaranty Corporation following the termination and liquidation of a pension plan.
  • Amended a nonqualified deferred compensation plan to comply with Internal Revenue Code 409A and to permit acceleration in connection with a company merger in line with Internal Revenue Service guidance.
  • Advised a public company on correcting and restating an expired employee stock purchase plan to limit tax penalties.
  • Assisted with negotiation of executive compensation arrangements, including severance payments and performance-based compensation.