Biography

Ken handles matters in all areas of employee benefits, including retirement plans, welfare plans, fringe benefits, and executive compensation. He regularly counsels clients on fiduciary obligations under ERISA, and on income and employment tax issues associated with all areas of employee benefits.

Ken has significant experience representing clients in Internal Revenue Service (IRS) and U.S. Department of Labor (DOL) audits. Ken has represented many clients before the IRS under its Employee Plans Compliance Resolution System (EPCRS), and before the DOL under its Voluntary Fiduciary Correction Program (VFCP) and Delinquent Filer Voluntary Correction Program (DFVCP). He also spends a significant amount of time advising clients on their nonqualified deferred compensation plans, incentive compensation plans, and welfare benefit plans including the Affordable Care Act (ACA), Consolidated Omnibus Budget Reconciliation Act (COBRA), and Health Insurance Portability and Accountability Act (HIPAA) issues.

Ken began his career as a law clerk to the Chief Justice of the Maine Superior Court, and then as a law clerk in the Utah Court of Appeals. He then worked in Boston for nearly four years in the tax department of a national public accounting firm, Coopers & Lybrand. He earned an advanced degree in taxation from Boston University, and for the past 20-plus years has concentrated his practice with Verrill in the area of employee benefits.

Ken currently serves as Vice Chair of Verrill's Employee Benefits & Executive Compensation Group and as President of the Maine Employee Benefits Council.

Services/Industries

Education

  • Boston University School of Law  (LL.M.)
    • Taxation
  • University of Maine School of Law  (J.D.)
  • Colby College  (B.A., magna cum laude)
    • Phi Beta Kappa

Bar Admissions

  • Maine
  • Massachusetts

Memberships

  • President, Maine Employee Benefits Council
  • Maine State Bar Association
  • Employee Benefits Committee, Section of Taxation, American Bar Association
  • National Diocesan Attorneys Association

Honors

  • AV® rated by Martindale-Hubbell
  • Recognized in Chambers USA: America's Leading Lawyers for Business under Employee Benefits & Executive Compensation
  • Named the Best Lawyers® 2021 Employee Benefits (ERISA) Law "Lawyer of the Year" in Portland, Maine
  • Listed in The Best Lawyers in America© for Employee Benefits (ERISA) Law in Portland, Maine

To learn more about third-party ratings and rankings, and the selection processes used for inclusion, click here.

Clerkships

  • Maine Superior Court, Chief Justice Thomas E. Delanty II
  • Utah Court of Appeals, Judge Gregory K. Orme

Firm Highlights

Blog

ERISA Section 404(c) Protection: A Refresher for Fiduciaries

The Employee Retirement Income Security Act (“ERISA”) imposes both (i) significant responsibilities on fiduciaries of participant-directed individual account plans, including 401(k) plans, and (ii) personal liability for losses suffered by a plan if those...

Blog

2025 Is the New 2022: IRS Extends Deadline to Adopt SECURE Act Amendments and CARES Act Waiver of 2020 RMDs Amendment

This post was updated on September 27, 2022. On August 3, 2022, the IRS released Notice 2022-33 , which extends the deadline for plans to adopt: all SECURE Act [1] amendments, optional or required...

Publication/Podcast

Amending Your Retirement Plans this Year for SECURE Act and CARES Act Changes

This post was updated on September 29, 2022. On August 3, 2022, the IRS extended the deadline for retirement plan sponsors to adopt amendments necessary to comply with the Setting Every Community Up for...

Blog

The How and When of Separations from Service Under Section 409A

Readers who regularly work with deferred compensation plans will know that Section 409A of the Internal Revenue Code (“Section 409A”) prescribes six events or times at which deferred compensation may be distributed to participants...

News

31 Verrill Attorneys, Across Four Offices, Recognized in 2022 Chambers & Partners Guide

Blog

New IRS Determination Letter Program for 403(b) and 401(a) Plans

On November 7, 2022, the IRS issued Revenue Procedure 2022-40 , which allows certain tax-exempt employers (such as schools, charities, and churches) to apply for IRS determination letters on their individually designed section 403(b...

Publication/Podcast

2021 Year End Employee Benefit Plan Amendments

Health and Welfare Plans Employers that made available COVID-19 relief and benefit enhancements in 2020 – such as the increased carry over limit and extended grace period for health flexible spending accounts – need...

Blog

Amending Your Retirement Plans this Year for SECURE Act and CARES Act Changes

This post was updated on September 29, 2022. On August 3, 2022, the IRS extended the deadline for retirement plan sponsors to adopt amendments necessary to comply with the Setting Every Community Up for...

Blog

Proposed Changes to Massachusetts Paid Family & Medical Leave Regulations

The Massachusetts Department of Family and Medical Leave has proposed changes to the regulations governing the state’s paid family and medical leave program. The proposed changes are intended to clarify the requirements related to...

News

77 Verrill Attorneys Recognized by Best Lawyers® 2023, Including Six Named Lawyers of the Year

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