Employment Law Questions? Ask an Employment Lawyer.
You technically have surpassed the statute of limitations for bringing an ERISA claim for employer benefits, 10 years in Illinois. However, if you can locate the pension administrator you can make a claim for those benefits. Or if you cannot locate the pension administration, contact the department of labor for assistance in locating the administrator and/or making an administrative claim for the benefits.(###) ###-####.
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Here's the issue. You can make the argument, which a lot of people do, that you weren't provided or were denied plan documents in order to garner the knowledge that your leaving the company should have been a requirement under the plan. The problem is that this argument loses most of the time because employers or the plan frequently do post the plan in a place open to employee access. As long as they can show it was within our ability to get acces to the plan, they can destroy that claim. Hope this answers your questions.