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Myself and 200 plus people worked in a county run hospital…

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Myself and 200 plus...

Myself and 200 plus people worked in a county run hospital in Fl. for over 18 to 30 years. The county hospital is slowly selling the hospital over a 7 year period to the 7 day Adventist. The 7 day Adventist would not purchase our hospital if it was responsible for the 200 + retirees. The hospital was given money to fully fund our retiree pension plan by the Adventist so they were free of us,however it was covered by ERISA and now it is not. The original pension plan has been altered w/out our wishes or the care of our well being for all who worked with their heart soul sweat and tears. Are we powerless. I have a copy of both plans. Nobody has contributed to our pension fund since2010

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

FLorida

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

It was called a mirror plan which meant it mirrored the Florida County Pension. Must have worked a minimal of 5 years full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What can we do. Don't want hard working people in their elder years w/out a income from this pension

Submitted: 6 months ago.Category: Employment Law
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Answered in 2 minutes by:
11/28/2017
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 12,330
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

If I can clarify, could you describe for me the circumstances where they advised that the plan was not going to be covered by ERISA?

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Customer reply replied 6 months ago
In the revised plan it clearly says no ERISA
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thanks so much for your patience. According to the U.S. Department of Labor:

ERISA requires plans to provide participants with plan information including important information about plan features and funding; sets minimum standards for participation, vesting, benefit accrual and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to establish a grievance and appeals process for participants to get benefits from their plans; gives participants the right to sue for benefits and breaches of fiduciary duty; and, if a defined benefit plan is terminated, guarantees payment of certain benefits through a federally chartered corporation, known as the Pension Benefit Guaranty Corporation (PBGC). In general, ERISA does not cover plans established or maintained by government entities or churches for their employees, or plans which are maintained solely to comply with workers’ compensation, unemployment, or disability laws. Because the 7th Day Adventist is a church group, it is likely that the new plan wouldn't be covered and because this was a county run hospital, they aren't required to have the plan be under ERISA as well, unfortunately. Have you spoken with a local employment attorney about this?

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