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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4470
Experience:  Exclusively practice labor and employment law.
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What recourse do I have if if I believe my former employer

Customer Question

What recourse do I have if if I believe my former employer is not calculating my pension correctly? While I worked for AIG, I remember calculating my future pension in accordance with the plan and they are well over $200 a month lower in what they now calculate, 9 years after I left the company. I have asked 3 times for the figure they are using as my salary average for the calculation and they keep ignoring my requests.
Submitted: 6 months ago.
Category: Employment Law
Expert:  John replied 6 months ago.
Your claim is covered under a law known as the Employee Retirement Income Security Act which covers all work-based health and retirement plans. You should first request all the plan documents, under ERISA. If they refuse to do this within 30 days, that refusal is a violation of ERISA and a $100 a day penalty; make the demand by certified mail. Then, after examining the plan and reconstructing your pension formula, if you believe the plan has miscalculated the benefits owed, you may administratively appeal the plan's decision in accord with the policy. If it is denied at the administrative appeal, your next and only option for recourse is to file a federal lawsuit against the plan. A few points need to be mentioned you are precluded from offering evidence in federal court if you do not present it at the administrative appeal. Lastly, the issues in these cases involve a complex body of law. Thus, you should consider retaining a local attorney that specializes in ERISA and/or employee pension claims.
Expert:  John replied 6 months ago.
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