Hinkle Elkouri Law Firm L.L.C.

Attorney Portrait

2000 Epic Center - 301 North Main St.
Wichita, KS 67202 (map) 316-267-2000 ssmith@hinklaw.com     vCard
Steven P. Smith   Member

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Employee Benefits & ERISA

Since joining Hinkle Elkouri in 1998, Mr. Smith has focused his practice on employee benefit matters. Prior to joining the firm, he served as in-house counsel for Thorn Americas, Inc. for more than seven years, where his responsibilities included class action litigation, consumer bankruptcies, copyrights and trademarks, consumer marketing, the review of software license agreements, and the development of new business concepts. He also served as a research attorney for the Honorable Robert E. Davis of the Kansas Court of Appeals for two years following his graduation from the University of Kansas School of Law. Steve is a frequent public speaker on employee benefit topics. Since 2003, he has been a contributing author to the book Group Health Plans: Federal Mandates Other Than COBRA & HIPAA, which is published by the Employee Benefits Institute of America("EBIA").



•    University of Kansas School of Law, J.D., 1988
     o    National Moot Court Team Member
     o    Foulston Siefkin Award recipient for the best appellate brief
     o    Am Jur Award recipient in Insurance Law
•    Wichita State University, B.A., Political Science with minors in History and
      Mathematics/Statistics, magna cum laude, 1985
•    Kansas Supreme Court
•    United States District Court, District of Kansas
•    United States Court of Appeals, 10th Circuit
•    Employee Benefits: New Laws, New Requirements, New Challenges, 2009 Kansas Tax Conference, November 2009.
•    Legal Compliance Updates, Farm Credit Foundation Annual Human Resources Conference, Bloomington, Minnesota, October 2009.
•    COBRA and the Economic Stimulus Bill
     o    Wichita Bar Association Employee Benefits/Employment Law Seminar, April 2009.
     o    Hinkle Elkouri Law Firm, L.L.C., April 2009.
     o    Elrick & Associates, Wichita Country Club, April 2009.
     o    Wichita Independent Business Association, April 2009.
•    “Wichita Bar Association Family Law Seminar” Wichita, Kansas, February 2009.
•    "The impact of the Family and Medical Leave Act on employee benefit plans – EBIA teleweb",” February 2007.
•    "Impact of Medicare Part D on employers that are providing prescription drug coverage to their employees and retirees":
     o    EBIA “teleweb,” August 2005.
     o    The EBIA Advanced Cafeteria Plans Conference – Seattle, July 2005.
•    “USERRA’s Impact on Health Benefits and 401(k) Plans: What to Do When Employees
        Leave for & Return from Service.” EBIA nationwide “teleweb” presentation, May 2005.  
•    HIPAA Medical Privacy
     o    Kansas Bar Association – KBA Plaza Lights Seminar in Kansas City, November 2003.
     o    The Wichita Area Chamber of Commerce, July 2003.
     o    Kansas Association of Insurance Agents, October 2003.
     o    The Small Business Development Council – Hays, KS.
     o    Society of Human Resource Managers (SHRM) – Wichita and McPherson chapters.
•    “Impact of Economic Growth and Tax Relief Reconciliation Act (EGTRRA) of 2001 on
        qualified retirement plans.”
     o    Kansas Tax Conference, November 2001.
     o    Annual Accounting and Auditing Conference at Wichita State University, May 2002.
•    Kansas Bar Association
•    Wichita Bar Association
•   Group Health Plans: Federal Mandates Other Than COBRA & HIPAA. Employee Benefits
      Institute of America (2003–present). Contributing author.
•     “DOL Advises that Flex Credits for Group Health Plans Must Be Continued During FMLA Leave
      [DOL Opinion Letter FMLA 2006-3-A (Jan. 31, 2006)].” EBIA Weekly (March 2, 2006).
•     “New Law Extends USERRA Continuation Coverage Period to 24 Months and Adds Employer
      Notice Requirement [Veterans Benefits Improvement Act of 2004, Pub. L. No. 108-454
      (Dec. 10, 2004)],” EBIA Weekly (December 16, 2004).
•     “Plan Administrator’s Declaration of Special Valuation Date After Plan Suffered
      Investment Losses was Reasonable [Jasper v. M.H. & B.L. Jasper D.D.S., P.C. Profit
      Sharing Plan, 2004 U.S. Dist. Lexis 20745 (E.D. Mo. 2004)].” EBIA Weekly
      (October 28, 2004).
•     “Tax Court Refuses to Accept Excuses for Not Repaying Participant Loan [Leonard v.
      Comm'r, T.C. Summary Opinion 2004-11 (2004)].” EBIA Weekly (February 19, 2004).
•    “Supreme Court Announces Test for Determining When Shareholder-Directors of a
      Professional Corporation Are Employees Under ADA [Clackamas Gastroenterology Assocs.,
      P.C. v. Wells, 2003 LEXIS 3240 (U.S. 2003)].” EBIA Weekly (April 24, 2003).