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Recent ERISA questions

I am a US citizen living and working (in Houston, Texas)

I am a US citizen living and working (in Houston, Texas) for a multinational publicly traded company. When they bought my UK employer I was under an employment contract. Then I became a employee of the multinational (I have an employee number). However, they have not paid me my benefits such as 401K, medical insurance etc. I have been persuing this with the UK and US HR people for a year. I keep getting the runaround. What is my recourse? Thanking you in advance, Vivian Fulks

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Dwayne B.

Juris Doctor

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According to the ERISA fact sheet: "You immediately

According to the ERISA fact sheet: "You immediately vest in your own contributions and the earnings on them. This means you have earned the right to these amounts without the risk of forfeiting them. But note – there are restrictions on actually taking them out of the plan." This is from this link: https://www.dol.gov/ebsa/faqs/faq_consumer_pension.html. Can you tell me what they mean about restrictions on actually taking the money out of the plan? What restrictions can they impose?

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Law Educator, Esq.

Attorney At Law

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Defined benefit pension was stopped and hospital red a third

Defined benefit pension was stopped and hospital hired a third party diversified to manage Have began receiving monthly statements" estimates" of for years what my lifetime monthly payments would be started off(###) ###-####down to 200 then 0Hospital HR rep states based on admits ration plan Erisa rule it doesn't matter who made the errors in estimatesFinal calculation 56.00 /month vs as much as 600 based on yrs of service and rules of the planWhen a business decides to hire a 3 rd party to manage this over the years and wrong information is delivered to 3rd party or actuary calculates monthly estimatesHR dept today says it doesn'tMatter based on Erisa lawThey have to pay me based on what they have calculated correctly now based on rules of administrative plan

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Marsha411JD

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I am about to retire from an employer that offers an

I am about to retire from an employer that offers an ERISA-qualified pension (401a). I read the official plan document and found out that the employer can cancel the pension plan at any time for any reason. Most likely this good employer will not do that, but if it does, the plan says that retirees receiving a monthly pension could be turned over to an insurance company for continued annuity or given a lump sum to replace their remaining benefit. Let's say this happens several years from now and I have outlived my life expectancy. Could it be that I will have completely exhausted my benefit and my remaining benefit will be $0?Thank you for your advice,Jane

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I'm currently on LTD disability, exp'g. on Aug, when I turn

I'm currently on LTD disability, exp'g. on Aug, when I turn 65; my former employer terminated me due to disability. At the time, the Co. considered an Ee. to be fully vested in 5 years, which I had met. My question is: Am I entitled to Retirement Benefits?

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Marsha411JD

Doctoral Degree

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When I retired from co school system I was with my gay

When I retired from Lee co school system I was with my gay partner for 20 some yrs .there were no options at that time for me to choose to make sure she gets my pension. I did have her as my benificary. Now that Supreme Court has allowed us to marry after38 yrs is she entitled to my pension from the Fl school system? We had no option at the time to check I think I checked option 1 but that was not fair. Now that the law has changed can she get my pension? Please help us she does not have a pension she has always been self employed and I want her to have my pension that I paid into. *********** ************

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Dwayne B.

Juris Doctor

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Can a Erisa pension payments, Union in this case, be

Can a Erisa pension payments, Union in this case, be attached by a creditor, when deposited into a checking account prior to being spent?

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Alex Esquire

Managing Attorney

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I was told by Social Security that I "may" be entitled to

I was told by Social Security that I "may" be entitled to retirement benefits. I called American Standard and after 90 days of looking into it, they say I am not eligible because aI signed a form. I do not recall signing any form and they have my termination date as 2004, although I was terminated in 2003. How do I challenge them?

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Dwayne B.

Juris Doctor

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I recently retired on 3/31/2016 and enrolled pension

I recently retired on 3/31/2016 and enrolled for my pension benefits on 3/23/216. Our pensions were froze in 2012 and the benefits calculated at that time. My benefits were complex to calculate because I was outsourced in January 2005 through March of 2009. I had also briefly retired in 2007 and had received 24 pension payments before being rehired by my original employer including prior years of service. Principal is the administrator of the pension fund and for some reason cannot seem to calculate the pension benefit correctly. They have worked on it for 4 years and I received numerous pension statements but never the same amounts twice. The statement from 3/15/2016 was used when I enrolled for my pension benefit and I was assured by my employer and Principal that the amounts were finally correct. I have been retired for almost two months now and have yet to receive a distribution. I received a call from Principal in late April and they told me that again they have not calculated the benefit correctly and I am looking at a $360 monthly reduction from what they promised me. My employer is working with them to verify the calculations and last week I was informed that more errors were made and the monthly amount is likely to be reduced again. This is totally unacceptable to me as I have made economic decisions based on the monthly amount that I was assured was accurate. Is there any legal recourse for me to hold them to their original promised amount. I still do not know what the most recent calculated amount is for my benefit. I'm guessing it will be close to a $500 a month reduction which is $6,000 yearly.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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