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Andrew R. Jacobs

Andrew R. Jacobs

Andy Jacobs is a Member of the firm and concentrates his practice in the areas of employee benefits, executive compensation, and tax exempt nonprofit organizations. While he practices out of the firm's Lexington office, he works with clients in all Stites & Harbison offices.   His practice includes: 1) assisting clients in the design, drafting and operation of qualified retirement plans, ESOPs, 403(b) plans, 457 plans, nonqualified deferred compensation plans, health and welfare plans, and cafeteria plans; 2) the design of equity based compensation plans for key employees; 3) advising clients regarding employee benefits issues in the merger and acquisition context; 4) drafting and designing executive and physician employment contracts; 5) advising tax exempt nonprofit organizations on corporate structure and compliance; and 6) advising clients regarding Kentucky state sponsored governmental pension plans.

Recent Assignments

  • Assisted client in voluntary withdrawal from the Kentucky Employees Retirement System
  • Represented company in the design and formation of an ESOP.
  • Performed due diligence and negotiated employee benefits related provisions in a stock acquisition and drafted executive employment agreements.
  • Advised employer concerning compliance with Affordable Care Act employer mandate provisions.
  • Assisted company in the termination of an underfunded defined benefit plan
  • Advised nonprofit corporation in connection with its reorganization and restructuring.

Recent News, Articles & Speaking Engagements

  • "401(k) Update," presentation, UBS Conference, Lexington, KY, August 2018
  • "Tax Reform and Sole Proprietorships, Partnerships and S Corporations," with Michael S. GoodeHerbert B. (Bert) Wolf, Jr.,  Stites & Harbison Client Alert, January 3, 2018
  • "Retirement Plan Legislative Update," presentation, UBS Conference, Lexington, KY, August 2017
  • "ESOPs in Business Transfers," presentation, UBS Conference, Lexington, KY, June 2017
  • "Affordable Care Act: Changing Landscape for Employers and Employees," presented at Neace Lukens insurance brokers conference, April 2015, Louisville, Kentucky
  • "Affordable Care Act: Changing Landscape for Employers and Employees," presented in Nashville, Tenn., October 2, 2014
  • "IRS announces guidance on same sex marriage and retirement plans," Stites & Harbison Client Alert, April 8, 2014
  • "Ten Things Employers Should Know About Wellness Programs," Nashville Area Chamber of Commerce's HR newsletter, February, 2014
  • "Legal Implications and Considerations for Wellness Programs," Nexxus Conference sponsored by Applied Health Analytics, September 2013, Nashville, Tennessee.
  • "Affordable Care Act Changing Landscape for Employers and Employees," SHRM Conference, August 2013, Prestonsburg, Kentucky.
  • "Affordable Care Act and Construction Employers," Southeastern Steel Fabricators Conference, June 2013, Ponte Vedra, Florida
  • "ERISA Section 408(b):  DOL Final Service Provider Fee Regulations," Louisville Employee Benefits Council, February 2012, Louisville, Kentucky
  • "Litigating Current Issues Involving Fiduciaries and Employee Benefits Plans," presented at conference hosted by Unified Trust Company, September 2011
  • "2010 Health Care Reform," Lexington Employee Benefits Council, April 2010, Lexington, Kentucky
  • "COBRA and HIPAA Update," Kentucky Chamber of Commerce Annual Human Resources Seminar, June 2009, Lexington, Kentucky
  • "Stimulus Bill Creates COBRA Subsidy," Kentucky Chamber of Commerce ADA, FMLA and COBRA Update Seminar, Spring 2009, Lexington, Kentucky
  • "IRS Final Section 409A Regulations," presented to Lexington Society of Financial Planners, November 2007
  • "New Statute Changes Nonqualified Deferred Compensation Rules," Kentucky Bar Association magazine, Bench and Bar, July 2005
  • "New Tax Law Changes Deferred Compensation Rules," Kentucky Banker Magazine, December 2004

More Than Stites & Harbison

Andy has served as President of the Lexington Employee Benefits Council. He currently serves as the Vice Chairman of the Kentucky Horse Park Foundation and on the board of directors of the International Museum of the Horse at the Kentucky Horse Park. Andy enjoys golf and running.

Professional Accolades

Martindale-Hubbell® AV-Preeminent® Peer Review Rated

Best Lawyers in America®, Corporate Law (2016-19)

Community Involvement

  • International Museum of the Horse, Director
  • Kentucky Horse Park Foundation, Vice Chairman
  • Lexington Employee Benefits Council, former President