Kaitlyn provides tailored solutions to employers on a variety of benefits plan design and employee benefits matters. Kaitlyn regularly drafts plan documents, conducts research to advise on plan design and claim appeals, and provides targeted guidance to support employers’ goals.

As a member of Verrill’s Employee Benefits & Executive Compensation Group, Kaitlyn advises plan sponsors, fiduciaries, and service providers regarding plan design and legal compliance, as well as on executive compensation arrangements and fringe benefit plans.

Prior to joining Verrill, Kaitlyn was an attorney at a consulting firm servicing the self-funded health plan industry, where she advised clients on crafting compliant cost-effective plans and administering benefits consistently. She regularly performed mental health parity audits on behalf of group health plans and provided recommendations to minimize liability. In addition, Kaitlyn previously worked as an associate counseling human resources professionals on employment and separation agreements.

Kaitlyn enjoys hiking and travelling to new places in her spare time.



  • Northeastern University School of Law  (J.D.)
    • Women's Law Caucus
    • Amicus Curiae Project
  • University of Massachusetts, Amherst  (B.A., cum laude)
    • Phi Sigma Pi
    • UMass Women into Leadership

Bar Admissions

  • Massachusetts

Firm Highlights


Verrill Welcomes Kaitlyn Malkin to Firm’s Employee Benefits and Executive Compensation Group


Establishing Practices and Procedures to Support Retirement Plan Self-Correction

The opportunity to self-correct mistakes in maintaining a retirement plan has been dramatically expanded by the SECURE 2.0 Act of 2022 (“SECURE 2.0”); see our February 10 blog post for details. However, IRS interim...


Update on the Debate over Environmental, Social, and Corporate Governance Investing

The debate over investment of retirement plan funds based on environmental, social, and corporate governance (“ESG”) factors continues to make waves. This post provides a high-level overview of the current state of play for...


DOL Continues Enforcement of Non-Quantitative Treatment Limitation Requirements

Introduction : Fifteen months ago, we wrote that the U.S. Department of Labor (“DOL”) had informed Congress that it intended to devote substantial resources to enforcing the new comparative analysis requirement for non-quantitative treatment...


Establishing Practices and Procedures to Support Self-Correction of Operational Failures

The self-correction of retirement plan operational failures under IRS correction principles has been conditioned upon a plan sponsor’s establishment of compliance practices and procedures since the creation of the Employee Plans Compliance Resolution System...


How to Comply with the Health FSA Debit Card Claims Substantiation Rules

The IRS’s recent Chief Counsel Advice Memorandum 202317020 (the “Memo”) brings into focus the importance of compliance with the debit card claims substantiation requirements for medical care expenses reimbursed or paid for through a...


Reasonable Compensation Under ERISA: Thoughts on Two Recent Cases

Two recent court decisions bring into focus two seldom-asked questions about the reasonable compensation requirement under ERISA. When must an ERISA plan’s service provider compensation be reasonable? And why shouldn’t a plan fiduciary be...


Catch-Up Contributions: IRS Provides Relief from Roth Requirements of SECURE 2.0

On August 25, 2023, the IRS issued IRS Notice 2023-62 , providing much needed relief for employers who have been struggling to implement Section 603 of the SECURE 2.0 Act of 2022 (“SECURE 2.0&rdquo...


Gag Clauses – New Guidance and Litigation Will Inform Compliance

Certain provisions of the Transparency in Coverage Final Regulations and the Consolidated Appropriation Act, 2021 (“CAA”) require group health plans and/or their vendors to report information to federal agencies. On December 31, 2023, group...


Retiree Medical Coverage: Just Get the COBRA Waiver

The interaction between employer-provided retiree medical coverage and COBRA [1] is complex. Many employers incorrectly assume they do not have to offer COBRA at retirement if they offer a retiree medical plan or a...

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