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Carolyn E. Smith

Counsel


Carolyn’s practice encompasses a full range of executive compensation and employee benefits issues as well as a variety of federal tax regulatory and legislative matters.

Carolyn brings to her practice a unique blend of technical and policy experience. Prior to joining Alston & Bird, Carolyn was Associate Deputy Chief of staff of the Joint Committee on Taxation, U.S. Congress. During her 20+ years on the Joint Committee staff, she was responsible for major pension, health, and tax legislation from the Tax Reform Act of 1986 through the Pension Protection Act of 2006. Recent provisions for which she had primary responsibility include the PPA funding and cash balance provisions, Code Section 409A, HIPAA rules, and Health Savings Accounts. She was a primary author and project manager of Congressional reports on Federal tax issues, including the Joint Committee staff reports relating to the investigation of the tax and compensation practices of Enron and simplification of the tax laws. She served as technical and policy adviser to the members and staffs of the House Ways and Means and Senate Finance Committees on a broad spectrum of Federal tax issues. She also worked closely with the Department of Treasury, the Internal Revenue Service, the House Education and Labor Committee, the Senate Committee on Health, Education, Labor and Pensions, the Pension Benefit Guaranty Corporation and the Department of Labor.

Representative Experience

  • Counsel to publicly held media conglomerate with dynamic, complex benefit structures involving numerous traditional pension, cash balance, and savings programs. Issues include plan design, early retirement window programs, compliance, and adapting to new legislative and regulatory developments.
  • Counsel to large governmental organization with respect to pension and savings plans.
  • Counsel to financial institution clients with respect to planning and compliance issues relating to the executive compensation restrictions under the Troubled Assets Relief Program and counsel to public and private companies with respect to executive compensation issues including Sections 409A and 457A.
  • Counsel to pension plans and investment funds regarding ERISA title I issues and alternative investments.
  • Counsel to a variety of clients with respect to current legislative and regulatory issues, ranging from pension funding to health care reform.


Publications
August 2011
“PPACA, HIPAA and Federal Health Benefit Mandates: Practical Q&A: New Claim Review Regulations Ease Compliance Burdens for Group Health Plans," The Self-Insurer, August 2011.
July 2011
"Court Decision Clears the Air (Somewhat) for Wellness Programs,” The Checkoff, The Florida Bar Labor & Employment Law Section, July 2011.
June 2011
"Department of Labor Extends Enforcement Grace Period for Certain Internal Claims and Appeals Requirements," ECFC Flex Reporter, June 2011.

Carolyn E. Smith

The Atlantic Building
950 F Street, NW
Washington, D.C. 20004-1404
Phone: 202-239-3566
Fax: 202-654-4899

Education

  • University of California, Berkeley
    (J.D., 1981)
  • University of California, San Diego
    (B.A., 1978)

Admitted to Practice

  • District of Columbia
  • California