Van Loon

Gilbert has represented clients in in all aspects of retirement and health and welfare benefit plans – design, administration, compliance, taxation, employee communications, fiduciary responsibility, defense of benefit claims, examinations, ruling applications, correction program filings and merger and acquisition transactions.

• Employee Benefits
• Tax
• Mergers & Acquisitions
• Taxation of Businesses

• Representation of clients in all aspects of retirement and health and welfare benefit plans – design, administration, compliance, taxation, employee communications, fiduciary responsibility, and defense of benefit claims.
• Representation of clients in implementation of the Affordable Care Act, COBRA, HIPAA, and other federal mandates.
• Representation of clients before the Internal Revenue Service and Department of Labor in examinations, ruling applications and correction program filings.
• Advises on benefit issues in merger and acquisition transactions – due diligence; coordination, transition and termination of benefit programs; and correcting past deficiencies.
• Representation of clients in all aspects of nonqualified deferred compensation plans – design, administration, compliance, document drafting and taxation.

• Martindale-Hubbell®, AV-Rated
• Best Lawyers in America®
  • Employee Benefits (ERISA) Law, 2001-2024
  • Lawyer of the Year, Employee Benefits (ERISA) Law, Mississippi, 2011, 2017, 2019, 2024
• Certified Public Accountant, 1981
• Mississippi Society of Certified Public Accountants, Silver Medal, November 1981
• University of Southern Mississippi, Alumni Hall of Fame, 2015

• Mississippi, 1985
• U.S. District Courts
• Mississippi: Southern
• U.S. Court of Appeals
• 5th Circuit
• U.S. Tax Court

• University of Florida, LL.M., Taxation, 1986
• University of Mississippi, J.D., cum laude, 1985
• University of Southern Mississippi, B.S., Business Administration, summa cum laude, 1981

• American Bar Association
  • Taxation Section
    • Employee Benefits Committee
• Mississippi Bar Association
  • Taxation Section
  • Estates and Trusts Section
• Capital Area Bar Association
  • Community Grants Committee
• Madison County Bar Association
• Mississippi Society of Certified Public Accountants
  • Board of Governors
    • Member, 1994-1996
    • Member, 2002-2004
• National Center for Employee Ownership
• The ESOP Association
• University of Southern Mississippi Foundation
  • Board of Directors, 2010-2013, 2014-2017, 2019-Present
  • Investment Committee, 2011-Present
  • Executive Committee, 2012-2013, 2014-2015

• Author, "Implementing and Administering the Mandatory and Optional SECURE Act Retirement Plan Changes," Benefits Brief, November 2023.
• Author, "Secure 2.0: An Overview of the Key Provisions," Benefits Brief, March 2023.
• Author, "New Developments and Upcoming Required Changes in Defined Contribution Retirement Plans," Benefits Brief, May 2022.
• Author, "Department of Labor Guidance Clarifies New Cobra Subsidy Requirements," Benefits Brief, May 2021.
• Author, "Two Critical Additions to Group Health Plan Sponsors’ “To-Do” List (Part 2 of 2)," Benefits Brief, April 2021.
• Author, "Two Critical Additions to Group Health Plan Sponsors’ “To-Do” List (Part 1 of 2)," Benefits Brief, April 2021.
• Author, "COVID-19 Related Employee Benefit Plan Relief: A Recap (Part 3 of 3)," Benefits Brief, December 2020.
• Author, "COVID-19 Related Employee Benefit Plan Relief: A Recap (Part 2 of 3)," Benefits Brief, September 2020.
• Author, “Navigating the Required Minimum Distribution Rules for 2020 and Thereafter,” Benefits Brief, September 2020.
• Author, “COVID-19 Related Employee Benefit Plan Relief: A Recap (Part 1 of 3),” Benefits Brief, September 2020.
• Author, “CARES Act – Retirement Plan Distribution and Loan Rules Liberalized,” Benefits Brief, August 2020.
• Author, “The New Retirement Plan Electronic Disclosure Rules: A Much Needed Update,” Benefits Brief, August 2020.
• Author, "New ‘Safe Harbor’ Hardship Withdrawal Rules Effective January 1, 2020," Benefits Brief, December 2019.
• Author, “Benefit Plan Records Retention: How Long is Enough,” Mississippi Business Journal, Vol. 40, No. 25, June 22, 2018.
• Author, "The New DOL Investment Fiduciary Rules – Effective June 9, 2017, But How Long Will They Last?," Benefits Brief, June 2017.
• Speaker, "How the New DOL Investment Advice Fiduciary Rules will Affect Financial Advisors," National Association of Insurance and Financial Advisors: Jackson, Mississippi Chapter, September 2016.
• Author, "SEC Money Market Mutual Fund Rules – The Impact on Retirement Plans," Benefits Brief, May 2016.
• Author, “Same-Sex Marriage and Benefit Plans of Mississippi Municipalities,” Mississippi Municipalities, Vol. 65, No. 1, (2016).
• Speaker, “Bank Trusteed Retirement Plans: What’s New and What’s on the Horizon,” Mississippi Bankers Association Financial Management Conference, November 2015. 
• Author, "Best Practices in Periodic Reviews of Participant Directed Retirement Plans," Benefits Commentary, June 2013.
• Author, "The Department of Labor Fee Transparency Initiatives: Part 3 – Mandatory Investment and Fee and Expense Disclosures to Plan Participants," Benefits Brief, May 2012.
• Author, "The Department of Labor Fee Transparency Initiatives: Part 2 – Mandatory Service Provider Fee Disclosures - Updated," Benefits Brief, May 2012.
• Author, "The Importance of Understanding and Monitoring Retirement Plan Fees and Expenses," Benefits Commentary, August 2011.
• Author, "The Department of Labor Fee Transparency Initiatives: Part 2 – Mandatory Service Provider Fee Disclosures," Benefits Brief, June 2011.
• Speaker, "Avoiding Tax Traps in Employment and Severance Agreements," Mississippi Employment Law Seminar, University of Mississippi, May 2011.
• Co-Author, "The Employee Retirement Income Security Act (including COBRA)," Mississippi Employment Law Practice Handbook, 2009.
• Speaker, "Employee Benefits in an Uncertain Economy: Implementing Cost Saving Strategies and Other Administration Issues," Mississippi Employment Law Seminar, University of Mississippi, May 2009.
• Speaker, "What CPAs and Their Clients Should Know About Section 409A," Central Chapter of the Mississippi Society of Certified Public Accountants, September 2008.
• Author, "Best Practices for Minimizing the Potential for Retirement Plan Fiduciary Liability," Benefits Commentary, July 2008.
• Author, "U.S. Supreme Court Permits Individual Lawsuits for Retirement Plan Fiduciary Breach," Benefits Brief, March 2008.
• Author, "The Section 415 Regulations on Post Severance Compensation," Benefits Brief, February 2008.
• Author, "Plan Amendment Deadline Extended For Nonqualified Deferred Compensation Arrangements," Planning Notes, November 2007.
• Speaker, "The Coming Storm: Best Practices for Minimizing the Risk of Fiduciary Liability in Bank Trusteed Retirement Plans," Mississippi Bankers Association Trust Conference, November 2007.
• Speaker, "Best Practices for Minimizing the Potential for Retirement Plan Fiduciary Liability," Greater Memphis Employee Benefits Council, July 2007.
• Author, "New Regs Establish Deadline for Implementing Nonqualified Deferred Compensation Plan Changes," High Points, June 2007.
• Author, "Implications of the Pension Protection Act of 2006 for 2007 Plan Administration," Benefits Brief, December 2006.
• Speaker, "Methods to Contain Employee Benefits Costs," MetroJackson Chamber of Commerce, August 2006.