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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111449
Experience:  20+ Years of Employment Law Experience
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MY WIFE is A TEACHER IN cATHOLIC GH sCHOOL IN MASSACHUSETTS

Customer Question

MY WIFE is A TEACHER IN cATHOLIC HIGH sCHOOL IN MASSACHUSETTS FOR THE PAST 23 YEARS. FOR THIS PERIOD OF TIME THE DIOSESE WHICH OWNED THE SCHOOL(OVER 23 YEARS), FOR WHICH THE DIOCESE HAS MAINTAINED A CONTRIBUTORY PENSION PLAN TO WHICH BOTH SHE AND THE DIOCESE MADE MONTHLY CONTRIBUTIONS. THE DIOCESE HAS COME UNDER SERIOUS FINANCIAL PROBLENS AND UNILATERALY ANNONCED THAT THEY WOULD NOT CONINUE TO MAKE THEIR CONTRIBUTIONS AND THAT THEY RESERVED THE RIGHT TO TERMINATE SUCESSOR PLAN AT ANY TIME IN THE FUTURE. sh My question is she covered by ERISA and if not' 1s her contribution safe, and is what the diocese put in safe in the event that they terminate the successor pan
MY IF, IF SHE WERE TO
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If there are employer contributions to the plan it is an ERISA plan and as such her contributions to the plan would be protected. Also, for those employees who are vested in the plan their rights to collect pension when they meet the qualifications under the plan would remain, but contributions would be frozen in the plan. Thus, your wife's plan can be frozen and it would not go away, her money is there and if she is vested, then under ERISA she must be allowed to collect when she is eligible to collect under the terms of the plan.

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