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Kathy D. Aslinger

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Shareholder
Phone: (865) 546-7311
Fax: (865) 524-1773
Email: kaslinger@kmfpc.com


Kathy D. Aslinger
is a leader in the Firm’s ERISA and employee benefits practice.  She has prepared hundreds of benefit plan amendments for her clients. Kathy strives to learn about each client’s business so that she can create or modify a retirement plan or health and welfare plan to suit each client’s unique circumstances, whether it is developing a nonqualified deferred compensation plan for a physicians’ practice or a 401(k) plan for a manufacturing company with a large union workforce.  Kathy works closely with both public and private employers, pension boards, fiduciaries, accountants, and third-party administrators, helping them maneuver through the complex world of employee benefit plan design and implementation.  Additionally, she uses her experience and knowledge to assist companies in the following areas: due diligence and benefit considerations during merger and acquisitions; controlled group and affiliated service group analysis; executive compensation; audits; fiduciary liability issues; DOL and IRS compliance; HIPAA; COBRA; ERISA and state law obligations; and Affordable Care Act compliance. 

On a day-to-day basis, Kathy is available to guide clients through whatever employment or benefit questions may arise.  When operational errors in plan administration or documentation deficiencies occur, Kathy will walk clients through the IRS and DOL correction programs to bring their plans back into compliance.  Should they become the target of an IRS or DOL audit, she will provide guidance and support throughout the process.  In all circumstances, Kathy strives to provide the prompt, personal, and professional service her clients expect and appreciate.

For an ERISA attorney, Kathy has an unusual background.  She spent the first 11 years of her career as a government attorney and prosecutor.  During that time, she worked as a judicial clerk for judges on the Tennessee Court of Appeals and Tennessee Court of Criminal Appeals, as an appellate attorney for the Tennessee Attorney General’s Office, and as an Assistant District Attorney.  She has tried cases before judges and juries and handled approximately 200 appeals before the Tennessee Court of Criminal Appeals, the Tennessee Supreme Court and the U.S. Sixth Circuit Court of Appeals.  She credits the research, writing, and advocacy skills she gained during these years for her continued success in the realm of employee benefits, and while she works hard to keep her clients out of the courtroom, she is grateful that she has the experience and ability to assist them in the courtroom if needed.  

Kathy has earned the respect of her colleagues at the Firm and serves as one of the managing shareholders.  This role enables her to lead, mentor and guide the Firm in a positive direction. 

Kathy graduated summa cum laude from the University of Tennessee College of Law in 1998 and was elected to the Order of the Coif. She received her Bachelor of Science from Middle Tennessee State University in 1994, graduating magna cum laude with Distinction in University Honors.  She is a former Board member and Vice-Chair of the Board of Directors of Uplands Village, a Life-Care Community in Pleasant Hill, Tennessee.

Education

University of Tennessee – J.D., summa cum laude, 1998
Middle Tennessee State University – B.S., magna cum laude, 1994
 
Bar Admissions

Tennessee – 1998
U.S. District Court, Middle District of Tennessee – 2002
U.S. District Court, Eastern District of Tennessee – 2002
U.S. Sixth Circuit Court of Appeals – 2004
U.S. Supreme Court – 2012

Memberships

Tennessee Bar Association
Knoxville Bar Association
American Society of Pension Professionals & Actuaries 

East Tennessee Lawyer’s Association for Women
East Tennessee Compensation and Benefits Association

Tennessee Valley Human Resource Association

Honors

Named as Fellow of the Knoxville Bar Foundation, Class of 2014

Named by City View Magazine as one of Knoxville’s Top Attorneys for 2015 through 2018 in the area of Employee Benefits/ERISA - Defense


Publications

Tips and Best Practices for Plan Sponsors and Fiduciaries of Health and Welfare Plans | Confero: Winter 2019

In the Spotlight: Kathy D. Aslinger | KMF Newsletter: Summer 2018

Navigating Fiduciary Responsibility in the Wake of Tibble V. Edison and its Progency: Tips and Best Practices for Plan Sponsors and Fiduciaries | Tennessee CPA Journal: May/June 2018

Major Universities Become Focus of Breach of Fiduciary Duty Claims Arising out of Failure to Monitor Their 403(b) Plans | Confero: Winter 2017

Governmental Plan QDROs: Not Your Typical Retirement Plan Decision | DICTA: December 2017

Avoiding Employee Benefit Plan Surprises in Mergers and Acquisitions | KMF Newsletter: Fall 2017

Is your company part of a controlled group or affiliated service group? | KMF Newsletter: Summer 2017 

New Law Brings More Clarity and Flexibility to Church Plans | KMF Newsletter: Spring 2016

A Brighter Line between Governmental and Private Entities: An IRS Project in the Retirement Area
 | Primerus Xpress: Summer 2012

Curbing Employee Benefit Costs | DICTA: May 2011


Speaking Engagements

The Trust Company of Knoxville, Fiduciary Training for Plan Trustees, Fiduciaries and Retirement Committee Members, May 2018.

Tennessee Society for Certified Public Accountants Employee Benefit Plans Conference, Evaluate, Select, Monitor, & Document: Fiduciary Tips and Best Practices for Plan Sponsors, April 2018.

University of Tennessee Research Foundation Tech Talks, Rollover Business Startups, March 2017.

Citizens National Bank, Social Security Retirement Benefits, November 2015.

Tennessee Association of Community Action, Retirement Plan Options for Tax Exempt Employers, November 2015.

Sterling Education, Employment Law Seminar:  Beyond the Basics, ACA/Obamacare:  What Employers Need to Know, September 2015.

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