Partner

Ginger B. LaChapelle has broad experience counseling sponsors of multiemployer and single-employer plans, companies, tax-exempt entities and executives on all matters of tax, ERISA, employee benefits and non-qualified deferred compensation arrangements.

Ginger regularly advises on the design, operation and qualification of all types of pension and welfare benefit plans including ERISA’s fiduciary standards and prohibited transaction rules. Her practice also includes the implementation and administration of non- qualified deferred compensation plans under Internal Revenue Code Section(s) 409A and 457.

Ginger also has significant experience handling ERISA controversies including benefits litigation and governmental investigations. She has represented fiduciaries in breach claims, delinquent contribution matters and in U.S. Department of Labor investigations alleging statutory violations. She has also handled audits conducted by the Internal Revenue Service.

In addition, Ginger is a contributing author of the ABA Section of Labor and Employment Law’s treatise, Employee Benefits Law, and she is a Co-Chair of the Regulation of Specialized Types of Retirement Income Plans subcommittee of the American Bar Association.

In her spare time, Ginger enjoys reading, sports, and spending time with her family.

Significant Representations

• Counsel to Boards of Trustees of multiemployer pension and welfare plans with individual assets of several billion dollars on day-to-day matters as well as special transactions.
• Represented Board of Trustees of a multiemployer welfare plan in connection with a merger whereby it was acquiring another multiemployer welfare plan.(Read More)

• Participated in representation of certain loyal Trustees of a multiemployer pension plan in a U.S. Department of Labor investigation involving fiduciary obligations and mismanagement of millions of dollars of plan assets by a subset of Trustees, which resulted in settlement of the investigation without penalty to innocent Trustees.
• Handled employee benefits considerations in connection with merger of local unions.
• Draft and negotiate investment manager agreements, and side letter agreements with various private equity and hedge funds concerning the investment of plan assets.
• Successfully represented International Pension Fund in multi-million dollar withdrawal liability litigation, which made law in the D.C. Circuit.
• Established Secular Trust for key employees in beleaguered industry, thereby placing assets beyond the reach of company’s creditors.
• Established 501(c)(3) tax-exempt scholarship fund for major international Union.

Speaking Engagements

• The American Bar Association’s 2011 Employee Benefits Committee’s Annual Meetings – “Multiemployer Plans and Funding Issues”
• The American Bar Association’s 2009 Employee Benefits Committee’s Annual Meetings – “403(b) Developments” and “Tax Compliance:  Qualified Plan Tax Compliance Problems and What to do About Them”
• The New York State United Teachers 2010 & 2012 Member Benefits Conferences – “Health Reform Update” and “FMLA: The Basics”
• The New York Employee Benefits Conference 2010 Meeting – “Fee Disclosure in Participant Directed 401(k)/403(b)/Profit Sharing and Other Individual Account Plans”
• Blitman & King Employee Benefits Seminar 2012 – “Health Reform 2014 and Beyond”
• Blitman & King Employee Benefits Seminar 2011 – “Fee Disclosure in Participant Directed Individual Account Plans”
• Blitman & King Employee Benefits Seminar 2010 – “Investment Advice to Participants and Beneficiaries: Proposed Regulations”
• Blitman & King Employee Benefits Seminar 2009 – “Final Regulations under the Mental Health Addiction Equity Act” and “Michelle’s Law”

Affiliations

American Bar Association Section of Taxation (2003 to present); American Bar Association Section Labor and Employment Benefit Plans (2003 to present); New York State Bar Association (2003 to present); Albany County Bar Association; District of Columbia Bar Association