Stephanie A. Smithey


Ms. Smithey devotes her practice to all aspects of employee benefits law. She represents clients with respect to qualified retirement plans and health and welfare plans, assisting them with a variety of plan design, compliance, and administration issues for all types of pension, health and welfare benefit plans.

Ms. Smithey advises her clients as to ERISA, MPPAA, HIPAA, COBRA, PPACA, the Internal Revenue Code, as well as other federal and state laws applicable to employee benefit plans and plan sponsors. She assists clients with IRS and DOL audits, as well as internal compliance audits and plan corrections.  She regularly counsels clients as to the scope of their fiduciary duties and how they may seek to limit fiduciary exposure. Ms. Smithey frequently assists health plans in complying with the health care reform laws as well as the HIPAA privacy security rules and provides in-house training for employers and other plan personnel.

In addition to counseling clients as to how to comply with the many laws that apply to their employee benefit plans, Ms. Smithey advises them how to handle benefit plan-related disputes in an effort to avoid litigation. In this context, she has counseled employers, insurers, third party administrators, trustees, and other plan fiduciaries.

Ms. Smithey has served on the Board of Directors for the Indiana Benefits Council, and held positions of Chair, Vice Chair, Past Chair. For 2013 - 2015, Ms. Smithey was selected by Best Lawyers for ERISA/Employee Benefits in Indiana.

Ms. Smithey recently worked with the Indiana Chamber of Commerce to publish the 4th Edition of the Employee Benefits Guide. In addition, she co-authored the Indiana Employer's Guide to Workplace Wellness for the Wellness Council of Indiana.

Ms. Smithey is honored to serve on the Board of Directors of Girl Scouts of Central Indiana.

Best Lawyers



Ms. Smithey’s clients include retailers, manufacturers, airlines, construction and transportation companies, banking and financial services firms, healthcare companies, insurance companies, PEOs, staffing companies, and trust funds. In addition, as counsel to multiemployer funds, Ms. Smithey works closely with both employer and employee trustees as to the design, administration, and operations of Taft Hartley pension and health funds.

Education and Honors


J.D., Loyola University School of Law, 1991
B.A., cum laude, University of Notre Dame, 1988

Honors and Awards: 
  • Best Lawyers - Employee Benefits/ERISA Law (2013-2015)

Professional Activities

Professional Activities: 
  • Indiana Benefits Conference (Past Chair, 2012-2013; Chair, 2011-2012, Vice Chair, 2010-2011; Director, 2008-2013)
  • American Bar Association (Taxation and Labor & Employment Law Sections)
  • Indiana Bar Association
  • International Foundation of Employee Benefit Plans
  • Ogletree Indiana Employees Health and Wellness Summit - "Creating a Healthy Future: Wellness Plans and Clinics" - Indianapolis - October 9, 2014
  • Indiana Chamber of Commerce Employees Health and Wellness Summit - "Legal Issues for Employer Clinics" - Indianapolis - October 8, 2014
  • Ogletree LECE - "Calculation Compliance: Practical Math on Affordable Care Act Compliance" - Los Angeles - September 19, 2014
  • Indiana Chamber of Commerce - "ACA Workshop" - Indianapolis - September 17, 2014
  • Ogletree Deakins Workplace Strategies Seminar - "Take a Painkiller and Call Congress in the Morning: Health Care Reform Update" - Las Vegas - May 8, 2014
  • Indiana Chamber of Commerce, 50th Annual HR Conference and Expo - "New Tracking and Reporting Challenges Under the Affordable Care Act" - Indianapolis - April 29, 2014
  • Ogletree Deakins Labor and Employment Counsel Exclusive - "The Affordable Care Act's New Reporting Requirements" - Indianapolis - April 23, 2014
  • Indiana State Bar Association and the IndyBar Taxation Section - "Impact of U.S. v. Windsor on Employers and Individuals" - Indianapolis - November 12, 2013
  • Ogletree Deakins Corporate Labor and Employment Counsel Exclusive - "The Affordable Care Act - Now What? What's Next? When?" - Charleston - November 7, 2013
  • Ogletree Deakins Seminar - "The Affordable Care Act and DOMA Updates" - Indianapolis - October 10, 2013
  • 2013 Indiana Employee Health and Wellness Summit - "Federal Tax Implications for Wellness Incentives and Workplace Rewards" - Indianapolis - October 1, 2013
  • Indiana Chamber Employee Benefits Seminar - "Health Care Reform - Are You Ready?" - Indianapolis - September 12, 2013
  • Indiana Chamber Employee Benefits Seminar - "How Does Health Care Reform Change Wellness Plans? New Rules for Health-Based Incentives" - Indianapolis - September 12, 2013
  • Indiana Chamber Employee Benefits Seminar - "Preparing for the Unexpected: Managing Plan Beneficiary Designations" - Indianapolis - September 12, 2013
  • Indiana Chamber Employee Benefits Seminar - "How Do Your Plans Define Spouse? Employee Benefits Consequences of the Supreme Court Decision on DOMA" - Indianapolis - September 12, 2013

In The News

Media Quotes:
  • January 28, 2015 - Indiana Lawyer - "Partial-termination dispute gets full treatment from court"
  • November 9, 2011 - November 22, 2011 - Indiana Lawyer - "New ISBA Committee Promotes Healthy Living For Lawyers"
  • May 20, 2011 - - "Federal Law, Some State Laws Differ in Coverage of Adult Children of Domestic Partners"
  • April 5, 2011 - The Wall Street Journal - "2011 Benefits Trends – Greater Choice, Increased Focus On Health, More Innovative Perks"
  • May 19, 2010 - - "Payment of Coverage for Eligible Adult Child Permitted on Pretax Basis"
  • April 16, 2010 - - "Coordinate Compliance Among Health Care Reform and Other Laws"
  • December 2009 - Health-e Headlines - "Have You Met GINA Yet?"
Published Works: