P. Brian Bartels

(402) 231-8897
Partner
(402) 346-1148 Fax
P.Brian.Bartels@KutakRock.com

Mr. Bartels is a partner in the firm's Omaha office. He works with public (governmental), tax-exempt, and private sector clients on employee benefit plan issues. He advises clients on health and welfare plans, cafeteria plans, fringe benefits, and qualified and nonqualified plans. Mr. Bartels counsels clients on benefit plan design and administration issues and drafts plan documents, amendments, and summary plan descriptions. He assists clients with issues relating to the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). Since 2010, Mr. Bartels has worked closely with clients on questions regarding the Patient Protection and Affordable Care Act, as amended, and its implementing regulations. Mr. Bartels also counsels clients on employee benefit issues in the context of mergers, acquisitions, and divestitures.

Representative Experience:

  • Advised employers on health care reform implementation issues, including the Early Retiree Reinsurance Program, summary of benefits and coverage documents, coverage of adult children, preexisting condition exclusions, and annual and lifetime limits on benefits.
  • Drafted a variety of benefit plan documents, including cafeteria plans, health flexible spending arrangements, health reimbursement arrangements, dependent care assistance plans, wrap plans, and mobile electronic device reimbursement plans.
  • Reviewed and negotiated administrative services agreements for governmental self-insured health plans.
  • Drafted fiduciary handbooks for a variety of employee benefit plans, including 403(b) plans, 401(a) plans (defined benefit and defined contribution), a 457 plan, and a voluntary employees’ beneficiary association ("VEBA").
  • Advised multistate employer on income taxation of group health plan coverage provided to legally married same-sex spouses of employees following United States v. Windsor.
  • Prepared voluntary correction program ("VCP") applications and related documents.

Publications:

  • P. Brian Bartels (co-author), "Fiduciary Duties in the Public Sector," Benefits Magazine, April 2015.
  • P. Brian Bartels, "All (Not) Aboard: The Eighth Circuit Creates a Split in Authority By Determining a Single-Participant "Plan" is not an ERISA Plan in Dakota, Minnesota & Eastern R.R. Corp. v. Schieffer," Creighton L. Rev.---Forthcoming.
  • P. Brian Bartels and Daniel J. Wintz, "Considerations for Employee Benefit Plans and Human Resource Practices Following United States v. Windsor," The Nebraska Lawyer, Sept./Oct. 2013, at 9.
  • P. Brian Bartels, "Preventing Coffee Cooperation From Grinding to a Halt: An Institutional Analysis of the International Coffee Agreements’ Enforcement Mechanisms and Recommendations for Achieving Long-Term Cooperation in the International Coffee Trade," 42 Creighton L. Rev. 279 (April 2009).

Presentation:

Panelist for the 2014 Creighton Law Review Symposium "The Future of Employee Benefits in America: Emerging Issues Surrounding ERISA and Employee Benefits." Creighton University School of Law, Omaha, Nebraska, March 27, 2014.