Biography

Kimberly has practiced exclusively in the area of employee benefits and executive compensation for more than 30 years. Clients look to her for technical and practical experience, and sound business judgment.

Kimberly advises for-profit and nonprofit employers on employee benefits and executive compensation matters, including qualified and non-qualified retirement plans, executive compensation, welfare benefit arrangements, incentive plans, and fiduciary issues. Her experience includes designing and drafting plan documents and employee communications, implementing and terminating programs, and compliance in all aspects of ERISA and tax laws.

Assisting clients with ERISA fiduciary compliance is a key aspect of Kimberly's work. She advises and provides fiduciary education to boards, investment committees, and officers; drafts committee charters, resolutions, and meeting minutes; reviews investment policy statements; and assists with internal audits. She also helps clients avoid, prepare for, and respond to Department of Labor, IRS, and PBGC plan audits and drafts submissions for governmental voluntary correction programs.

Kimberly works extensively with welfare plans, including self-insured health plans, cafeteria plans, and wellness programs, drafting plan documents and providing guidance on the Affordable Care Act, HIPAA, and COBRA. She also prepares HIPAA privacy manuals and provides in-house HIPAA training for clients.

A significant part of Kimberly's practice involves defined benefit pension plan issues, including the implementation of early retirement windows, and other reduction in force programs, lump sum windows and annuity purchases to de-risk liabilities; drafting plan amendments and employee communications; and preparing government filings with respect to plan mergers, spin-offs, and terminations. She works with single employer plans, multiple employer plans, and multi-employer plans.

While Kimberly works with a wide range of domestic and international clients, she has worked extensively with benefit plans for tax-exempt employers and employers in the energy industry.

Outside the office, Kim is an avid skier and baseball fan. She enjoys spending time with her two sons, running with her dog, practicing yoga, and reading classics.

Services/Industries

Education

  • The George Washington University Law School  (J.D., With Honors)
    • Phi Alpha Delta
    • Vice Chair, Van Vleck Moot Court Board
  • University of Vermont  (B.A., cum laude)

Bar Admissions

  • Washington, D.C.
  • Maine

Memberships

  • Maine State and American Bar Associations: Section of Taxation, Employee Benefits (subcommittees on Defined Benefits Plans, Welfare Plan Design and Funding, and Exempt Organizations and Governmental Plans)
  • New England Employee Benefits Council

Honors

  • 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.

Firm Highlights

Blog

401(k) Plan Sponsors – Time to Focus on Compliance with the SECURE Act’s Eligibility and Vesting Rules for Long-Term, Part-Time Employees

As noted in our January 7, 2020 Client Advisory , the Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”) requires 401(k) plans to allow certain long-term, part-time employees to...

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

DOL Proposed Regulation Highlights the Risks of ESG Investing for ERISA Fiduciaries

On June 23, 2020, the U.S. Department of Labor (“DOL”) issued a proposed regulation outlining the duties of an ERISA fiduciary when considering an investment that incorporates environmental, social, and corporate governance (“ESG”) factors...

Blog

A Chronology of COVID-19 Relief for ERISA Plans

This chronology traces the major ongoing relief provided by legislation, regulatory action, and other agency guidance to assist ERISA plan participants, fiduciaries, and sponsors during the ongoing COVID-19 pandemic through August 10, 2020. Superseded...

Blog

Proposed Regulations Clarify Application of Excise Tax under Code Section 4960

Proposed Regulations published by the Treasury Department last month provide helpful clarifications regarding the application of the excise tax under Section 4960 of the Internal Revenue Code of 1986, as amended (the “Code”). The...

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

IRS Allows Tax-Advantaged Leave Donation to COVID-19 Relief Organizations

Under new guidance, the IRS will give favorable tax treatment to employees who donate leave to COVID-19 relief organizations. In IRS Notice 2020-46 , the agency announced that employees who donate paid leave for...

Blog

ERISA and COBRA Implications for EAPs and Wellness Programs

There is a growing trend for employers to provide employee assistance programs (“EAPs”) and wellness programs for the benefit of their employees. Typically, the employer pays for benefits under these programs out of its...

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

Allocation of Medical Loss Ratio Rebates and Premium Refunds

One consequence of the current COVID-19 crisis for group health plans has been the significant reduction in employee preventive care and elective medical procedures as people shelter in place and socially distance. When group...