MALAIKA CALDWELL
*** *. ***** • Chicago, IL ***** • *******.********@*****.***• 312-***-****
EMPLOYEE BENEFITS ASSOCIATE
Current Focus – Affordable Care Act (Health Care Reform) regulation compliance * Benefits Compliance – DOL Voluntary Fiduciary Correction Program (VFCP) compliance investigations and reviews * Identify ERISA violations and conduct client pension and health plan investigations * Plan Document and SPD drafting experience
PROFESSIONAL EXPERIENCE
Licensed to practice before the highest court in the State of Illinois.
EMPLOYEE BENEFITS SECURITY ADMINISTRATION - U.S. DEPT. OF LABOR– Chicago, Illinois 3/2010 to Present
Employee Benefits Investigator
• Research regulations and provisions relating to ERISA health and welfare plans under the Affordable Care Act (“ACA”).
• Draft ACA investigation compliance tools to be used by Chicago EBSA office to complete all field health plan investigations.
• Review plan documents, Summary Plan Descriptions (SPD), Summary of Material Modifications (SMM), and Annual Report Form 5500.
• Identify fiduciary Plan violations and review Voluntary Fiduciary Correction Program (“VFCP”) applications; process corrections of ERISA plan and operational failures with clients and plan administrators.
• Research 401(k) plans for compliance and work with DOL officials to ensure compliance with ERISA.
• Conduct investigative interviews with plan officials, financial and legal representatives, insurance company, securities and investment firms, and other fiduciaries.
• Advise clients on all aspects of qualified plan design, administration and compliance issues; educate VFCP applicants on correction methods, procedures and compliance.
• Draft memorandums, compliance notices, VFCP No Action letters, and internal/external correspondence.
SEATONCORP/LOCKTON, LLC– Chicago, Illinois 7/2008 to 3/2010
Benefits Account Manager
• Researched group health and welfare plans and managed all benefit complianceissues relating to ERISA, IRC, and state law regulations.
• Managed Executive Compensation program and compliance with Code section 409A.
• Managed all regulatory requirements including federal, state and local laws, ERISA, COBRA, ARRA Subsidy requirements, DB and DC plan audits, 5500 reporting, payroll deduction validations, recordkeeping and employee communications.
• Drafted plan document amendments and SPDs.
HOMEDIRECT, INC. – Hillside, Illinois 7/2006 to 7/2007
Compensation & Benefits Specialist
• Prepared and managed Internal Revenue Code Section 125 cafeteria health and welfare plan documents, including drafting legal documents (i.e. SPDs), adhering to regulations and compliance with ERISA.
• Drafted qualified plan amendments to maintain compliance with IRS rules and guidance; processed QDRO notices and responses.
• Drafted deferred compensation plan documents and SPDs following design and service provider modifications.
• Implemented 401(k) TPA and Plan trustee.
SIRVA, INC. – Westmont, Illinois 4/2005 to 5/2006
Compensation & Benefits Analyst
• Implemented total replacement of HMO and PPO with a consumer-driven HDHP and HSA medical plan; resulted in 1.9M cost avoidance and completed Form 5500 filings. .
AON HEWITT – Lincolnshire, Illinois 4/2000 to 4/2004
Benefits Manager
• Managed overall benefit operations of various Fortune 500 companies and drafted legal benefit plan documents.
EDUCATION
The John Marshall Law School, Chicago, IL
Employee Benefits LL.M (Masters of Law), May 2012, GPA: 3.5
Juris Doctor, May 2011, GPA: 3.4; Class Rank: Top 36%; Dean’s List: 2007, 2010
• Honors: Review of Intellectual Property Law – Staff Editor; SRBLSA Law Journal – Senior Editor; John Marshall Dean Scholar;2008 Herzog Scholarship Recipient
• Scholarly Publications: Student Comment – SRBLSA Law Journal 2011, ISBA Employee Benefits Publication
• Member: Illinois State Bar, Chicago Bar Association; Black Women Lawyers’ Association; Illinois State Bar Association;
Elmhurst College, Elmhurst, IL
Bachelor of Science w/Honors, Human Resources Management, May 2007