Rachel Faye Smith
Top Lawyer

Rachel Faye Smith



Ms. Smith represents a wide range of clients and business sectors, including both public and private companies, private equity firms, LLCs and partnerships, and nonprofit organizations in the areas of employee benefits and executive compensation. Ms. Smith’s employee benefits practice includes advising on ERISA and the drafting, administration and compliance issues associated with qualified plans, such as profit-sharing and 401(k) plans and defined benefit pension plans. Ms. Smith regularly counsels clients on employee benefits issues associated with mergers and acquisitions and other corporate transactions. She assists in the transition of employees and employee benefit arrangements, including plan adoptions, terminations, restatements, spin-offs, and transfers. Ms. Smith regularly represents her clients in front of the IRS and the Department of Labor in respect of plan audits and plan corrections.

She also advises clients on non-qualified deferred compensation agreements and employee health and welfare benefit plans, including advising clients on COBRA and the Affordable Care Act. Ms. Smith represents clients on the integration and transition of employee benefits plans, from both a buyer and seller perspective, in corporate mergers and acquisitions. Ms. Smith also represents clients before the IRS, Department of Labor, and Pension Benefit Guaranty Corporation.

Ms. Smith is past Co-Chair of the Boston Bar Association’s Tax Steering Committee and former Co-Chair of the Boston Bar Association’s ERISA Subcommittee. She regularly provides her insights on retirement plans and benefits to industry-leading publications such as PLANSPONSOR and PLANADVISER. Ms. Smith speaks fluent French as well as conversational Spanish and Japanese.

Law Firm:


Areas of Expertise:

Ms. Smith has deep expertise in qualified plans, such as profit-sharing and 401(k) plans, cash balance plans, 403(b) and 457(b) plans, defined benefit pension plans, and non-ERISA plans such as governmental and church plans. She has extensive experience with the submission of qualified plans to the IRS for approval and modification, as well as compliance and correction submissions under the IRS Voluntary Correction Program. Ms. Smith works regularly with welfare benefit arrangements, including health, dental, short and long-term disability plans, employee assistance programs, flexible spending arrangements, health savings accounts, and health and dependent care reimbursement arrangements. She advises clients on ERISA, the Affordable Care Act, and COBRA, as well as the tax code implications of employee benefit plan sponsorship. She acts both as company counsel in employee benefit plan administration, and as a member of corporate transaction teams. Ms. Smith’s practice includes assisting in the drafting and negotiation of deal documents and credit facilities.

Degrees, Certifications, Awards:

Ms. Smith received her Bachelor of Laws and Bachelor of Civil Law from McGill University and an M.A. from International University of Japan. She received her B.A. from Wilfrid Laurier University.

Ms. Smith has been named a Recommended Lawyer by The Legal 500 United States for Employee Benefits, Executive Compensation and Retirement Plans: Transactional.


Top Lawyer: 2021


ERISA, Employee Benefits, Executive Compensation