Mary C. DeYoung

Mary DeYoung is an associate in the firm’s employee benefits practice.  Ms. DeYoung counsels clients on all aspects of employee benefits and executive compensation, including compliance with the Internal Revenue Code and ERISA, the treatment of employee benefits in corporate transactions, and ERISA litigation.  Her practice covers tax-qualified retirement plans, health and welfare plans, equity compensation, and nonqualified deferred compensation plans, among other areas.

Representative Matters

• Ongoing advice to publicly-traded company related to the company’s defined benefit and defined contribution plans, including tax-qualified plan mergers, submissions under the Department of Labor and IRS correction programs, and determination letter filings.
• Advice to Fortune 100 company on health and welfare benefits, including multiple employer welfare arrangements (MEWAs) and rules for wellness programs under the Health Insurance Portability and Accountability Act (HIPAA), the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).
• Advice to international company in its acquisition of a US-based company, including drafting and amending employment and severance agreements, converting outstanding equity, and establishing severance pay plan for US employees.
• Prepared comment letter to the Departments of Labor, Health and Human Services, and Treasury on grandfathering rules under the Patient Protection and Affordable Care Act (PPACA).
• Amended nonqualified deferred compensation arrangements and incentive plans to comply with IRC Section 409A, Treasury regulations, and other executive compensation rules.
• Comprehensive guidance to client on ERISA aspects of broker-dealer and investment advisor relationships and ERISA fiduciary duties.
• Advice to President and CEO of national tax-exempt organization on executive compensation, including § 403(b), § 457(b) and § 457(f) plans, whole life insurance policy, and severance payments.

Pro Bono

• Advised non-profit organization on interpretation of long-term disability policy.
• Advised non-profit organization on adoption of defined contribution retirement plan.
• Advised non-profit organization on state laws requiring dental health screenings for children.

Publications and Speeches

• "Federal External Review Procedure for Group Health Plans," Covington Advisory (8/26/2010), Co-Author