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Category: California Employment Law
Satisfied Customers: 933
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Customer Question

Regarding Late Retirement Increases and ERISA- Do I understand correctly that defined benefit pension plans must give an actuarial increase to non-active retirees who defer taking benefits past thier normal retirement age? I am seeking the legal auth to support my coming appeal. FACTS: Age 44, I terminated Feb, 2004. Then I applied for SSDI and was eligible under Title II SSA with a disability date coinciding with my term date. I didn't realize my plan provided 'Disability Ret' or the unreduced benefit at 65yrs, regardless of age, and payable the following month after date of term. In Jan, 2012, I learned I could start ret ,I contacted the plan. At first, the plan calculated my unredudced benefit at $791 mo. then it went to $2,185, then to $3,995. I began payments im May 2012. In Aug 2012, plan sent overpayment notice explaining my benefit was overadjusted to include late ret. incr through age 65 in error; that late ret. incr. should have only applied to my ben. start date (BCD). But the notice said the correct ben. amt was $791. I appealed because that amount did not include any late ret. incr. The thing is the company had replaced the Administrator who did the audit for another Admin who denied my claim. They took the notice as meaning something else; that the ben was overadj with the actuarial incr of 5.008 in error sincee I 'choose' to ret in May 2012 and Dis Ret is payable the following month after ret begins, thus, the correct amt is $791. I feel had I known in 2004 I could have been getting $791 mo. I would have taken it But since I just now found out about the benefit there should be an actuarial incr or late ret incr. to compensate for the shortened timeframe in which I will be paid benefits (single annuity). Question #1: What if any, legal auth supports my theory of recovery of the denied actuarial incr? #2: Do I have to pay back the taxes taken each month by the plan for the IRS? Should'nt I only be paying back the net amt?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. I've been working hard to find a Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.


Thank you!
Wendy

Customer: replied 1 year ago.

Yes I am willing to wait for an answer. Should I go ahead and pay the $38 now?


 


Thanks So Very Much


 


W.S. Elam

Expert:  Fran-mod replied 1 year ago.
Thank you for your patience. We will continue the search for a Professional for you. Once a professional has given you a satisfactory answer and you rate him, you will pay for your answer.
Customer: replied 1 year ago.

Employed with Kaiser Permanente 11yrs.1993-204. Was vested in a Defined Contribution Plan when working for The Permanente Medical Group 1993- 1998. Vested Jan '98. After Corporate restructuring job was eliminated in August '98 and started working for Kaiser Foundation Health Plan, Inc., and became vested in the Defined Benefit Plan by 2003. Plans were merged after I vested and now it appears my benefit was calculated as if a Defined Benefit.


 


Shouldn't I have received a lump sum payment from the DCP? Before the 2006 ERISA Amendement?


Expert:  Wendy-Mod replied 1 year ago.

Thank you for the additional information. The Professional that can help you will ask for more if they need it.

Thank you again for your patience. We will continue to search for a Professional for you.

Regards,
Wendy

Customer: replied 1 year ago.

Is there anyone you can find to help me?

Expert:  Wendy-Mod replied 1 year ago.

Thank you for your continued patience while we continue our search.

Regards,
Wendy

Expert:  Fran-mod replied 1 year ago.
Thank you for your patience, your business is very important to us, we are waiting on a professional with the right expertise to come online. Feel free to let us know if you would like us to continue searching for a professional or if you would like us to close your question. Thank you for your understanding!
Customer: replied 1 year ago.

I think I can wait just a little longer

Expert:  Wendy-Mod replied 1 year ago.

Thank you for your continued patience while we continue our search.

Regards,
Wendy

Expert:  Wendy-Mod replied 1 year ago.
Please understand that it’s rare when we cannot find the right Professional. Nevertheless, because you are entitled to your money back with no questions asked, we will process your refund immediately, upon your request. Please accept our sincere apology. We hope you’ll think of us again when the need arises.

Regards,
Wendy
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX the refund please. I'll still remain a customer. ok? but I could use the refund.


 


Thanks


 


W Elam

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LawTalk
LawTalk
California Employment Lawyer
933 Satisfied Customers
I have 30 years of experience in the practice of law, including employment law and discrimination law.