Jessica N. Agostinho 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.
- 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.
- 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.
- JD, Columbia Law School, Harlan Fiske Stone Scholar, Columbia Journal of Law and Social Problems, Managing Editor, 2010
- BSFS, International Politics, Georgetown University Walsh School of Foreign Service, cum laude, 2005
- District of Columbia
- New York
- Member, American Bar Association, Tax Section, Employee Benefits Committee – Assistant Vice Chair, Mergers & Acquisitions Subcommittee
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