Professionals

Amy Gordon

Partner

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Amy focuses her practice on welfare benefits as well as Title I of ERISA.

Amy regularly advises clients on their self-funded and insured health plans, wellness programs, and on-site clinics. She is well versed in the Employee Retirement Income Security Act (ERISA), Health Insurance Portability and Accountability Act (HIPAA) privacy components, the Public Health Service Act, the Internal Revenue Code, the Affordable Care Act (ACA) and its replacement legislation, and related federal and state laws and regulations. She also works with service providers to structure these products for their plan customers. Amy assists clients and service providers in designing and maintaining compliant flexible benefit, life, medical, dental, pharmacy, employee assistance programs (EAP), educational assistance, disability, supplemental health, severance, health savings accounts (HSAs), health reimbursement accounts (HRAs), and other types of voluntary or ERISA covered welfare plans. She also consults with clients regarding their direct provider contracting options. She has experience with assisting clients who transition their employees and/or retirees to or out of the public and private Marketplace Exchanges.

For both retirement and welfare benefit plans, she oversees fiduciary issues, including prohibited transactions and represents clients before the U.S. Department of Labor, Employee Benefits Security Administration, and the Internal Revenue Service.

In the ERISA Title I area, she assists on-shore and off-shore investment funds in structuring their products to comply with the plan asset rules, or to avoid plan asset fund status. She is knowledgeable and provides guidance to master and feeder funds, VCOCs, and REOCs. She regularly assists in designing complex investment structures including securitization products and debt instruments. She has a strong background with respect to complicated prohibited transaction matters and indicia of ownership issues.

Amy also provides guidance on unique funding arrangements (e.g., VEBAs, 401(h) accounts and captives) involving active and retiree benefit plans.

Previously, Amy served as in-house counsel to Prudential Financial, formerly Prudential Insurance Company of America. She advised Prudential on its current and new products, including long-term and short-term disability, health insurance, life insurance, guaranteed products, individual retirement accounts (IRAs), voluntary products, and pension plan investments. She also represented the company in various fiduciary and prohibited transaction matters. Before that, she worked in the New York Regional Office of the Department of Labor, Employee Benefits Security Administration (EBSA), formerly the Pension and Welfare Benefits Administration (PWBA). During her EBSA tenure, she prepared a number of high-profile civil and criminal litigation actions brought by the Department of Labor and the U.S. Attorney’s office. Amy is a fellow of the American College of Employee Benefits Counsel.

Key Matters

Implements employer on-site clinics
Designs HIPAA compliance programs from beginning to end, including guidance on HIPAA breaches
Represents clients before U.S. Department of Labor, Employee Benefits Security Administration and the Internal Revenue Service
Transitions clients to and from private Marketplace Exchanges
Issues VCOC and REOC opinion letters
Advises on funds that are plan asset funds and those that are VCOCs, REOCs or under 25%
Assists with investment structures including securitization products and debt instruments

Amy Gordon

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Amy Gordon

Key Matters

Recent Experience

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Key Matters

Recent Experience

Credentials

Education

Admissions

Languages

Related Insights & News

Capabilities