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

Faculty Retirement Incentive Programs: What Does the Law Permit?

A recent survey of full-time college and university faculty found that, as of the beginning of the 2020-2021 academic year, approximately 25% of those surveyed expected to retire later than they had anticipated before...

Blog

DOL Cybersecurity Guidance

This post provides a high-level summary of the Department of Labor’s cybersecurity guidance issued in April and identifies actions retirement plan sponsors and other plan fiduciaries should consider taking now in light of the...

Blog

IRS Notice 2021-26 Clarifies Taxation of Dependent Care Assistance Programs

On May 10, 2021, the IRS issued Notice 2021-26 , which provides guidance regarding the taxation of dependent care assistance benefits provided through a Code Section 125 cafeteria plan, available in tax years ending...

Blog

Massachusetts Now Requires Paid COVID-19 Leave for all Employees

Massachusetts now requires all employers, regardless of size, with Massachusetts employees to offer employees paid, job-protected leave for certain COVID-19-related reasons, including to get or recover from a COVID-19 vaccine. Massachusetts also has established...

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...

News

DOL Missing Participants Guidance Explained Further

In January, the U.S. Department of Labor's (DOL) Employee Benefits Security Administration issued guidance on missing retirement plan participants. PLANSPONSOR published an article, "Sponsors Should Understand How to Use DOL Guidance on Missing Participants,"...

Blog

Supreme Court will Hear Northwestern University 403(b) Plan Excessive Fee Case

The United States Supreme Court will weigh in on the spate of recent lawsuits filed against colleges and universities related to the schools’ retirement plans. The Court has granted a request for review from...

Blog

COVID-19 Vaccination Incentive Programs: Additional Guidance and Some Comfort

Earlier today the U.S. Equal Employment Opportunity Commission (EEOC) released guidance confirming that employers may offer incentives to employees who voluntarily obtain a COVID-19 vaccination. The guidance (available here ) appears as an update...

Blog

Primer on Severance Plans Under ERISA and the Tax Code

Many employers maintain formal or informal severance policies or practices that they use sporadically. Other employers may implement a severance program for a limited period of time to reduce the number of employees overall...

Blog

ARPA Premium Subsidy: Long-Awaited Details Finally Arrive

The IRS recently issued Notice 2021-31 , which provides much sought-after detail regarding the contours and operation of the temporary premium subsidy for COBRA continuation coverage available through the American Rescue Plan Act of...

Contact Verrill at (855) 307 0700