Kathy D. Aslinger, Esq.
KATHY D. ASLINGER focuses her practice on ERISA law, pensions, and employee benefits, assisting both public and private employers and retirement boards consisting of management and employee representatives on a multitude of legal issues related to the design, documentation, administration, audit, litigation, termination and qualification of all employee health and welfare and pension plans. For example, she counsels with Plan fiduciaries on ERISA and state law obligations, 401(k), Cafeteria (125), ESOPs, Profit-Sharing, Defined Benefit Pension, 403(b) (tax sheltered annuity), nonqualified deferred compensation (including 457 and 409A), supplemental executive retirement (SERP), stock options and stock appreciation rights, health, life insurance, disability insurance, and day care assistance plans; she represents clients before various agencies involved in employee benefit regulation, including the IRS and its Employee Plans Compliance Resolution System (EPCRS), the Department of Labor and PBGC; and she advises on COBRA, Immigration and Naturalization Service compliance, EEO compliance planning, Fair Labor Standards Act, Service Contract Act, and Davis Bacon Act compliance and audit, employee handbooks, employee terminations, layoffs, and disciplinary action, and all aspects of the employer-employee relationship. She also writes and speaks frequently on employee benefit topics, and she serves on the Board of Directors for Uplands Village, a non-profit continuing care retirement community in Pleasant Hill, Tennessee.
Ms. Aslinger joined Kennerly Montgomery in January 2010 after practicing for eleven years as a government lawyer and prosecutor. She 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. Following law school, she worked as a judicial clerk for judges on the Tennessee Court of Appeals and the Tennessee Court of Criminal Appeals, where she honed her research and writing skills. She continued her appellate practice for the next four years as an Assistant Attorney General for the State of Tennessee. In that capacity, Ms. Aslinger handled approximately 200 appeals before the Tennessee Court of Criminal Appeals, the Tennessee Supreme Court, and the Sixth Circuit Court of Appeals. She is counsel of record in thirteen published opinions, including State v. Jackson, 173 S.W.3d 401 (Tenn. 2005); Hogan v. Mills, 168 S.W.3d 753 (Tenn. 2005); State v. Wilson, 164 S.W.3d 355 (Tenn. Crim. App. 2003); State v. Jordan, 116 S.W.3d 8 (Tenn. Crim. App. 2003); and State v. McCary, 119 S.W.3d 226 (Tenn. Crim. App. 2003). Ms. Aslinger served as an Assistant District Attorney from 2006-2009.
Areas of Practice
Pension & Employee Benefits
Local Government and Public Utilities
University of Tennessee – J.D., summa cum laude, 1998
Middle Tennessee State University – B.S., magna cum laude, 1994
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
Tennessee Bar Association
Knoxville Bar Association
Blount County Bar Association