Bonita L. Hatchett-Bodle, Esq., LL.M.'s Profile Image

Bonita L. Hatchett-Bodle

Of Counsel
Phone: 952.921.4614
Fax: 952.896.1704
vCard

Main Areas of Practice

ERISA and Employee Benefits Law

Bar Admissions

  • State of Illinois (2000)
  • State of Texas (2019)
  • State of New Jersey (1996)

Representative Matters

Bonita has nearly 30 years of experience serving as ERISA and benefits counsel to public and private national corporations, public sector entities, growth and middle-market companies, jointly-trusteed collectively bargained funds, as well as entrepreneurs in every major industry group, including national retailers, technology companies, insurers, associations, educational institutions, philanthropic organizations and individuals.

Ms. Hatchett-Bodle has spent the majority of her career as an equity partner, partner and associate at large international law firms. She has also served as General Counsel for two national organizations in the employee benefits industry.

  • Expert ERISA and tax compliance knowledge and experience with respect to qualified and non-qualified retirement plans (including 401(k), 457(b)/(f), 403(b), 409A and other tax rules) as well as health and welfare plans and executive compensation arrangements.
  • Corrects retirement plan operational and documentary failures under EPCRS, including VCP, CAP and SCP, preparing required plan amendments, the correction memorandum and any required participant notification, and negotiates VCP and CAP submissions with the IRS.
  • Prepares DOL and IRS amnesty Form 5500 delinquent filings and provides advice regarding plan operation, including eligibility, hours of service, contribution allocation, vesting, loans, in-service withdrawals and distributions, partial termination, accrual freeze and plan termination.
  • Provides advice on health and welfare plan regulatory requirements, including the tax rules, the ACA, No Surprises Act, MHPAEA, ERISA disclosure rules, reference-based pricing and preemption analysis in connection with self-funded plans.
  • Represents parties in employee benefits collective bargaining, arbitration and mediation, including No Surprises Act Independent Dispute Resolution.
  • Retirement, health and welfare and deferred compensation plan design, redesign, strategy, cost containment and establishment of the internal fiduciary committees and external structure required to implement and administer the arrangements.
  • Negotiates service provider and PBM contracts on behalf of plan sponsors, demands compliance with ERISA 408(b)(2) disclosure requirements and state law PBM mandates, advises on ERISA preemption, and pricing and rebate transparency.
  • Provides representation in regulatory examinations and matters before the IRS, DOL, HHS, PBGC and/or other agencies involving employee benefits plans, including governmental audits of plans, determination letter applications and response to agency inquiries.
  • Writes plan documents, plan amendments, trust agreements, board and committee resolutions, internal administrative manuals and administrative forms, in addition to employment, severance and executive compensation agreements.
  • Performs legal reviews for communications relating to employee benefit plans, including summary plan descriptions, summaries of material modifications, notices and other material correspondence, and reviews, analyzes and corrects auditors' reports for financial audits of employee benefit plans.
  • Provides expert advice and consultation regarding ERISA, the Code and related HR laws as they pertain to employer-sponsored benefit plans and executive compensation programs, and on the effect of court orders affecting employee benefit plans, including qualified domestic relations orders (QDROs) and qualified medical child support orders.
  • Advises on the employee benefit plan implications of company mergers and acquisitions, conducts due diligence, writes and negotiates the benefit provisions of transactions, assists with benefits integration.
  • Advises on plan operational requirements, such as fiduciary obligations, participant disclosures, and nondiscrimination, coverage and other operational testing requirements.
  • Provides advice, drafting, review and edit oversight of insurance contracts, including the design of group annuity contracts, health and life insurance policies and drafts RFPs and conducts vendor interviews and evaluation, benefits applications and other forms necessary for plan administration
  • Reviews and negotiates investment management agreements, subscription agreements and instruments governing alternative investments, and provides advice on prohibited transactions under ERISA, in addition to exemptions.
  • Conducts participant retirement and benefits education and training and assists with open enrollment, including state and federal plans having conducted over 50 2-day education trainings for the Defense Logistics Agency, the Army and other agencies on FERS, CSRS and TSP

Speaking Engagements

  • Medicare and Reference-Based Pricing (6 Degrees Health ● January 2023)
  • Intro to ERISA, Account Based Plans & the Affordable Care Act (6 Degrees Health ● March 2022)
  • Roe v. Wade and the need to examine health plan design (Boutwell Fay ● January 2022)
  • Employer Mandated Vaccinations (6 Degrees Health ● November 2021)
  • ERISA 408(b)(2) Compensation Disclosure Rules (6 Degrees Health ● August 2021)
  • School Reopening (UBA Webinar ● June 12, 2020)
  • COBRA Basics (UBA Webinar ● June 2, 2020)
  • The Importance of the ERISA Plan Document Requirement (UBA Webinar ● May 27, 2020)
  • ERISA Basics (UBA Webinar ● May 21, 2020)
  • EEO Laws and COVID-10 (UBA Webinar ● May 8, 2020)
  • Reopening Guidelines-All Phases (UBA Webinar ● May 1, 2020)
  • Reduction in Hours and Employee Benefit Entitlement (UBA Webinar ● April 24, 2020)
  • FFCRA and CARES Act Issues (UBA Webinar ● April 17, 2020)
  • Legislative Update (UBA Spring Conference ● April 14, 2020)
  • What Employers Need to Know About the CARES Act (UBA Webinar ● April 2, 2020)
  • Has conducted over 50 two-day seminars to former military and civilian employees of the US Department of Defense and armed forces groups regarding updates to the Federal Employees’ Retirement System (FERS), the Civil Service Retirement System (CSRS) and the Thrift Savings Plan (TSP) for the Defense Logistics Agency and the Defense Commissary Agency (2012 to present)
  • TEXPERS Summer Trustee Training: Update on Regulatory Compliance (August 2017, August 2018, October 2018)
  • Did You Know? Unique State Employee Benefit & Employment Issues, American Bar Association (February 2017)
  • Social Security Benefits and DOL’s New Fiduciary Rules, Strasburger Tax Symposium (November 2016)
  • Inherited IRAs-What the Supreme Court May Do-American Bar Association Webinar (June 19, 2014)
  • In the Loop Employment Issues to Master 2013- Update on Health Care Reform (May 15, 2013)
  • The Illinois Chapter of the ESOP Association 2013 Annual Conference, Oakbrook Terrace, IL (3/7/2013)
  • Federal Health Care Reform: 2013 Is Here – Now What? - Warsaw Kosciusko Co. Chamber of Commerce, Champagne Jam, 2517 East Center Street (2/28/2013)
  • National Bar Association – Commercial Law Section, 2013 Corporate Counsel Conference, St. Regis Monarch Beach North, 1 Monarch Beach Resort, Dana Point, CA 93629 (2/23/2013)
  • Health Care Reform-ERISA- Notre Dame Innovation Park, 1400 E. Angela Blvd., South Bend, IN (2/8/2013)
  • Healthcare Reform 2013: Post-Election Healthcare Reform and the New Regulatory Landscape Under the Affordable Care Act-Webinar (12/11/2012)
  • Federal Health Care Reform: The Election Is Over – Now What? (11/13/2012)
  • Spring Symposia – “Employee Benefits Plans and Other Compensation Arrangement Group and Business Planning Group: Using Retirement Plans as a Part of a Business Entrance or Exit Strategy” (5/3/2012)
  • IBA Chicago Conference 2011 – “Current Trends in Attracting and Retaining Executive Talent After the Crisis” (4/11/2011)
  • American Conference Institute Forum – What is Next for ‘Say on Pay?: Preparing for New Developments So Your Company/Client is Equipped to Create Effective Plans” (7/23/2010)
  • CLE Program: Sears Holdings Corporation – “ERISA: The Statute’s Broad Reach” (6/4/2008)
  • Bell, Boyd & Lloyd MCLE – “ERISA: Demystifying the Statute. The ABCs of ERISA for Corporate Lawyers” (4/22/2008)
  • Corporate Counsel Forum – “New Strategies on Deferred Compensation” (7/26/2007)
  • Steel Manufacturers Association – “Human Resources: Legislative Update” (11/1/2003)
  • 2003 Mid-Summer Professional Development Seminar – “Planning, Preparation and Persistence: The Large Law Firm Hiring Process” (6/28/2003)
  • IBC USA Educational Forum – “Workplace 529 Plans: Future ERISA and other Implications for Employers” (11/18/2002)
  • Steel Manufacturers Association – “HIPAA Compliance: Challenges and Opportunities” (3/7/2002)

Education

Georgetown University Law Center, LL.M. in Labor and Employment Law, Certificate in Employee Benefits Law (1997)

Rutgers University School of Law, JD (1996)

University of Michigan, Bachelor of Arts (1992)

Professional and Community Involvement

  • Texas Bar Association
  • American Bar Association
  • American Health Law Association
  • American Society of Administrative Professionals
  • Prior Qualified Plans Vice Chair of the American Bar Association Section of Real Property, Trust and Estate Law
  • Iota Phi Lamda Sorority, Incorporated
  • Sigma Gamma Rho Sorority, Incorporated
  • WorldatWork

Publications

  • SCOTUS Revives Cornell 403b Lawsuit: What Fiduciaries Must Know, Bloomberg Tax, Tax Management Memorandum (May 19, 2025)
  • The DOL’s New “Economic Realities” Test to Determine Employee Status: ERISA Considerations for Benefit Plan Sponsors, Lexology (April 23, 2024)
  • Health Care Plans After Dobbs: What Employers Need to Know: Journal of Pension Benefits (Vol. 30 No. 1 Autumn 2022)
  • Human Resources 2008: “Automatic 401(k) Plan Enrollment After the Pension Protection Act of 2006” (2008)
  • Human Resources 2006: Answers to Your Top 25 Questions - “Disaster Planning and HR” (12/1/2006)
  • Human Resources 2006: Answers to Your Top 25 Questions - “Domestic Partner Benefits” (12/1/2006)
  • Human Resources 2006: Answers to Your Top 25 Questions: “The New Roth 401(k) Plan Feature: Expanding the Possibilities Under 401(k) Plans Through Qualified Roth Contribution Programs” (12/1/2006)
  • The Practical Lawyer – “What You Need to Know About the Prohibited Misuse of ERISA Plan Assets” (12/1/2006)
  • Human Resources 2006: Answers to Your Top 25 Questions – “Forms LM-10 and LM-30 Filing Requirements” (6/1/2006)
  • The Advisor – “Health Savings Accounts: A New Alternative to Cover Healthcare Costs” (9/1/2004)
  • Trustee Magazine – “What Trustees Should Know About Intermediate Sanctions” (3/18/2004)