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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110506
Experience:  20+ Years of Employment Law Experience
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I retired from the teamsters - holland motor frt- i had to

Customer Question

i retired from the teamsters - holland motor frt- i had to retire because of sleep apea and i couldnt see to drive. I had over 25 yrs and they returned some money (where i purchased several weeks in "80's) in 03 due to change in contract. was able to get disability and a pension of $2000.00 month and no benifites. Now as of the July they are cutting my pension to $1100. month. I am 66 yrs old and have had 6 cornial eye transplants and other health problems. Between my husband and my self we have over $10,000.00 year medical expenses out of pocket. I am unable to work and I cant live on this amt. When i called central states I was told the govermen allowed Holland to not pay into our retirement for 4 yrs and now they only have to pay 1/4 of amt. When I retired they were talklng about dropping the pension and start matching 401ks for retirement. this makes sense since when us old retires dies no one gets our pensions and if they can get away with this they have it made. By the way Holland is one of the top 3 truck lines in business and going strong.
Submitted: 6 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 6 months 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.
You would have to first get a copy of the plan description you retired under, because that plan description is what they have to pay under and they cannot just change your benefits after the fact because their plan changed unless your plan description states specifically they can change your benefits without notice. By benefits, I mean the money you can collect under your pension plan.
So if they are not following the pension plan description that was in effect at the time you took the pension, you would have the right to sue them for breach of that contract and seek to enforce the plan description that you were under at the time you retired and you would use an employee benefits law attorney to do so.
Customer: replied 6 months ago.
i have been unable to find a lawyer in the Flint area that will even discuss this case. The contract book never said subj to change and it didnt when I purchased the time back in the 80's i told you about either and I did seek a lawyer then but was told that the company could change anything in the past but not in the future" stupid huh! i had to pay for that info. is all lawyers afraid of the teamsters or central states?
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
It is not that attorneys are afraid of any entity, they are bound by what is written in your plan description. So if your plan description says it could be changed at the discretion of the employer, then the attorneys you are talking to are bound by that under the retirement plan laws.
The written plan is the law of what can or cannot be done regarding your retirement plan. So, as I did say initially, your plan document is what is going to control what the employer can do here and it is not that anyone is afraid of the teamsters, it is that everyone is bound by that document and what it says.

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