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Kelly Smith Hathorn

she/her/hers

Partner

Kelly Smith Hathorn advises public and private sector employers on a variety of employee benefits issues. Kelly's practice involves qualified plan design, drafting, administration/compliance, and termination as well as non-qualified deferred compensation arrangements, including drafting and reviewing executive employment agreements and incentive plans for Code Section 409A compliance. She regularly advises on a variety of issues arising under pension, 401(k), profit-sharing, 403(b) and 457 plans. As a member of a full-service employee benefits group, Kelly capably and efficiently assists clients with every aspect of their employee benefits plan, from health, life and disability to pension and defined contribution plans. When issues do arise, she is able to sort through the complexities of each aspect of her clients’ plans to the satisfaction of both the client and any auditing or investigating agency.

Kelly frequently advises clients on the design and administration of their welfare benefit and cafeteria plans, and has spoken on various topics, including the impact of the COVID-19 crisis on employer benefit programs. In addition, Kelly has represented clients before the IRS and the Department of Labor (DOL), and in pension and benefit claims disputes.

Working with the mergers and acquisitions group, Kelly helps clients navigate the complex benefits issues raised in various corporate transactions. She regularly advises clients on due diligence issues, and negotiates representations and covenants with respect to benefit plans, as well as plan termination, merger, and/or amendment to the surviving plans, and employee issues with benefits, including COBRA, following the corporate transaction.

Kelly regularly counsels clients on their fiduciary obligations, including plan governance and the selection and monitoring of plan investment alternatives.

Prior to joining Shipman, Kelly was a law clerk to the Honorable Robert N. Chatigny, United States District Judge for the District of Connecticut. She also served as an intern to the Honorable Jon O. Newman, United States Circuit Judge for the Second Circuit.

Working with the mergers and acquisitions group, Kelly helps clients navigate the complex benefits issues raised in various corporate transactions. She regularly advises clients on due diligence issues, and negotiates representations and covenants with respect to benefit plans, as well as plan termination, merger, and/or amendment to the surviving plans, and employee issues with benefits, including COBRA, following the corporate transaction.

Kelly regularly counsels clients on their fiduciary obligations, including plan governance and the selection and monitoring of plan investment alternatives.

Prior to joining Shipman, Kelly was a law clerk to the Honorable Robert N. Chatigny, United States District Judge for the District of Connecticut. She also served as an intern to the Honorable Jon O. Newman, United States Circuit Judge for the Second Circuit.

Credentials

Education

  • College of the Holy Cross, B.A., 1998, cum laude
  • University of Connecticut School of Law, J.D., 2005, with high honors

Bar Admissions

  • Connecticut, 2005

Court Admissions

  • U.S. District Court, District of CT

Distinctions

  • Listed as a Connecticut Super Lawyer Rising Star®: Employee Benefits/ERISA (2013-2015)
  • Connecticut Law Review, Articles Editor

Teaching Positions

  • University of Connecticut Law School: Assistant to Adjunct Professor, Employee Benefits Law (2010-2016)

Professional Affiliations

  • Connecticut Bar Association

Experience

General

Municipalities and Boards of Education

Advise numerous Connecticut municipalities and boards of education with respect to their defined benefit, defined contribution pension, 457(b) and 430(b) plans, and welfare benefit arrangements.

Advise Plan Administration Committee and Plan Sponsor Regarding Disputes and Pension Claim Benefits

Advising Plan Administration Committee and Plan Sponsor regarding disputes involving 401(k) and pension plan claims for benefits.

Assisted M&A Client with IRS, DOL and PBGC Inquiries

As a result of a merger, assisted the client with IRS, DOL and PBGC inquiries, sorting through the complexities of multiple issues to the satisfaction of the client and the investigating agencies.

Represented Companies with Respect to ERISA Due Diligence

Represented companies in mergers and acquisitions and other corporate transactions with respect to ERISA due diligence and other retirement and employee benefit plan issues.
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Kelly Smith Hathorn Bio Photo

Hartford

860.251.5868

khathorn@goodwin.com

Areas of Focus

  • Employee Benefits
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