Krieg DeVault LLP

Thomas P. Stafford

Partner
Office: Indianapolis
tstafford@kdlegal.com
p: 317-238-6286
f: 317-636-1507

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Overview
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Tom Stafford dedicates his practice to advising clients on a broad range of issues relative to the maintenance and compliance of qualified retirement plans, executive compensation and health and welfare plans. Mr. Stafford concentrates primarily on the design and implementation of ESOPs and related ESOP Fiduciary issues. Mr. Stafford also advises clients with respect to a variety of health and welfare plan issues arising under the Employee Retirement Income Security Act of 1974 ("ERISA"), and provides guidance to group health plan sponsors with respect to HIPAA privacy, security and nondiscrimination requirements, COBRA continuation coverage requirements and mandates established under the Affordable Care Act.

Experience
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Representative Experience

  • Represented ESOP client in $120M sale to private equity portfolio company
  • Represented Indianapolis wholesale distributor in $6M ESOP transaction
  • Represented ESOP trustee in $20M sale of 100%-owned ESOP company
  • Represented Indianapolis life sciences firm in $10 million ESOP transaction
  • Represented Tennessee electrical contractor in $20 million ESOP transaction
  • Represented ESOP trustee in 45% acquisition of Florida electrical contracting company
  • Represented Georgia software company in $15 million 100% ESOP transaction
  • Represented ESOP trustee in $40 million acquisition of Colorado grocery chain
  • Represented ESOP trustee in $25 million acquisition of Colorado pump manufacturer
  • Assisted in design and execution of Wisconsin manufacturer $4 million dollar second-stage ESOP transaction
  • Correction of operational, plan document, and non-amender failures under IRS' EPCRS program

Professional Associations

  • Board of Directors - Indiana Canine Assistance Network (ICAN)
  • The ESOP Association - Legislative & Regulatory Advisory Committee, Member
  • The ESOP Association - Administration Advisory Committee, Past Member
  • Ohio Employee Ownership Council, Member
  • National Center for Employee Ownership, Member
  • Indianapolis Bar Association, Member
  • American Bar Association - Taxation Section, Member
  • Indiana Benefits Conference, Board of Directors

Awards & Recognitions

  • Indiana Super Lawyer Rising Stars, 2018
  • Indiana State Bar Association Taxation Section Award

Seminars & Presentations

  • "Are You Running the Most Efficient and Effective Board Meetings?", NCEO 2025 Annual Employee Ownership Conference, April 16, 2025
  • “Ask the Experts,” ESOP Association; Great Lakes Annual Conference – September 2020
  • “Getting Old – Plan Design Opportunities for Mature ESOPs,” ESOP Association; Indiana Chapter Annual Conference – March 2020
  • "Valuation Due Diligence Process for Trustee Financial Advisor," ESOP Association Las Vegas Conference & Trade Show - November 2019
  • "Workshop for Internal Trustees," NCEO Employee Ownership Conference (Atlanta) - April 2017
  • "Managing Repurchase Obligation Through Plan Design," ESOP Association Las Vegas Conference & Trade Show - November 2016
  • "Our First Board Meeting as an ESOP Company - Leadership and Governance Issues," ESOP Association Midwest Conference (Milwaukee) - September 2016
  • "ESOP Plan Design," Tri-State Annual ESOP Conference (Louisville) - August 2016
  • "Millennials and the ESOP Value Proposition," Ohio Employee Ownership Center Annual Conference - April 2016
  • "Our First Board Meeting as an ESOP-Owned Company," NCEO Employee Ownership Conference (Minneapolis), April 2016
  • "Non-Leveraged ESOP Transaction Options," ESOP Association; Indiana Chapter - Annual Conference, March 2016
  • "Demystification of ESOPs," Exit Planning Institute, Central Indiana Chapter - January 2016
  • "ESOP Distributions - Timing, Forms and Reporting," ESOP Association Las Vegas Conference & Trade Show - November 2015
  • "ESOP Companies - Acquisition and Sale Considerations," ESOP Association New South Chapter - Fall Conference - October 2015
  • "Traps For the Unwary," S Corporation ESOP Seminar (NCEO) - October 2015
  • "Oh No! Now What? Surviving a DOL Investigation," ESOP Association New South Chapter - Spring Workshop Meeting, March 2015
  • "ESOP and 401(k) Plan Integration," ESOP Association Las Vegas Conference & Trade Show, November 2014
  • “The ESOP Administration Cycle: Accumulating Account Balances,” ESOP Association Annual Conference, May 2014
  • "The Affordable Care Act: What Employers Need to Know in Indiana," Lorman Education Services, April 2014
  • "Status of Health Care Reform Today,” 2013 ESOP South Conference, September 2013
  • “Employee Communications and Notices under the ACA; Health Insurance Exchanges”, 2013 Benefits in Brief, Krieg DeVault LLP, September 2013
  • "The Affordable Care Act: What Employers Need to Know", National Business Institute, September 2013
  • “Structuring and Financing a Feasible ESOP,” Tri-State ESOP Conference; Louisville, Kentucky, August 2013
  • "The Administrative Cycle - Part II, How Benefits are Reported and Distributed," The ESOP Association Annual Conference, May 2013
  • "ABB v. Tussey - An Expensive Lesson in ERISA Fiduciary Liability," Indiana Benefits Conference, February 2013
Credentials
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Education

  • J.D., Indiana University Robert H. McKinney School of Law, Indianapolis, Indiana, 2009
  • A.B. in History and Religion, Wabash College, Crawfordsville, Indiana, 1997

Bar & Court Admissions

  • Indiana, 2009
Practices & Industries
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Practices

  • Employee Stock Ownership Plans
  • Employee Benefits and Executive Compensation

Industries

  • Employee Stock Ownership Plans
Beyond the Office
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Golf

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Skiing

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Indiana University Basketball

Insights
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Litigation

Beyond the Basics: The Beauty of ESOPs, with Bill Merten

January 8, 2025

Employee Benefits

Fenton D. Strickland Named Chair of Krieg DeVault’s Employee Benefits and Executive Compensation Practice

January 1, 2025

Employee Benefits

IRS Announces Retirement Plan Limitations for 2025

November 5, 2024

Business

Is Your Business Ready? Preparing for and Complying with the Corporate Transparency Act

August 31, 2023

Employee Benefits

IRS Extends Effective Date for Roth Treatment of Catch-Up Contributions to 2026

August 30, 2023

Employee Benefits

IRS Issues Notice Regarding ESOP Compliance

August 22, 2023

Employee Benefits

Secure Act 2.0 Allows Employers to Make Matching Contributions to Retirement Plans Based on Employees’ Student Loan Payments

August 17, 2023

Employee Benefits

IRS Announces Retirement Plan Limitations for 2023

October 24, 2022

Firm News and Events

William W. Merten Joins Krieg DeVault’s ESOP and Employee Benefits & Executive Compensation Practices

September 22, 2022

Employee Benefits

IRS Announces Extension for SECURE & CARES Act Amendments

August 23, 2022

Employee Benefits

IRS Announces Launch of Pre-Examination Compliance Program for Qualified Retirement Plans

June 28, 2022

Employee Benefits

What is an ESOP? (Podcast)

January 24, 2022

Employee Benefits

COVID-19 and ESOP Distribution Policies: Dealing with Down Times in an ESOP Company

May 18, 2020

Employee Benefits

COVID-19 and Partial Plan Terminations

April 2, 2020

Employee Benefits

The CARES Act: Changes Posed to Employer-Sponsored Retirement Plans

March 31, 2020

Employee Benefits

Executive Compensation Restrictions Under the CARES Act

March 31, 2020

Employee Benefits

ESOP COVID-19 Alert

March 23, 2020

Firm News and Events

Krieg DeVault Announces 9 Attorneys as 2025 Indiana Super Lawyers; 12 as 2025 Indiana Rising Stars

February 18, 2025

Krieg DeVault Podcast Series

How Employee Benefits Law Impacts Every Workplace with Catherine “Katy” Stowers (Podcast)

May 30, 2024

Employee Benefits

Plan Sponsors Take Note: New Litigation Brings Attention to Potential Fiduciary Risk for Group Health Plan Sponsors

March 26, 2024

Employee Benefits

Covering Long-Term, Part-Time Employees Under 401(k)

January 23, 2024

Employee Benefits

IRS Announces Retirement Plan Limitations for 2024

November 2, 2023

Employee Benefits

2024 HSA Limits Released

June 1, 2023

Firm News and Events

Krieg DeVault Announces 10 Attorneys as 2023 Indiana Super Lawyers; 9 as 2023 Indiana Rising Stars

February 28, 2023

Employee Benefits

SECURE Act 2.0 Expands on 2019 Secure Act Retirement Provisions

January 17, 2023

Employee Benefits

Fiduciary Alert: New ERISA Group Health Plan Service Provider Fee Disclosures Require Plan Sponsor Attention

January 4, 2023

Employee Benefits

Guidance on New RMD Rules in IRS Notice 2022-53; Final Regulations Forthcoming

November 16, 2022

Employee Benefits

IRS Announces Extension for SECURE & CARES Act Amendments

August 24, 2022

Firm News and Events

13 Krieg DeVault Attorneys Recognized by 2023 Best Lawyers®; 7 Named to the 2023 Best Lawyers in America® Listing; 1 Receives “Lawyer of the Year” Designation; 6 Receive “Ones to Watch” Designation

August 18, 2022

Firm News and Events

Krieg DeVault Announces 2022 Partner Promotions

January 1, 2022

Employee Benefits

Revenue Procedure 2021-30 Brings Welcome Changes to IRS Correction Program

September 8, 2021

Employee Benefits

U.S. Department of Labor Issues Cybersecurity Guidance for Retirement Plans

July 13, 2021

Employee Benefits

DOL Issues Temporary Safe Harbor for Missing Participants in Terminating Defined Contributions Plans

July 6, 2021

Employee Benefits

IRS Announces Retirement Plan Limitations for 2021

October 27, 2020

Business

Tax-Exempt Organizations Should be Prepared to File and Pay the Section 4960 Excise Tax on Executive Compensation by July 15, 2020

June 29, 2020

Employee Benefits

DOL Finalizes Rule Providing Alternative Safe Harbor Method for Electronic Disclosure by ERISA Retirement Plans

May 28, 2020

Employee Benefits

IRS Guidance Increases FSA Carryover Limit, Clarifies Reimbursement of Individual Health Coverage Premiums

May 14, 2020

Employee Benefits

IRS Provides Flexibility for Cafeteria Plans to Permit Mid-Year Election Changes, Extend FSA and DCAP Claims Periods

May 13, 2020

Employee Benefits

DOL and IRS Pandemic Relief for Group Health Plans and Retirement Plans

May 12, 2020

Employee Benefits

Employer Tax-Free, Deductible Disaster Relief Benefits for Employees

April 20, 2020

Employee Benefits

IRS Provides Guidance For HSAs and Retirement Plans

April 9, 2020

Employee Benefits

The CARES Act: Changes Posed to Health Plans and HSAs

April 2, 2020

Employee Benefits

IRS to Issue Guidance for High Deductible Health Plans in Light of COVID-19

March 10, 2020

Employee Benefits

The Setting Every Community Up for Retirement Enhancement (SECURE) Act

February 26, 2020

Employee Benefits

Mandatory Arbitration, Class Action & Exhaustion Provisions: Cause to Amend Claims Procedures?

February 24, 2020

Firm News and Events

Eight Attorneys Named to 2020 Best Lawyers in America Listing

August 14, 2019

Firm News and Events

Corben A. Lee Joins Krieg DeVault's Business, Acquisitions, and Securities and Employee Benefits and Executive Compensation Practice Groups

January 27, 2019

Thought Leadership

Proposed Regulations Allowing for Expanded Usage of Health Reimbursement Arrangements (HRAs) - Another Step In President Trump's Focus on Health Care Reform

November 18, 2018

Thought Leadership

Proposed Regulations Allowing for Expanded Usage of Health Reimbursement Arrangements (HRAs) - Another Step In President Trump's Focus on Health Care Reform

November 18, 2018

Thought Leadership

IRS Announces Pension Plan Limitations for 2019

November 15, 2018

Thought Leadership

IRS Issues Proposed Regulations for Hardship Distributions

November 14, 2018

Firm News and Events

10 Krieg DeVault Attorneys Named to 2019 Best Lawyers in America Listing

August 14, 2018

Thought Leadership

Recent Guidance for the Mental Health Parity Act: Are You in Compliance?

June 18, 2018

Thought Leadership

IRS Does An "About-Face" On HSA Limits

April 30, 2018

Thought Leadership

IRS Reduces 2018 Limits for Health Savings Accounts and Adoption Credits

March 11, 2018

Thought Leadership

Bipartisan Budget Act of 2018

March 11, 2018

Thought Leadership

New Disability Claims Final Regulations - Effective April 1st!

March 11, 2018

Thought Leadership

Employee Benefits and Tax Reform: What You Need to Know

February 15, 2018

Thought Leadership

IRS Provides Year-End Gift

January 1, 2018

See LessSee All

  • Overview
  • Experience
  • Credentials
  • Practices & Industries

Tom Stafford dedicates his practice to advising clients on a broad range of issues relative to the maintenance and compliance of qualified retirement plans, executive compensation and health and welfare plans. Mr. Stafford concentrates primarily on the design and implementation of ESOPs and related ESOP Fiduciary issues. Mr. Stafford also advises clients with respect to a variety of health and welfare plan issues arising under the Employee Retirement Income Security Act of 1974 ("ERISA"), and provides guidance to group health plan sponsors with respect to HIPAA privacy, security and nondiscrimination requirements, COBRA continuation coverage requirements and mandates established under the Affordable Care Act.

Representative Experience

  • Represented ESOP client in $120M sale to private equity portfolio company
  • Represented Indianapolis wholesale distributor in $6M ESOP transaction
  • Represented ESOP trustee in $20M sale of 100%-owned ESOP company
  • Represented Indianapolis life sciences firm in $10 million ESOP transaction
  • Represented Tennessee electrical contractor in $20 million ESOP transaction
  • Represented ESOP trustee in 45% acquisition of Florida electrical contracting company
  • Represented Georgia software company in $15 million 100% ESOP transaction
  • Represented ESOP trustee in $40 million acquisition of Colorado grocery chain
  • Represented ESOP trustee in $25 million acquisition of Colorado pump manufacturer
  • Assisted in design and execution of Wisconsin manufacturer $4 million dollar second-stage ESOP transaction
  • Correction of operational, plan document, and non-amender failures under IRS' EPCRS program

Professional Associations

  • Board of Directors - Indiana Canine Assistance Network (ICAN)
  • The ESOP Association - Legislative & Regulatory Advisory Committee, Member
  • The ESOP Association - Administration Advisory Committee, Past Member
  • Ohio Employee Ownership Council, Member
  • National Center for Employee Ownership, Member
  • Indianapolis Bar Association, Member
  • American Bar Association - Taxation Section, Member
  • Indiana Benefits Conference, Board of Directors

Awards & Recognitions

  • Indiana Super Lawyer Rising Stars, 2018
  • Indiana State Bar Association Taxation Section Award

Seminars & Presentations

  • "Are You Running the Most Efficient and Effective Board Meetings?", NCEO 2025 Annual Employee Ownership Conference, April 16, 2025
  • “Ask the Experts,” ESOP Association; Great Lakes Annual Conference – September 2020
  • “Getting Old – Plan Design Opportunities for Mature ESOPs,” ESOP Association; Indiana Chapter Annual Conference – March 2020
  • "Valuation Due Diligence Process for Trustee Financial Advisor," ESOP Association Las Vegas Conference & Trade Show - November 2019
  • "Workshop for Internal Trustees," NCEO Employee Ownership Conference (Atlanta) - April 2017
  • "Managing Repurchase Obligation Through Plan Design," ESOP Association Las Vegas Conference & Trade Show - November 2016
  • "Our First Board Meeting as an ESOP Company - Leadership and Governance Issues," ESOP Association Midwest Conference (Milwaukee) - September 2016
  • "ESOP Plan Design," Tri-State Annual ESOP Conference (Louisville) - August 2016
  • "Millennials and the ESOP Value Proposition," Ohio Employee Ownership Center Annual Conference - April 2016
  • "Our First Board Meeting as an ESOP-Owned Company," NCEO Employee Ownership Conference (Minneapolis), April 2016
  • "Non-Leveraged ESOP Transaction Options," ESOP Association; Indiana Chapter - Annual Conference, March 2016
  • "Demystification of ESOPs," Exit Planning Institute, Central Indiana Chapter - January 2016
  • "ESOP Distributions - Timing, Forms and Reporting," ESOP Association Las Vegas Conference & Trade Show - November 2015
  • "ESOP Companies - Acquisition and Sale Considerations," ESOP Association New South Chapter - Fall Conference - October 2015
  • "Traps For the Unwary," S Corporation ESOP Seminar (NCEO) - October 2015
  • "Oh No! Now What? Surviving a DOL Investigation," ESOP Association New South Chapter - Spring Workshop Meeting, March 2015
  • "ESOP and 401(k) Plan Integration," ESOP Association Las Vegas Conference & Trade Show, November 2014
  • “The ESOP Administration Cycle: Accumulating Account Balances,” ESOP Association Annual Conference, May 2014
  • "The Affordable Care Act: What Employers Need to Know in Indiana," Lorman Education Services, April 2014
  • "Status of Health Care Reform Today,” 2013 ESOP South Conference, September 2013
  • “Employee Communications and Notices under the ACA; Health Insurance Exchanges”, 2013 Benefits in Brief, Krieg DeVault LLP, September 2013
  • "The Affordable Care Act: What Employers Need to Know", National Business Institute, September 2013
  • “Structuring and Financing a Feasible ESOP,” Tri-State ESOP Conference; Louisville, Kentucky, August 2013
  • "The Administrative Cycle - Part II, How Benefits are Reported and Distributed," The ESOP Association Annual Conference, May 2013
  • "ABB v. Tussey - An Expensive Lesson in ERISA Fiduciary Liability," Indiana Benefits Conference, February 2013

Education

  • J.D., Indiana University Robert H. McKinney School of Law, Indianapolis, Indiana, 2009
  • A.B. in History and Religion, Wabash College, Crawfordsville, Indiana, 1997

Bar & Court Admissions

  • Indiana, 2009

Practices

  • Employee Stock Ownership Plans
  • Employee Benefits and Executive Compensation

Industries

  • Employee Stock Ownership Plans

Beyond the Office

Golf icon

Golf

Skiing icon

Skiing

Indiana University Basketball icon

Indiana University Basketball

 

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