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Just received a letter inquiring if I was the employee that

Customer Question
used to work for them...
Just received a letter inquiring if I was the employee that used to work for them 30 years ago. After contacting them and verification, they stated that I was eligible for my pension and was eligible since age 55, now 60. When I inquired about compensation for the previous 5 years, they didn't want to discuss. Where do I stand legally ?
Submitted: 4 months ago.Category: Employment Law
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Answered in 2 minutes by:
7/25/2017
Employment Lawyer: Ely, Counselor at Law replied 4 months ago
Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102,694
Experience: Years of experience in running a medium sized law firm.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

1) Who is "them?"

2) How old were you when you signed a pension plan with the company - do you remember?

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Customer reply replied 4 months ago
Sears pension dept
I started working full time for Sears at the age 19 or 20 (from 1977 - 1987 I believe)
Employment Lawyer: Ely, Counselor at Law replied 4 months ago

I am going to opt out of your question and open this up for other experts.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.

My apologies for any inconvenience and good luck.

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Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 119,601
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR.
You are entitled to pension payments from the date you apply for the benefits. Unless your plan description provides for retroactive payments, no retroactive pension payments are given, you simply begin collecting now into the future on the pension pursuant to the Employee's Retirement Income Security Act (ERISA) which governs these pension plans.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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Customer reply replied 4 months ago
Even if :
1) Never received a annual statement or a notification from pension company? (in 30 years)
2) Aren't they responsible for annual statements and notification, to the pursuant, prior to plans inception (55),
Not 5 years after the fact ? (60)
3) If I request a copy of my pension plan, what are the chances I will receive one? Is a subpoena required?
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply.

Even if you did not receive a statement or notification, you still are not entitled to retroactive payments, you ARE entitled to payments from now going forward.

They are responsible for publishing their statements and notifications, but not for actually making sure you received them or mailing them.

They must, under ERISA, send you a copy of the plan description and if they refuse to do so you could sue them for not providing the plan description.

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Law Educator, Esq.
Law Educator, Esq., Attorney
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