Jessica Agostinho

Overview

Jessica helps clients navigate the complex and evolving area of employee benefits law, including tax-qualified retirement plans (both defined contribution and defined benefit pension plans), nonqualified deferred compensation plans, health and welfare benefit issues and executive compensation matters. She also frequently handles benefits and compensation issues arising in corporate transactions, employment agreements and vendor contract negotiations. She works with clients on a broad array of employee benefits matters, advising on compliance with ERISA, the Internal Revenue Code, the Affordable Care Act, SECURE 1.0 and SECURE 2.0, HIPAA and COBRA. In addition, she regularly advises on compensation and benefits aspects of employment agreements and severance arrangements.

Jessica has experience providing advice to employers and plan sponsors at all stages in an organization’s life cycle. In the transactional context she regularly negotiates employee benefits representations and covenants, helps clients navigate executive compensation issues arising under Section 409A and Section 280G of the Code, and advises on benefits transition and integration issues.

She is a trusted advisor for employers and plan sponsors, helping them understand their ongoing legal obligations with respect to retirement and welfare benefit plans, keeping them up to date on regulatory changes, and advising on plan amendments and terminations.

In addition to for-profit entities, Jessica also regularly advises tax-exempt and not-for-profit entities on their unique executive compensation and benefits requirements, in particular under Section 457 of the Code.

Experience

Advises clients with respect to the design, drafting and operation of defined benefit plans, 401(k) plans, cash balance plans, and other tax-qualified retirement plans.
Assists clients with the design, implementation and operation of welfare benefit plans including self-funded and fully insured group health plans, cafeteria plans, and flexible spending arrangements.
Advises clients on the impact of, and compliance with, the Affordable Care Act, the SECURE Act, SECURE 2.0, the American Rescue Plan Act, and other recent legislation affecting benefit plans.
Designs and draftsnonqualified deferred compensation arrangements, and frequently advises on Section 409A compliance.
Helps clients navigate the pension plan termination process, including required notifications and filings with the IRS and PBGC.
Advises tax-exempt clients on structuring deferred compensation arrangements under Code sections 457(b) and 457(f).
Frequently 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.
Provides training and advice to benefit plan fiduciary committees on their fiduciary duties under ERISA.
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 (VFCP) and correcting plan errors under EPCRS, including self-correction and submission under the IRS Voluntary Compliance Program (VCP).

Accolades

Honors & Recognitions

Recognized as a Leader in Employee Benefits & Executive Compensation, District of Columbia, Chambers USA, 2022-2023
Recommended for Employee Benefits, Executive Compensation and Retirement Plans: Transactional (2023) and Employee Benefits, Executive Compensation and Retirement Plans: Design (2020-2022), Legal 500 United States