Making the Complex Simple
Kelly Kuglitsch is a member of the firm’s employment law practice group, and concentrates her practice on employee benefits and compensation law for employers, plan administrators, plan fiduciaries, plan service providers, consultants, and advisors.
Drawing on her technical knowledge, she provides counsel on plan design, administration, termination, and compliance in accordance with the complex requirements of ERISA, the Internal Revenue Code (Code), COBRA, and the Affordable Care Act (ACA), as well as rules governing reporting, fee disclosure, prohibited transactions, wellness plans, HIPAA Privacy and Security, HSAs, HRAs, FSAs, Cafeteria Plans, and retirement or compensation plans subject to Code Sections 401(k), 403(b), 457(b), 457(f), and 409A.
She has successfully negotiated dozens of complex benefit plan corrections under the Employer Plan Compliance Resolution (EPCRS), Delinquent Filer Voluntary Compliance (DFVC), and Voluntary Fiduciary Correction Program (VFCP). She frequently represents clients facing IRS, DOL, or PBGC audits or assessments relating to retirement plans, health plans, payroll tax, excise taxes, and ACA Employer Shared Responsibility Payments (a.k.a. ACA penalties).
Kelly also counsels businesses on establishing and administering executive compensation, deferred compensation, and incentive arrangements, and works with the firm’s corporate practice group in on analyzing employee benefits and executive compensation issues that affect almost every merger or acquisition transaction.
- Member, State Bar of Wisconsin
Vice Chair, Taxation Section Board, State Bar of Wisconsin (July 2018–present); Secretary/Treasurer (2016–2018); Director (2015–2016)
Member, ASPPA (American Society of Pension Professionals and Actuaries)
- (2016 – present)
- Member, IRS Tax-Exempt/Government Entities Council, Great Lakes Area (2009–2015)
- President, Wisconsin Retirement Plan Professionals, Ltd. (WRPPL) (August 2007–August 2010), Director (August 2007–2008)
- Member, Retirement Plan Design, Qualification & Administration Subcommittee American Bar Association, Labor and Employment Section, Employee Benefits Committee (2003–2009), Co-Chair (2006–2009)
- Board Member, Milwaukee Christian Center (September 2018 – present)
- Member, Student Engagement Council, Milwaukee German Immersion School (July 2014-present)
- Volunteer, Junior Achievement (Metro Milwaukee), JA BizTown (February 2016)
- Former Board Member/Officer, German Immersion Foundation (2006-2012)
- “Spotting Issues Under Section 409A: Perspective and Practice Tips,” Corporate Taxation, Vol. 45, No. 1, (Thomas Reuters)(2018)
- “Employee Benefits Attorney Kelly Kuglitsch Discusses ACA Reporting Deadlines and Marketplace Employer Notices,” New North B2B, May 2016
- “Affordable Care Act Readiness: Many Employer action Items Remain as 2014 Approaches,” BizTimes, September 2, 2013
- Contributing Author, Spring 2013 Supplement, Chapter 5, “Regulation of Qualified Income Plans Generally,” Employee Benefits Law, 3rd ed. (BNA)(2013)
- Advisory Board Member and Content Editor, 1st and 2nd editions, “Healthy Employees, Healthy Business: Easy, Affordable Ways to Promote Workplace Wellness,” Nolo Press (1st and 2nd ed., 2009, 2012)