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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19692
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I have asked my pension office but can't get

Customer Question

I have asked my pension office for information but can't get answers. They quote from the employee handbook how I need to repay an earlier withdrawal to have my pension service reinstated, but I look in the Official Plan Document and find a different calculation. I have asked them to show me the calculations they are using to determine my pension benefit but they won't show me. How can I get them to respond?
Submitted: 5 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 5 months ago.
Hello,If you have exhausted your efforts by going to management with the pension plan administrator and they have not resolved your questions, then you can, if you choose, file a complaint with EBSA, the Federal agency that enforces ERISA which is the law that governs pension plans. They will contact the employer and try to resolve the issue. You can find out how to file your complaint by going to the following link: Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you
Customer: replied 5 months ago.
Guess my questions weren't clear or specific enough. Want to know if the Plan Summary/Employee Handbook says one thing, but the Plan Document says another, which one prevails? I thought the Plan Document was the official document. Also, is my company pension office obligated to show me the calculations they use to determine my benefit if I ask them to show me the calcs?
Expert:  Marsha411JD replied 5 months ago.
Thank you for asking the additional question. The Plan Document is what controls. However, there can be changes to the Plan document that would be reflected in a new Plan Summary. If there is a conflict that cannot be resolved, the appropriate course is the one that I shared, a complaint with EBSA. Your plan administrator should provide you enough information so that you can tell if they are complying with the Plan. There is no cut and dry rule as to how much or what form they must provide that in. That again, is why you would file a complaint if they aren't providing you with enough information to make your determination.
Expert:  Marsha411JD replied 5 months ago.
Hello again,I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 11th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox. In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: you.

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