Scott D. Newsom is a partner in the tax and benefits department concentrating his practice on employee benefits, executive compensation and multiemployer retirement, and health and welfare plans. Scott represents clients in a wide range of industries including manufacturing, construction, food services, retail, health care, and financial services.
Scott prioritizes clear and consistent communication with his clients. Scott’s dedication to understanding his clients’ objectives and business challenges results in a more strategic application and compliance with the complex and constantly developing areas of employee benefits and executive compensation. His clients often express their appreciation for his ability to translate the legal requirements of ERISA and the Internal Revenue Code into available and practical courses of action for their business.
Scott is experienced in all aspects in the design and maintenance of defined benefit plans, cash balance pension plans, 401(k) and profit sharing plans, including strategies to leverage contributions to owners and key employees. He represents employers in their interactions with the Internal Revenue Service and the Department of Labor involving plan issues, including correction of plan operational errors, prohibited transactions, and plan audits and investigations. With the significant developments in health and welfare benefits, Scott has immersed himself in the constant new requirements and opportunities in health and wellness that impact his clients’ businesses.
Representative Matters include:
- Advise Fortune 500 companies, hospital systems and entrepreneurial employers on the impact and implementation of the Affordable Care Act on their employee benefits.
- Advise Fortune 500 company on employee benefit implications on numerous acquisitions and divestitures of assets.
- Represent companies on multiemployer withdrawal liability matters, including the impact of corporate reorganizations and transactions on exposure to withdrawal liability.
- Design of cash balance pension plan for high net worth individuals for significant tax deferred wealth accumulation.
- Preparation of Voluntary Compliance Program filing under the IRS Employee Plans Compliance Resolutions System on behalf of employer, which ultimately received significant reduction of correction contribution cost based on negotiated alternative correction.
Multiemployer Pension and Health and Welfare Benefits
Scott represents numerous Boards of Trustees of multiemployer retirement and health and welfare plans. Scott’s extensive experience in this unique area results in an efficient and cost savings representation for these clients.
Representative Matters include:
- Demand and collection of withdrawal liability for multiemployer pension plan, including advice on determinations on requests for review, and representation through arbitration of issues remaining in dispute.
- Representation of multiemployer retirement plans through Department of Labor audit and investigation.
- Design and drafting of supplemental unemployment benefit plan.
- Design and drafting of voluntary benefits program that permits participants to apply employer contributions towards nontaxable benefits such as a medical reimbursement account, dependent care assistance, educational expense reimbursement, and term life insurance.
Scott often assists companies incentivize and retain key employees through the use of a wide range of executive compensation tools, including nonqualified deferred compensation plans, equity and stock option plans, and executive pension plans.
Representative Matters include:
- Design of deferred bonus and retention program for specialized high profit employees of construction company.
- Design and implementation of phantom stock plan for fast growing specialty agriculture company.
- Advise technology company on long term incentive compensation plan for minority shareholders and key executives.
Scott is active in the community and serves in a variety of leadership roles. Scott serves as a member of the St. Joseph’s School of Sylvania Advisory Board, the Board of Directors of Catholic Charities of Toledo, and a volunteer coach for Sylvania recreation baseball and soccer. Scott has previously served on the Board of Directors of Leadership Toledo, Sylvania Community Services, and the Northwest Ohio Hemophilia Foundation. Scott was a previous recipient of the 20 under 40 Leadership Award for Toledo. Scott is a member of the Toledo Bar Association, Ohio Bar Association, Indiana Bar Association, American Bar Association, and the International Foundation of Employee Benefit Plans.
- Ohio Rising Star by Super Lawyers magazine, 2010
Events and Presentations
|03.18.2016||Employers' Association of Northwest Ohio 2016 Annual Human Resource Conference, "The Wellness Wilderness. Legalities of Workplace Wellness Programs," Toledo, Ohio|
|03.08.2016||University of Toledo Center for Family and Privately-Held Business, "Incentive Compensation: Rewarding and Retaining Key Employees," Toledo, Ohio|
|11.08-11.2015||International Foundation of Employee Benefit Plans 61st Annual Employee Benefits Conference, "Withdrawal Liability – Advanced Topics," Honolulu, Hawaii|
|09.18.2015||Employment Law Update: Fall 2015, Tampa, Florida|
|07.22.2015||Employers’ Association of Northwest Ohio, "Employer Responsibility under the Affordable Care Act: Legal Update," Toledo, Ohio|
|03.20.2015||Employers’ Association of Northwest Ohio 2015 Annual Human Resource Conference, "Financial Incentives, Tobacco Use Surcharges, and Wellness Programs," Toledo, Ohio|
|11.14.2014||"Employer Responsibility under the Affordable Care Act: Where are We Now?” Findlay, Ohio|
|11.07.2014||"Employer Responsibility under the Affordable Care Act: Where are We Now?" Fremont, Ohio|
|09.18.2014||Associated General Contractors of Northwest Ohio, "Employer Responsibility under the Affordable Care Act: Where are We Now? (Multiemployer Perspective)," Toledo, Ohio |
|04.24.2014||University of Toledo Center for Family and Privately-Held Business, "Employer Responsibility under the Affordable Care Act: Where are We Now?" Toledo, Ohio |
|03.28.2014||"HEALTH CARE REFORM - Affordable Care Act: What Employers Need to Do Now"|
|10.30.2013||Employment Law Update: Fall 2013|
|09.19.2013||"Delays, Transitions and Updates: What is Important for Employers"|
|05.21.2013||"Health Care Reform: What You Need to Do Now - Steps to Manage Your Responsibilities & Potential Liabilities"|
|05.09.2013||"Strategic Implementation of Employer Shared Responsibility Rules"|
|03.21.2013||"Webinar: Strategic Implementation of Employer Shared Responsibility Rules"|
|11.13.2012||International Foundation of Employee Benefit Plans' 58th Annual Employee Benefits Conference, "Must Have Policies and Procedures," San Diego, California|
|10.24.2012||Findley Davies Webinar: "PPACA Guidance on Full-Time Employees & Waiting Periods"|
|08.30.2012||"The Supreme Court Upheld the Affordable Care Act -- Now What?"|
|07.12.2012||Findley Davies Webinar: "Health Care Reform: Impact on Your Business"|
|09.01.2011||39th Annual Ohio Human Resource Conference, "Fiduciary Liability and Qualified Retirement Plans," Sandusky, Ohio|
|02.08.2011||University of Toledo Center for Family & Privately-Held Business, "Healthcare Reform Distilled – What You Won’t Hear on Fox or MSNBC," Toledo, Ohio|
|11.01.2010||International Foundation of Employee Benefit Plans' 56th Annual Employee Benefits Conference, "Withdrawal Liability: From Start to Finish," Honolulu, Hawaii|
|11.01.2010||International Foundation of Employee Benefit Plans' 56th Annual Employee Benefits Conference, "Health Care Reform for Attorneys," Honolulu, Hawaii|
|10.01.2010||Association of Corporate Counsel, Central Ohio Chapter, "Health Care Reform 2010 and Beyond - Employee Benefits: Business and Legal Concerns for In-House Counsel," Columbus, Ohio|
|10.01.2010||Corporate Counsel Institute, Ohio State Bar Association, "Health Care Primer - New Directions, Decisions, Taxes and Credits for Business," Columbus, Ohio|
|11.01.2009||International Foundation of Employee Benefit Plans' 55th Annual Employee Benefits Conference, "Policy Reviews," Orlando, Florida|
|11.01.2008||International Foundation of Employee Benefit Plans' 54th Annual Employee Benefits Conference, "Are Your Plan Policies and Documents in Place?" San Antonio, Texas|
|04.01.2008||The Employer’s Association, 12th Annual Employment Conference, "Avoiding and/or Correcting Common Errors with 401(k) and other Qualified Retirement Plans"|
|11.01.2007||Toledo Human Resource Association, 2007 Annual Conference, "Power Tools: What's New, Shiny and Powerful in Employee Benefits (with Safety Tips so you don't get Hurt)"|
|12.01.2006||Employer’s Association of Northwest Ohio, "Pension Protection Act of 2006: Complying with the PPA’s Provisions for 2007 and Beyond"|
- J.D., cum laude, The University of Toledo, 1996
- B.A., Kenyon College, 1993