Mark Stember concentrates his practice on counseling clients on the tax and related aspects of health and welfare benefits, flexible compensation, fringe benefits, executive compensation, and qualified retirement plans. Mr. Stember has counseled both private and public clients regarding health and welfare plans, cafeteria plans, fringe benefit plans, such as adoption assistance and tuition reimbursement, nonqualified deferred compensation plans, executive split dollar life insurance plans and section 401(k) and pension plans.

Mr. Stember is the leader of the Health and Welfare and Employee Benefits Legal Alert teams. He is a frequent writer and presenter on employee benefits matters. He is also a member of the Employer’s Council for Flexible Compensation Technical Advisory Council, and the Contributing Editor for the Employer’s Guide to the Health Insurance Portability and Accountability Act. As such, Mr. Stember writes quarterly updates for the ECFC Flex Reporter and the Employer’s Guide to HIPAA.

Mr. Stember is chair of the Health and Welfare Plan Design and Funding subcommittee for the Employee Benefits Committee of the American Bar Association Section of Taxation, and co-chair of the JCEB Health and Welfare Benefit Plans National Institute. In his role as chair, Mr. Stember has led discussions and has presented at the Section of Taxation and JCEB meetings on all issues affecting health and welfare plans, including the Affordable Care Act, HIPAA privacy and security, ERISA disclosure issues, COBRA issues, health reimbursement arrangements (HRAs), and health savings accounts (HSAs) He was also a significant contributor to the Workgroup for Electronic Data Interchange (WEDI) – HIPAA Privacy and Security Employer Workgroup, and he authored portions of WEDI’s white paper on HIPAA Issues for Employers. Mr. Stember was also the only law firm presenter at the first Department of Health and Human Services national symposium on the HIPAA privacy rules that was held in 2003 in New Orleans.

In 2009 Mr. Stember was appointed by the Departments of Health and Human Services and Labor as the only law firm co-chair of the CHIP Employer Coverage Coordination Working Group.

Mr. Stember was recognized in The Best Lawyers in America® in 2017 and the seven years immediately preceding for Employee Benefits Law and ERISA Litigation. He was listed in 2016 and the six years immediately preceding as a Washington D.C. "Super Lawyer" in Employee Benefits Law by Super Lawyers magazine.

Professional & Community Activities

American Bar Association, Section of Taxation, Employee Benefits Committee, Health and Welfare Plan Design and Funding Subcommittee, Chair

Fellow of the American College of Employee Benefits Counsel

Employer’s Council for Flexible Compensation, Technical Advisory Council

JCEB Health and Welfare Benefit Plan National Institute, Co-Chair

Departments of Health and Human Services and Labor, CHIP Employer Coverage Coordination Working Group, Co-Chair

Employer’s Guide to the Health Insurance Portability and Accountability Act, Contributing Editor

Journal of Pension Benefits, Editorial Advisor (2005-2011)


  • Hamline University School of Law, J.D. (1995)
  • University of Missouri, LL.M., Taxation (1996)
  • St. Cloud State University, B.S., Accounting (1991)
    magna cum laude

Bar Admissions

  • District of Columbia (2002)
  • Iowa (1996)


  • U.S. Tax Court

Who We Are

Suite 900, 607 14th Street, NW
Washington, DC, 20005-2018
t +1 202.508.5802
f +1 202.585.0018

Mark L. Stember

Experience Highlights

ERISA plans for several publicly traded food and beverage manufacturers
Represented several publicly traded food and beverage manufacturers in designing and implementing an integrated plan document and summary plan more
Restructuring employee health programs for a national corporation
Represented a national corporation in restructuring its employee and retiree health programs, including funding mechanisms through a VEBA and a more
Obtained regulatory exemptions for Employee Assistance Programs and wellness benefits
Represented several Fortune 500 companies in obtaining exemptions for EAPs and wellness benefits from the research fee and Form W-2 more
Electronic health records for a national beverage manufacturer
Assisted a national beverage manufacturer in designing electronic health records for its employee group health plan. more