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

Publication/Podcast

Employee Benefits & Executive Compensation 2020 Year-End Client Advisory

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

Blog

Supreme Court Declines to Address Pleading Standards in Stock-Drop Litigation - Retirement Plans Committee of IBM v. Jander

On November 9, 2020, the Supreme Court declined to consider an appeal from the Second Circuit Court of Appeals in Retirement Plans Committee of IBM v. Jander , leaving unresolved for now questions about...

Blog

DOL Guidance on Missing Pension Plan Participants - Part II

On January 18, we published a blog post regarding new Department of Labor (“DOL”) guidance on missing plan participants. That post is available here , and describes the DOL’s guidance on Missing Participants...

Blog

Target Date Funds: Are You Asking the Right Questions?

Eight years ago, the U.S. Department of Labor (“DOL”) issued “tips” for retirement plan fiduciaries to consider when selecting and monitoring target date retirement funds (“TDFs”). At the time, the DOL noted that TDFs...

Blog

DOL Guidance on Missing Pension Plan Participants

The Department of Labor (“DOL”) has undertaken a nationwide compliance initiative to ensure that retirement plan participants receive the benefits that they were promised when they reach their retirement age. To that end, the...

Blog

December 31 Sunset of Safe Harbor Correction Method for Certain Elective Deferral Failures

A special IRS-approved correction method available for elective deferral failures in 401(k) and 403(b) plans with automatic contribution features will sunset on December 31, 2020, meaning it will not be available to correct elective...

News

Nearly 80 Verrill Attorneys Recognized by Best Lawyers® 2021, Including a Dozen Named Lawyers of the Year

(August 24, 2020) – Nearly 80 Verrill attorneys were recognized as "Best Lawyers" by Best Lawyers® 2021 , including 12 attorneys named “Lawyer of the Year,” a distinguished recognition for only a single lawyer...

Blog

Consolidated Appropriations Act of 2021 Includes Flexible Spending Account Relief

The Consolidated Appropriations Act of 2021 (the “Act”) was signed into law on December 27, 2020. Buried within its 5,593 pages is some welcome flexibility relating to 2020 and 2021 health care and dependent...

Blog

Employee Benefits & Executive Compensation 2020 Year-End Client Advisory

Blog

Reporting Deferred Compensation on Form 990

Tax-exempt organizations often provide deferred compensation to their officers, key employees, and most highly compensated employees. Like current compensation payable to such employees, deferred compensation must be reported annually on Form 990, Schedule J...

Contact Verrill at (855) 307 0700