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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 created, modified, or revised over 100 retirement plans for her clients.  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 analysis; 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 Circuity 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.


Areas of Practice
    Pension & Employee Benefits
    ERISA Law
    Employment Law
    Local Government and Public Utilities
     

    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
    Blount County Bar Association
    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 PlansConfero, Winter 2019.

    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.

    Governmental Plan QDROs: Not Your Typical Retirement Plan Division, DICTA, December 2017.

    Major Universities Become Focus of Breach of Fiduciary Duty Claims Arising out of Failure to Monitor Their 403(b) Plans, Confero, Winter 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? Knowing this answer is vital to proper administration of your employee benefit plans, KMF NewsletterSummer 2017. 

    A Brighter Line between Governmental and Private Entities: An IRS Project in the Retirement Area, Primerus, August 2012.


    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.

    Kennerly Montgomery is LexisNexis Peer Review Rated for Ethical Standards and Legal Ability   Kennerly Montgomery Top Listed in Best Lawyers