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I just found out last oct. that I had a pension plan and…

Customer Question
I just found out...

I just found out last oct. that I had a pension plan and would br retroactive as of last august, now they are saying it wont be retroactive cause I didn't sign a paper, but they told me not to send it in till I got divorce document , which I couldn't get (Trenton lost it) now they are saying OK u don't need the document but it wont be retro......something sounds illegal , plus I could have received this pension 6 yrs ago but I never even knew I had this plan................sounds more i

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

I don't know, I was full time at Newark beth for 11 yrs

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

Want to know if I can sue for the 6 years I should have been collecting

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

New jersey

Submitted: 6 months ago.Category: Employment Law
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1/5/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 6 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,952
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. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Unfortunately, if you did not apply to collect the pension, even though you did not know you had the plan, you cannot sue to collect the money from the last 6 years. You could only sue to get retroactive payments if you applied to collect and were improperly denied.

As far as not signing the paperwork, if you had to sign the paperwork to get the back months to August and you did not sign them, they legally can withhold the retroactive amount from you. Since you did not get the documentation, they can allow the pension for future payments, but you need to read the plan description, because that is the contract they are bound to by law and what they have to follow as there is no actual statute addressing this. The laws say they have to follow what your plan description states. So if the plan description says they must give it to you retroactive to August, you could force them to do so by suing for breach of contract, but if the plan description does not say they must give it retroactive to August then they do not have to do so unless you meet their requirements.

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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