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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Hired as PT employee by municipality and was told I was required

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Hired as PT employee by municipality and was told I was required to join the pension plan. Employer also contributed to plan. After 13 years of contributions, and nearing time for retirement, employer has advised that they made an error in allowing my participation in the plan because I do not work at least 1000 hours in a 12 month period. They will return my contributions, only, and will provide the services of an accountant to assist with the refund so as to reinvest it. Am I entitled to the full investment including interest earned? I was counting on this retirement plan and now it is gone.

Thank you for your question.

This incident is outrageous. I think you have a very good argument that you are entitled to the full value of what you would have earned had the municipality not been negligent. I think there is likely some federal law violations here as well under the ERISA statutes. I would recommend that you obtain a local attorney who specializes in ERISA claims to handle this matter. You may potentially have to file suit. Nevertheless, it is ridiculous that you simply get your money back that has been contributed without any compensation. They deprived you of the right to invest the money yourself and cannot simply just give the money back to you now and say "tough luck, sorry."

Please let me know if you have further questions on this issue.

Best Regards,
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