Ann Carr Mackey

Profile

Ms. Mackey has practiced law for over 35 years. Early in her career she was a criminal attorney, litigator, environmental attorney, estate planning attorney and divorce attorney. For more than 20 years, she has specialized in employee benefits. Since the Affordable Care Act was enacted in the spring of 2010, Ms. Mackey has played a key role helping employers comply with the requirements of Health Care Reform. She is co-chair of Ogletree Deakins' Health Care Reform Subgroup.

As an employee benefits lawyer, Ms. Mackey has advised large and small employers regarding the design and operation of their benefit plans, defended employers in IRS and DOL audits, cured plan defects, and assisted with benefits due diligence in acquisitions and divestitures. She advises companies on the design and operation of company-owned or leased primary care medical clinics.

Because of her broad legal background, Ms. Mackey is uniquely positioned to help employers evaluate and manage risks arising from the design and operation of their benefit plans.

Ms. Mackey is a frequent speaker on benefit topics, in particular the employer mandate and other requirements of Health Care Reform.

AV Rated Martindale Hubbell

Experience

Experience: 

Ms. Mackey has provided benefits consulting advice to large national medical device makers, county hospitals, specialty hospitals, manufacturing companies and service providers. She has served as fund counsel to trade association and union multi-employer plans, has negotiated and drafted employment and severance agreements for executives, and has drafted non-qualified deferred compensation plans and agreements.

Education and Honors

Education: 

J.D., Washington University in St. Louis 1974
B.A., with honors, Principia College 1969

Honors and Awards: 
  • Awarded AV Preeminent Rating by peers in Martindale-Hubbell
  • Martindale-Hubbell Bar Register of Preeminent Women Lawyers
  • Indiana Super Lawyer in Employee Benefits

Professional Activities

Professional Activities: 
  • Indianapolis Bar Association
  • Indiana Bar Association
  • American Bar Association
  • International Foundation of Employee Benefits
  • American Society of Pension Plan Actuaries
Speeches:
  • Indiana Bankers Association Group Insurance Trust Client Seminar - "Am I Subject to the Employer Mandate?" - Indianapolis - March 10, 2014
  • Ogletree Deakins Seminar - "Staying Out of the ERISA Penalty Box - Practical Tips for Benefit Administrators" - Las Vegas - February 28, 2014
  • Indiana Continuing Legal Education Forum Recent Developments in Employment Law - "Health Care Reform Act Update - What is the Employer Mandate? What Must Employers Do?" - Indianapolis - December 12, 2013
  • Indiana Chamber of Commerce & Ogletree Deakins Annual Employee Benefits Seminar - "Health Care Reform - Are You Ready?" - Indianapolis - September 12, 2013
  • Indiana Chamber of Commerce & Ogletree Deakins Annual Employee Benefits Seminar - "How Does Health Care Reform Change Wellness Plans? New Rules for Health-Based Incentives" - Indianapolis - September 12, 2013
  • Indiana Chamber of Commerce & Ogletree Deakins Annual Employee Benefits Seminar - "How Do Your Plans Define Spouse? Employee Benefits Consequences of the Supreme Court Decision on DOMA" - Indianapolis - September 12, 2013
  • South Central Indiana HR Association - "The Affordable Care Act's Employer Mandate" - Bloomington - July 10, 2013
  • Ogletree Deakins Workplace Strategies Seminar - "'Carrots', 'Sticks' and Laws: Workplace Wellness Programs" - New Orleans - May 10, 2013
  • Ogletree Deakins Breakfast Briefing - "The Affordable Care Act's Employer Mandate Goes Live in 2014 - Are You Ready?" - Indianapolis - April 16, 2013
  • Indiana State Bar Association, Pension & Benefits Committee - "Health Care Reform: What is the Employer Mandate? What Must Employers Do and When?" - Indianapolis - April 12, 2013
  • Indiana Bankers Association Group Insurance Trust Client Seminar - "How You Can Use the Trust to Survive the Employer Mandate and Health Care Reform" - Indianapolis - March 18, 2013
  • MJ Insurance - "Health Care Reform" - Indianapolis - February 19, 2013
  • The Central Indiana Chapter of the International Society of Certified Employee Benefit Specialists, Annual Meeting - "Current Benefit Issues" - Indianapolis - November 8, 2012
  • HR Dimensions and Hylant Group Client Seminar - "Health Care Reform - The Supreme Court Has Spoken – Now What?" - Indianapolis - October 10, 2012
  • Indiana Chamber of Commerce & Ogletree Deakins Annual Employee Benefits Seminar - "Fiduciary Tune Up" - Indianapolis - September 13, 2012

In The News

Media Quotes:
Published Works:
  • February 12, 2014 - Ogletree Deakins Blog Post - "Small Employers Catch a Big Break!"
  • December 10, 2013 - SHRM.org - "Health Care and Seasonal Employees: Mind the Minefields"
  • November 22, 2013 - Ogletree Deakins Blog Post - "Avoiding Mistletoe Mishaps, Part II: Do I Have To Offer Health Care Coverage To My Seasonal Employees?"
  • October 17, 2012 - Ogletree Deakins Publication - "IRS Penalty Relief for Severance Pay Expires on December 31"
  • October 17, 2012 - Ogletree Deakins Blog Post - "December 31 Section 409A Correction Deadline for Severance Pay Approaching"
  • September 2010 - Hoosier Banker - "What Do Your Mean I Am A Fiduciary Of Our Employee Benefit Plans?"
  • 2008 - Indianapolis Business Journal, The Counselor - "Is This the Year to Switch to a Consumer-Driven Health Arrangement?"
  • 2007 - Indianapolis Business Journal, The Counselor - "What You Need to Know About Internal Revenue Code Section 409A: Five Common Misconceptions"
  • 2007 - Smart Business - "Wellness Benefits, What Health Plans Can an Employer Reasonably Require and Legally Offer?"
  • July/August 2005 - American Bankruptcy Institute Journal - "All in the Family, Brother-Sister Corporate Controlled Groups and Pension Liability"
  • February 28, 2005 - March 6, 2005 - Indianapolis Business Journal - "Are Traditional Pension Plans an Endangered Species?"
  • Fall 2003 - Indiana State Bar Association, The Workplace Lawyer - "COBRA Regulations Clarify Employer Obligations"
  • 2003 - Indianapolis Business Journal, The Counselor - "Are There Any Cost-Effective Alternatives to Traditional Employer-Provided Health Insurance?"
  • December 10, 2001 - December 16, 2001 - Indianapolis Business Journal - "Warning to Employees: Take Care of your 401(k)"
  • July/August 2001 - American Bankruptcy Institute Journal - "Counsel for Debtors Beware! Officer and Directors May Be Personally Liable For The 401(k) Contributions To Employees And Their Health Insurance Claims"