Biography

Misti understands that employee benefits and executive compensation law can be complicated. She values practical advice and using short sentences to answer complex questions. She listens carefully and provides clear advice that busy clients can follow, with attention to a client’s particular situation and culture.

Misti is involved in all aspects of counseling employers on benefits and compensation matters from assisting with overall strategy and design to the more nuts and bolts tasks of drafting and advising on day-to-day compliance matters. A significant part of her work is devoted to health and welfare benefit plans including compliance with the Internal Revenue Code, ERISA, the ACA, COBRA, and HIPAA. She regularly prepares retirement and health and welfare plan documents and participant communications and negotiates complex services agreements. She helps employers correct plan compliance issues and has experience filing plan determination letters with the IRS. Misti advises clients on benefit plans in mergers and acquisitions, compliance with privacy and data security laws (including HITECH and state laws), and calculating fringe benefit credits under prevailing wage laws (including the Davis-Bacon Act). She has particular knowledge in health care reform legislation, benefit plans sponsored by religious employers, multiple employer welfare arrangements (MEWAs), and consumer-driven health plan designs such as high-deductible health plans and health savings accounts (HSAs).

Misti has presented numerous seminars on health care reform and edits and writes articles for Verrill's employee benefits and executive compensation blog, Benefits Law Update.

Misti, a native of Maine, grew up in an Unorganized Territory on Moosehead Lake. She lived and worked in New York City and Hartford before settling in the Portland area.

Services / Industries

Education

  • University of Connecticut School of Law  (J.D., with honors)
  • Yale University  (B.A.)
  • Phillips Exeter Academy

Public Service

  • Member, Executive Leadership Team, American Heart Association's Go Red for Women
  • Board Member, American Heart Association (2012-2019)

Bar Admissions

  • Maine

Memberships

  • Maine State Bar Association
  • New England Employee Benefits Council
  • Maine Employee Benefits Council

Honors

  • Selected by peers for inclusion in New England Super Lawyers© under Employee Benefits
  • Received Katahdin Counsel Recognition for pro bono efforts (2017)

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

Court and Other Admissions

  • U.S. District Court for the District of Maine

Firm Highlights

Blog

Revenue Procedure 2019-19: Enhancements to EPCRS are Great News for Plan Sponsors

Newly published  Revenue Procedure 2019-19  modifies and supersedes prior IRS guidance regarding the Employee Plans Compliance Resolution System (EPCRS) to allow plan sponsors to self-correct an expanded number of problems that may affect retirement...

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

IRS Guidance Regarding the Section 4960 Excise Tax Is (Somewhat) Helpful

IRS Notice 2019-09  provides guidance intended to help “applicable tax-exempt employers” determine whether compensation paid to their most highly compensated employees will be subject to the 21 percent excise tax imposed under Code Section...

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

Form 1094 and Form 1095 Reporting for Expatriate Employees

Every IRS Form 1094/1095 filing season (roughly January and February of each year), we receive questions on reporting for expatriate employees.  The most common questions: do we need to furnish a Form to expat...

Publication/Podcast

December 2018 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...

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...

Blog

Recap of Change to Retirement Plan Rollover Rules for Plan Loan Offsets

The Tax Cuts and Jobs Act of 2017 (“2017 Tax Act”) includes a provision that changed the rollover rules for certain plan loan offset distributions and that may not be well known to retirement...

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

Handling Missing Participants under Code Section 409A

Deferred compensation payments are due to one of your former executives, but the former executive is nowhere to be found. You know that the IRS has strict timing rules for payments subject to Code...