Carolyn regularly advises public, private and non-profit employers on a range of employee benefits topics.
She designs and assists clients with the ongoing administration of tax-qualified retirement plans including defined benefit pension plans, 401(k) plans, 403(b) plans, 457 deferred compensation plans, profit sharing plans and employee stock ownership plans (ESOPs). She routinely helps clients with health and welfare plan matters including plan design and COBRA and HIPAA related questions. She also works with employers to establish and maintain non-qualified, stock option and fringe benefit plans.
Specifically, Carolyn has assisted clients with restructuring retiree medical programs, merging and terminating employee benefit plans, evaluating executive compensation arrangements and negotiating vendor agreements and trust agreements. She often advises employers on employee benefits matters during mergers and acquisitions, including issues related to the compensation and benefits of transferred and terminated employees. She routinely obtains rulings and determinations from the IRS, the U.S. Department of Labor and other government agencies and guides clients through agency audits and the use of government sponsored compliance and correction programs.
Carolyn also counsels employers and employee benefit plan committees on ERISA fiduciary obligations. She frequently publishes articles and speaks on a variety of employee benefits subjects.
In 2001, Carolyn completed the University of Notre Dame Law School’s Concannon Program of International Law. While earning her undergraduate degree, Carolyn was a member of the Phi Alpha Theta honor society.
Experience
- Advice to a manufacturing client regarding the redesign and implementation of a retiree medical program. The changes included cost-sharing for current retirees and access-only for future retirees. Provide assessments on litigation risks for various groups affected by the changes. Health reimbursement arrangements and health savings accounts were included with a program of employee/retiree communication and education.
- Conduct a compliance review of health and welfare documentation, update summary plan descriptions and coordinate with newly designed wrap plan documents. Separate programs developed for active and retiree groups.
- Design and implementation of a new defined contribution retirement plan for an energy company and merged several existing plans into the newly created plan. Facilitated client interaction with the third party administrator and negotiated recordkeeping and trust agreements.
- Ongoing representation of global manufacturer’s qualified retirement plans and welfare plans. As this client is continuously acquiring and selling various subsidiaries and plants, we advise them through the employee benefits issues that arise in these transactions, including negotiating the terms of the sale/purchase agreements and administrative/legal considerations regarding plan mergers or terminations.
- Creation of equity option plans for growing technology companies.
- Notre Dame Law SchoolJD2002
-
University of Notre DameBAHistory, Government and International Studies
cum laude
1999
- Fellow, American College of Employee Benefits Counsel
- Member, Business Law Section, Employee Benefits and Executive Compensation Committee, American Bar Association
- Member, Assistant Vice-Chair (2015-2017), Vice Chair (2017-2019), Chair (2019-2021) Subcommittee on Welfare Plan and EEOC, FMLA and Leaves Issues, Vice-Chair, Employee Benefits Committee (2022-present) Section of Taxation, American Bar Association
- Co-Chair, Health and Welfare National Institute, American Bar Association, Joint Committee on Employee Benefits, 2018-present
- Board of Advisors Member, Catholic Charities Archdiocese of Chicago, Employee Benefits Committee (2011-2020), Legal Assistance Advisory Committee Member (2008-2020)
- Chair, 2020-present, Retirement Plans Committee, Catholic Charities of the Archdiocese of Chicago
- Cardinal’s Council, Catholic Charities of Chicago, 2021-present
- Member, Legal and legislative Committee (2010-2014), Profit Sharing Council of America
- Member; Chicago Conference Committee Member (2014); Steering Committee, Secretary (2015-2017); Steering Committee, Vice Chair (2017-2019), Boston Conference Committee Chair (2018); Lisbon Conference Committee Chair (2019); Steering Committee Chair (2019-2022), International Pension and Employee Benefits Lawyers Association
- Member, American Benefits Council, Healthcare Taskforce, 2019-present
- Presenter, "Challenges and Changes: Prescription Drug Benefit Plans," American Bar Association, Section of Taxation, Mid-Year Meeting, January 2024
- Speaker, "Nuts and Bolts: An Introduction to ERISA Welfare Plans; A View from the Hill; IRS and Department of Treasury Update; Perspectives on Parity: Compliance Challenges Under the Mental Health Parity and Addiction Equity Act (MHPAEA); Trends in Health and Fringe Benefits – Telehealth, Fertility Treatments, Concierge Medical & More; Revolving Door of Welfare Plan Participation – Dealing with Piles of Leaves," American Bar Association, Joint Committee on Employee Benefits; Health & Welfare National Institute, October 2023
- Presenter, "Tracking Mental Health Parity Developments: New Proposed MHPAEA Regulations and Enforcement Update," American Bar Association, Joint Committee on Employee Benefits, Webinar, August 2023
- Presenter, "Mental Health Parity and Addiction Equity Act (MHPAEA)," American Bar Association, Section of Taxation, May 2023
- Presenter, "Health Plan Considerations in Corporate Transactions," American Bar Association, Joint Committee on Employee Benefits; Employee Benefits in Mergers and Acquisitions National Institute, May 2023
- Presenter, "Welfare Plans – Service Provider Assistance with Compliance," American Bar Association, Joint Committee on Employee Benefits, Technical Sessions, IRS & Treasury, May 2023
- Presenter, "Trends in Health and Fringe Benefits – Telehealth, Fertility Treatments, Concierge Medical & More," American Bar Association, Section of Taxation, Mid-Year Meeting, February 2023
- Moderator, "ERISA Preemption and Dobbs v. Jackson Women’s Health Organization," American Bar Association, Joint Committee on Employee Benefits, Webinar, January 2023
- Presenter, "401(k) Plans," American Bar Association, Joint Committee on Employee Benefits; ERISA Basics National Institute, November 2022
- Moderator, "Medical Travel Tourism: Before and After Dobbs v. Jackson Women’s Health Organization," American Bar Association Tax Section: Annual Fall Meeting, October 13-15, 2022
- Speaker, "Tri-Agency Commentary on Health and Welfare Updates; Discrimination in Health and Welfare Benefits: Mental Health Parity, Sex Discrimination and More," American Bar Association, Joint Committee on Employee Benefits; Health & Welfare National Institute, September/October 2022
- Presenter, "Turning Defined Contribution Pension Savings into a Retirement Income Machine: The Role of the Law in Making Decumulation Work," International Pension & Employee Benefits Lawyers Association 18th International Conference, August 2022
- Presenter, "Everything You Need to Know about the New RMD Guidance," American Bar Association, Section of Taxation, May Meeting, May 2022
- Presenter, "Health Plan Considerations in Corporate Transactions," American Bar Association, Joint Committee on Employee Benefits; Employee Benefits in Mergers and Acquisitions National Institute, May 2022
- Presenter, "Health and Welfare Legislation Update," American Bar Association, Section of Taxation, Mid-Year Meeting, January 2022
- Speaker, "Tri-Agency and Health and Welfare National Institute Commentary on Health and Welfare Updates; Preparation for Surprise Medical Billing Protections and Price Transparency: How Providers and Plan Sponsors Can Lead to Compliance," American Bar Association, Joint Committee on Employee Benefits, October 2021
- Presenter, "401(k) Plans," American Bar Association, Joint Committee on Employee Benefits; ERISA Basics National Institute, October 2021
- Guest Speaker, "Exploring Employment Law in the Age of COVID-19 (Part 2)," Deal Us In Podcast Series, July 30, 2021
- Guest Speaker, "Exploring Employment Law in the Age of COVID-19 (Pt. 1)," Deal Us In Podcast Series, June 30, 2021
- Presenter, "Employee Benefits Subcommittee: Welfare Plans and EEOC, FMLA and Leave Issues Update - Chair," American Bar Association, Section of Taxation, May Meeting, May 2021
- Presenter, "Nuts & Bolts: An Introduction to ERISA Welfare Plans," American Bar Association, Joint Committee on Employee Benefits, March 2021
- Presenter, "A View From the Hill – Effects of the 2020 Election on Employee Benefit Plan Policy," American Bar Association, Joint Committee on Employee Benefits, February 2021
- Presenter, "Employee Benefits Subcommittee: Welfare Plans and EEOC, FMLA and Leave Issues Update - Chair," American Bar Association, Section of Taxation, Mid-Year Meeting, January 2021
- Speaker, "Putting Money to Good Use? Cafeteria and Account Based Plans," American Bar Association, Joint Committee on Employee Benefits; Health & Welfare National Institute, November 2020
- Presenter, "Employee Benefits Subcommittee: Welfare Plans and EEOC, FMLA and Leave Issues Update - Chair," American Bar Association, Section of Taxation, Fall Meeting, September 2020
- Presenter, "Employee Benefits Subcommittee: Welfare Plans and EEOC, FMLA and Leave Issues Update – Chair; Recent Guidance Impacting Health and Welfare Plans (Plenary Session)," American Bar Association, Section of Taxation, May Meeting, July 2020
- Presenter, "Employee Benefits Subcommittee: Welfare Plans and EEOC, FMLA and Leave Issues Update - Chair," American Bar Association, Section of Taxation, Mid-Year Meeting, January 2020
- Speaker, "Nuts & Bolts of Health and Welfare Plans; View From the Hill; Ethics; Common HIPAA Compliance Issues for Plan Sponsors; Ready for 2020? A Potpourri of Under the Radar Items for Health and Welfare Plans," American Bar Association, Joint Committee on Employee Benefits; Health & Welfare National Institute, October 2019
- Presenter, "401(k) Plans," American Bar Association, Joint Committee on Employee Benefits; ERISA Basics National Institute, October 2019
- Presenter, "Employee Benefits Subcommittee: Welfare Plans and EEOC, FMLA and Leave Issues Update – Chair; Hot off the Press: The Latest From Congress and the Courts (Plenary Session)," American Bar Association, Section of Taxation, Fall Meeting, September 2019
- Presenter, "401(k) Plans," American Bar Association, Joint Committee on Employee Benefits; ERISA Basics National Institute, June 2019
- Presenter, "Code Section 125 Regulation Update," American Bar Association, Joint Committee on Employee Benefits, Technical Sessions, IRS & Treasury, May 2019
- Presenter, "Employee Benefits Subcommittee: Welfare Plans and EEOC, FMLA and Leave Issues Update – Update on State Paid Leave Laws," American Bar Association, Section of Taxation, May Meeting, May 2019
- Speaker, "Oops We did it Again...Common Mistakes in Plan Administration," International Pension & Employee Benefit Lawyers Association, 17th International Conference, May 2019
- Presenter, "Employee Benefits Subcommittee: Welfare Plans and EEOC, FMLA and Leave Issues Update – Individual Coverage Health Reimbursement Arrangements and Excepted Benefits Health Reimbursement Arrangements," American Bar Association, Section of Taxation, Mid-Year Meeting, January 2019
- Speaker, "Nuts & Bolts of Health and Welfare Plans; View From the Hill; Ethics; Assessment Letters and Other ACA Compliance Challenges," American Bar Association, Joint Committee on Employee Benefits; Health & Welfare National Institute, October 2018
- Presenter, "401(k) Plans," American Bar Association, Joint Committee on Employee Benefits; ERISA Basics National Institute, October 2018
- Presenter, "Revisiting Executive Order 13813 and Other Health and Welfare Plan Developments," American Bar Association, Business Law Section, Fall Meeting, September 2018
- Presenter, "Employee Benefits Subcommittee: Welfare Plans and EEOC, FMLA and Leave Issues Update – Short Term Limited Duration Insurance," American Bar Association, Section of Taxation, May Meeting, May 2018
- Presenter, "Code Section 45S Family Leave Tax Credits," American Bar Association, Joint Committee on Employee Benefits, Technical Sessions, IRS & Treasury, May 2018
- Presenter, "Employee Benefits Subcommittee: Welfare Plans and EEOC, FMLA and Leave Issues Update - QSEHRAs," American Bar Association, Section of Taxation, Mid-Year Meeting, February 2018
- Speaker, "ERISA Pre-Approved and Customized Benefit Plans: Overhauled IRS Procedures and Determination Letter Process," Strafford Webinars, November 2017
- Speaker, "Wellness Programs Update," American Bar Association Joint Committee on Employee Benefits, Health and Welfare Benefit Plans National Institute 2017, September 2017
- Speaker, Employee Benefits in the Age of Trump, September 2017
- Speaker, "What’s the Alternative? Legal Approaches and Risks with 'Alternative' Investments - A US Perspective," International Pension & Employee Benefits Lawyers Association 16th International Conference, May 2017
- Presenter, "Employee Benefits Subcommittee: Welfare Plans and EEOC, FMLA and Leave Issues Update – COBRA Notice Litigation Update," American Bar Association, Section of Taxation, May Meeting, May 2017
- Speaker, "Health Check: Common Approaches to Welfare Benefits," International Pension & Employee Benefits Lawyers Association 16th International Conference, May 2017
- Presenter, "Employee Benefits Subcommittee: Welfare Plans and EEOC, FMLA and Leave Issues Update – ACA Updates," American Bar Association, Section of Taxation, Mid-Year Meeting, January 2017
- Speaker, "Year-End Health and Welfare Plan Round-Up," Hot Topics in Employee Benefits, McGuireWoods Webinar, November 2016
- Speaker, "HIPAA for the Rest of Us: What Do Non-Healthcare People Really Need to Know?," HIPAA Webinar Series, McGuireWoods LLP Healthcare Webinar, March 2016
- Speaker, "Multi-National Mega Pension Funds: Who’s in Charge? The Rise of Pension Funds as a Form of Global Financial Institution," International Pension & Employee Benefits Lawyers Association 15th International Conference, May 2015
- Speaker, "Multiemployer Plan Mass Withdrawal: Looming Liability for Employers," Bloomberg BNA Webinar, September 2014
- Co-presenter, "The Pension Plan is Dead – Long Live the Pension Plan," International Pension & Employee Benefits Lawyers Association Benefits Without Borders Conference, June 2014
- Speaker, "Pay or Play Under the ACA: What Employers Should be Prepared For in 2014 and Beyond," 12th Annual Business and Legal Issues in Dialysis and Nephrology Symposium, May 2014
- Co-presenter, "Withdrawal Liability," American Conference Institute’s 7th National Forum on ERISA Litigation, May 2014
- Speaker, "Pension Protection in the Draw-Down Phase: Approaches to Maintaining Pension Longevity," Withdrawal Liability, International Pension & Employee Benefits Lawyers Association, 14th International Conference, May 2013
- Panelist, "Ethical Considerations in Health and Welfare Benefit Plans” and “Employment Tax Audits of Fringe Benefit Plans," American Bar Association Joint Committee on Employee Benefits, Health and Welfare Benefit Plans, October 2011
- Speaker, "Employees on the Move: Providing Pensions for Internationally Mobile Employees," IPEBLA 13th Annual International Conference, June 13, 2011
- Panelist, "Employees on the Move: Providing Pensions for Internationally Mobile Employees” and "Healthcare Benefits," International Pension and Employee Benefit Lawyers Association Annual International Conference, May 2011
- Co-presenter, "Labor and Employment Issues Including 409A," 8th Annual Business & Legal Issues in Dialysis & Nephrology Symposium, McGuireWoods LLP Seminar, May 2010
- Moderator, "Facing Defined Benefit Plan Challenges: Issues with Poorly Funded Plans," International Pension and Employee Benefit Lawyers Association, December 2009
- Illinois
- U.S. District Court for the Northern District of Illinois
Selected for inclusion in “Legal 500 United States,” Employee benefits, executive compensation and retirement plans: design; Employee benefits, executive compensation and retirement plans: transactional, 2023, 2024; Employee benefits, executive compensation and retirement plans: design, 2024
- Author, Senior Living Alert – Church Plan Status: Employee Benefit Plan Administration for Senior Living Facilities Associated With Faith-Based Organizations, McGuireWoods Legal Alert, May 23, 2024
- Author, A New Frontier for ERISA Fee Suits: Group Health Plans, McGuireWoods Legal Alert, March 11, 2024
- Author, IRS Issues Interim Guidance Under Expanded EPCRS, McGuireWoods Legal Alert, June 9, 2023
- Author, We’ve Come to the End of the COVID-19 Outbreak Period Road, McGuireWoods Legal Alert, April 6, 2023
- Author, Considerations for Healthcare Entities and Employers After Roe v. Wade Reversal, McGuireWoods Legal Alert, July 8, 2022
- Author, COVID-19 and Employee Benefits #8: Updated Guidance for Health Plans on COVID-19 Testing, McGuireWoods Legal Alert, February 14, 2022
- Author, U.S. Supreme Court Reinforces ERISA Fiduciary Duty to Monitor Investment Options, McGuireWoods Legal Alert, February 1, 2022
- Author, COVID-19 and Employee Benefits #7: Guidance Highlights Health Plan Coverage of COVID-19 Testing, McGuireWoods Legal Alert, January 12, 2022
- Author, COVID-19 Vaccination Incentives and Surcharges OK’d in Group Health Plan Guidance, McGuireWoods Legal Alert, October 5, 2021
- Co-author, Answering Client’s Questions About COVID-19 Relief, April 26, 2020
- Author, COVID-19 and Employee Benefit Plans, Part 2: CARES Act, McGuireWoods Legal Alert, April 1, 2020
- Author, COVID-19 and Employee Benefits: The Impact on Group Health Plans, McGuireWoods Legal Alert, March 24, 2020
- Author, Essentials of the Families First Coronavirus Response Act, McGuireWoods Legal Alert, March 20, 2020
- Author, SECURE Act’s Impact on Large Employer Retirement Plans, McGuireWoods Legal Alert, January 6, 2020
- Author, New Regulations Expand Use of Health Reimbursement Arrangements, McGuireWoods Legal Alert, July 12, 2019
- Author, IRS Proposes Changes to Hardship Distribution Regulations, McGuireWoods Legal Alert, November 26, 2018
- Author, Expanded DOL Disability Claims Procedure Rules Become Effective April 1, McGuireWoods Legal Alert, March 28, 2018
- Author, The New Tax Rules for Executive Compensation and Employee Benefits, McGuireWoods Legal Alert, December 29, 2017
- Author, Alternative to Affordable Care Act Congressional Repeal and Replace: Executive Branch Action, McGuireWoods Legal Alert, November 2, 2017
- Author, Big Changes Ahead for Affordable Care Act, McGuireWoods Legal Alert, January 25, 2017
- Author, The Scoop on MOOP, McGuireWoods Legal Alert, August 20, 2015
- Author, Supreme Court Says Constitution Requires States to License Same-Sex Marriages, McGuireWoods Legal Alert, June 26, 2015
- Author, Supreme Court Upholds ACA Subsidies on Federal Exchanges, McGuireWoods Legal Alert, June 25, 2015
- Author, Supreme Court Rejects Yard-Man: Ordinary Contract Principles Apply When Interpreting Retiree Medical Promises, McGuireWoods Legal Alert, January 27, 2015
- Author, PBGC Reports Five-Fold Increase in Multiemployer Program Deficit, McGuireWoods Legal Alert, November 20, 2014
- Co-author, "New Rules on Mid-Year Changes to Contributions under Safe Harbor 401(k) Plans," Employee Benefit Plan Review, Vol. 68, No. 11, 2014
- Author, Final Rules Issued on 90-Day Waiting Period Limitation for Health Benefits, McGuireWoods Legal Alert, March 18, 2014
- Author, Rules Finalized on Mid-Year Contribution Changes to Safe Harbor 401(k) Plans, McGuireWoods Legal Alert, December 11, 2013
- Author, Same-Sex Marriage Initial Guidance for Benefit Plan Administration Following United States v. Windsor, McGuireWoods Legal Alert, September 6, 2013
- Author, Department of Labor Considers Requiring Lifetime Income Information on Defined Contribution Plan Benefit Statements, McGuireWoods Legal Alert, June 20, 2013
- Author, Proposed Rules Issued on 90-Day Waiting Period Limitation for Health Benefits, McGuireWoods Legal Alert, April 2, 2013
- Author, Proposed Regulations Define Essential Health Benefits and Actuarial Value under Affordable Care Act, McGuireWoods Legal Alert, January 31, 2013
- Author, Treasury, IRS Propose New Lifetime-Income Options for Qualified Plans, McGuireWoods Legal Alert, April 19, 2012
- Author, Recent Cases Highlight Risks of Inattention to ERISA’s Participant Disclosure Requirements, McGuireWoods Legal Alert, November 8, 2011
- Author, McGuireWoods Healthcare Reform Guide: Installment No. 19 – Departments Extend Grace Period for Compliance with New Claims Process Rules, McGuireWoods Legal Alert, March 31, 2011
- Author, McGuireWoods Healthcare Reform Guide: Installment No. 13 – Government Agencies Provide Notice on Nondiscrimination Rules and Clarify Previous Guidance, McGuireWoods Legal Alert, September 28, 2010
- Author, Fiduciaries Held Liable for Selecting Retail Mutual Funds, McGuireWoods Legal Alert, August 5, 2010
- Author, Group Health Plan Alert: Interim Final Regulations Establish Parity Standards for Mental Health and Addiction Treatment, McGuireWoods Legal Alert, February 12, 2010
- Author, Plan Fees: Fiduciaries Must Focus on Float, McGuireWoods Legal Alert, September 11, 2009
- Author, IRS Provides Guidance Regarding COBRA Subsidy Reporting Requirements, McGuireWoods Legal Alert, March 27, 2009
- Author, Follow-Up On COBRA Subsidy: What To Do Now?, McGuireWoods Legal Alert, March 23, 2009
- Author, New FSA Withdrawal Feature for Eligible Reservists: Amending Cafeteria Plans Following the HEART Act, McGuireWoods Legal Alert, November 6, 2008
- Co-author, "Focus on the Fiduciary – Investment Decisions in Light of New Legislative Safe Harbours and Developing Litigation," International Pension Lawyer, September 2008
- Co-author, "Taking Corrective Measures," Defined Contribution Insights, March/April 2008
- Author, IRS Lists Eleven Major Mistakes for 401(k) Plans, McGuireWoods Legal Alert, January 28, 2008