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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 114149
Experience:  20+ Years of Employment Law Experience
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My father recently passed 10/25/16. He worked for BP Amoco

Customer Question

My father recently passed 10/25/16. He worked for BP Amoco and I have been back and forth with them as they are refusing to pay.
My father had a life insurance policy as well as a pension plan. Metlife paid on two policies per instructions from Hewitt who is the record keeper for BP Amoco. I now receive a letter stating that it was over paid. However I have been asking in writing and phone calls for the breakdown of how they arrived at the payments since Feb 25, 2016. Hewitt is refusing to supply that information.
I also am on a final appeal on the Pension plan with Erisa. My father called in to the benefits center and was told he had predeath benefits and now they are claiming that he did not have predeath benefits even though it is in the transcripts where they stated that he did.
What do I do about the Hewitt and can I file a claim for them refusing to provide those documents? And do the Erisa laws provide they pay up to $100 per day until I receive the materials from Feb 2016?
What can I do about the Pension Plan?
Submitted: 5 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 5 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.
ERISA Section 502c provides for penalties of $100 per day for any plan administrator who refuses to provide documents within 30 days. See: http://www.buchanandisability.com/helpful-resourcesandarticles/erisa-502c-actions/
You are also entitled to documentation proving the overpayment as well, in order for them to prove their claim. They have to prove overpayment was made or your father received payments he was not entitled to.
If they refuse to provide proof of overpayment, that would also be part of your suit in addition to the failure to provide documents as required by Section 502c.

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