July 5, 2020

Volume X, Number 187

Jessica N. Agostinho

Jessica helps clients navigate the complex and evolving area of employee benefits law, including health care reform, tax-qualified retirement plans and executive compensation. She is also highly skilled in handling employee benefits issues arising in corporate transactions. 

Jessica works with clients on a broad array of employee benefits matters, advising on compliance with ERISA, the Internal Revenue Code, the Affordable Care Act, HIPAA and COBRA. She regularly assists clients with correcting plan errors under the IRS’ Employee Plans Compliance Resolution System (EPCRS).  She also frequently works with clients on negotiating employee benefit vendor contracts and HIPAA business associate agreements for employee benefit plans.

In corporate transactions, Jessica negotiates employee benefits representations and covenants, conducts due diligence review of employee benefit plan documentation, and advises clients on executive compensation issues arising under Section 409A and Section 280G.

Relevant Experience

  • Advises clients with respect to the design, drafting and operation of defined benefit plans, 401(k) plans, and other tax-qualified retirement plans.
  • Assists clients with the design, implementation and operation of welfare benefit plans including group health plans, cafeteria plans and flexible spending arrangements.
  • Advises clients on the impact of, and compliance with, the Affordable Care Act.
  • Works with clients on designing, drafting and implementing nonqualified deferred compensation arrangements, including Section 409A compliance.
  • Regularly advises clients on equity-based compensation arrangements.
  • Advises clients with respect to employee benefits issues arising in corporate mergers, acquisitions and reorganizations, including compliance with 280G stockholder approval requirements for non-publicly held companies, 409A compliance, and issues arising in connection with benefit plan transitions.
  • Negotiates contractual arrangements and HIPAA business associate agreements with employee benefit plan service providers.
  • Assists clients in correction of violations under the DOL’s Voluntary Fiduciary Correction Program and correcting plan errors under EPCRS.
  • Works with clients on freezing and terminating pension plans in compliance with PBGC and IRS rules.

Articles in the National Law Review database by Jessica N. Agostinho

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