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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: California Employment Law
Satisfied Customers: 2134
Experience:  Practicing Attorney with 10 years experience
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My retirement admin service center made a mistake and

Customer Question

my retirement admin service center made a mistake and thought i was part of calpers and would not let me retire from their company as inactive vested until I retired from company B. I just found out I loss 107 ,000.00. I could have retire from company A 6 years ago. What can I do to get funds back?
JA: Have you documented this or discussed it with HR?
Customer: I just wrote a letter to the director. I have some notes on past phone calls. Calls are recorded.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: The employment at company A was part ime 9 out of 10 days. It was union. Not part of calPERS like they stated..
JA: Anything else you want the lawyer to know before I connect you?
Customer: I would like to know If I can recoup my losses on the basis of misinformation.
Submitted: 8 months ago.
Category: California Employment Law
Customer: replied 8 months ago.
Do you think I should send the letter below to the director of RASC or does it need revision?Attention: Ellen Lorenz, Director of RASCMy name is***** am a vested inactive member of UCRP.
I recently called RASC to ask for my retirement forms. Imagine my angst when the rep said I could have retired 6 years ago.
I previously called RASC after receiving a letter from UC RASC on 3-15-10, that stated "There is no discernable advantage for a separated employee to postpone retirement income from UCRP after age 60, as maximum benefits are generally payable at this age." I called RASC multiple times on 3-22-10. My chart was flagged for calPERS reciprocity. I was told I had CalPERS at both employers. I called again on 11-8-12. The representative misinformed me stating I had to wait to retire from University of California until I retired from my present employer California Pacific Medical Center secondary to reciprocity involving calPERS. I was with 5 different hospitals in a short span of time secondary to mergers and de-mergers and although I questioned the CalPERS affiliation, the representative remained adamant. Apparently every time they here the word 'California' in an employer name they assume calPERS is involved, instead of saying "I don't know, but I'll find out." I am now ready to retire from my current employer 6 years later, and I have called RASC 60 days before expected retirement. CalPERS never heard of me. I don't exist in their system.
Your representative now says I could have retired at age 60. She also states the mistake was made because the file was flagged for reciprocity. CalPERS states they have no info on file. I just lost out on $107, 000.00 worth of income. I need to file a grievance for poor representation and misinformation and also recoup this loss. Please have your staff send me the forms so I may start the process. Thank you.
Sincerely,___________
Linda Kolbach *****
San Francisco, Ca 94134
Customer: replied 8 months ago.
Correction to employment agreement.36 hours a week is full time in nursing lingo for 12 hour shifts. Employment was at will with a open shop union. I was medically separated from position.
Expert:  Asad Rahman replied 8 months ago.

I am sorry to hear this. The problem here is I cannot see a way to get around the statute of limitations that would bar a legal claim.

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