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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4896
Experience:  Extensive experience representing employees and management
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Dear People, My original pension that paid me approximately

Resolved Question:

Dear People,
My original pension that paid me approximately $2900/mo. from United Airlines began in June 30, 2003. I had chosen as my option for the original pension a level income with survivor benefits for my wife. I would receive a little less than the maximum amount (due to the 66% survivor beneifit)and would reduce the amount in 2013 by United equal to the amount that I would receive from social security when I started receiving soc sec at age 66 in Aug 2013. After I chose the early retirement at age 55 in June 2003, several months later my pension was terminated by UA and the PBGC . My payment was reduced to about 1600/mo. (less than a year after I retired 30Jun2003)

Now I have been notified by the PBGC that I will take ANOTHER pension reduction and my new pension will be $750/mo when I start receiving my social security in Aug 2013.
I think this is immoral and illegal. I believe that when United terminated all the pensions, all the options of the plans were terminated, including survivor benefits (there will be none now, and the level income option ... can you help?
jim menconi
XXX@XXXXXX.XXX
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

From what you stated, it appears that the amount that your pension will be reduced by (from $1600 to $750) is likely the amount that you will be receiving in social security benefits when you reach the age of 66 in August of 2013.

However, if you believe that you're being denied benefits, you can file an ERISA claim with PMGC following the procedure outline here

http://www.dol.gov/ebsa/publications/how_to_file_claim.html
Customer: replied 2 years ago.
not very pleased with your answer. I no longer have a pension provider. Will ERISA help with the PBGC? I already have the info for the appeal thru the PBGC. I was hoping more for facts regarding a contractually guaranteed pension being actually guaranteed even with the company terminating the obligations it wants and ignoring the rest. I do not believe this was worth $69.
Expert:  Joseph replied 2 years ago.
Yes, ERISA law protects you even though you no longer have a pension provider, and would assist you with the PBGC.

You should file an appeal within 60 days if your claim is denied.

Additionally, you would have a breach of contract cause of action against PBGC for terminating its obligations to you under the pension plan.
Customer: replied 2 years ago.
So, let me understand this.
Even though I have been receiving retirement benefits, albeit diminished, since 2003, I can file a form or do I write a letter explaining my situation. And this would be sent to the
U.S. Department of Labor | Frances Perkins Building,XXXXX NW, Washington, DC 20210.
Is this correct?
Expert:  Joseph replied 2 years ago.
Yes, you should either write a letter explaining your situation or call the Department of Labor directly, which you can do at:

1-866-444-EBSA
Joseph, Lawyer
Satisfied Customers: 4896
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
thank you for your help. I am more pleased now than before. To your knowledge has the DOL ever approved appeals for increased benefits? And if even after a lost appeal would it be prudent to get an attorney at that time?
Expert:  Joseph replied 2 years ago.
The Department of Labor doesn't have the authority to approve appeals for increased benefits, only the courts could do that. They would need to file suit on your behalf, and can most likely, only assist you with your appeal.

I think it would be prudent to get an attorney, or at least speak to one, if you lose your appeal.

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