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 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 Labor & Employment: Employee Benefits & Compensation
  • 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

What You Need to Know About the SECURE Act

The Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”) is the most far reaching new law affecting retirement benefits in more than a decade. Due to its importance, we...

Blog

December 2019 Client Advisory

This Client Advisory, originally distributed in December 2019, highlights important developments in the law governing employee benefit plans and executive compensation over the past year. It offers insight into what these developments mean for...

Publication/Podcast

December 2019 Client Advisory

Click here to view as a PDF. This Client Advisory highlights important developments in the law governing employee benefit plans and executive compensation over the past year. It offers insight into what these developments...

Blog

UPDATED: Summer Break - Massachusetts Employers Get Extension on Paid Family and Medical Leave Implementation

UPDATE: The Massachusetts Department of Family and Medical Leave announced that along with the start of contributions being delayed from July 1, 2019 to October 1, 2019, the following aspects of the program are...

Blog

Final Regulations on 401(k) Hardship Withdrawals

In September, the Treasury Department issued final regulations governing hardship withdrawals from 401(k) plans. The final regulations update the existing 2004 regulations to reflect recent statutory changes made to the hardship withdrawal rules under...

Blog

Plan Sponsors: You Should Have a Model QDRO

ERISA Section 206(d)(3)(G)(ii) requires sponsors of qualified retirement plans to maintain written procedures for the administration of qualified domestic relations orders ("QDROs"), and the plan administrator has an obligation to ensure that a domestic...

Blog

403(b) Plans Must Comply with the “Once In, Always In” Rule This Year

Tax-exempt employers whose 403(b) plans have failed to comply with the "once in, always in" eligibility rule in the past should be well on their way to compliance by now. IRS Notice 2018-95 granted...

Blog

DOL Proposes New Electronic Disclosure Rules for Retirement Plans

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Publication/Podcast

The SECURE Act

Click here to view as a PDF. The Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”) is the most far reaching new law affecting retirement benefits in more than...

Blog

Who is a Highly Compensated Employee?

Identifying an employer's highly compensated employees is crucial to the administration of qualified retirement plans, as well as 403(b) plans that provide employer contributions. This post provides an overview of the rules for determining...