Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

ERISA question for city worker. I began working for my present…

Customer Question
ERISA question for city worker...
ERISA question for city worker. I began working for my present employer 25 years ago. For the first 3.5 years, I was classed as a temporary part-time worker (although most weeks I worked 40 hours) for purposes of benefit (including retiment) accrual. The employer is a government entity, and, as stated in its personnel rules, temporary workers were not eligible for its retirement plan; as they did not participate in Social Security, no SS (or any other retirement benefits) was set aside for me during those 3 years. I still have all my pay stubs for those 3.5 years. Do I have any legal basis for having those 3.5 years accredited to my retirement benefit? I would gladly pay my share of the retirement plan deductions for those years.
Submitted: 8 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
6/18/2010
Lawyer: Phillips Esq., Attorney-at-Law replied 8 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,757
Experience: B.A.; M.B.A.; J.D.
Verified

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

ERISA question for city worker. I began working for my present employer 25 years ago. For the first 3.5 years, I was classed as a temporary part-time worker (although most weeks I worked 40 hours) for purposes of benefit (including retiment) accrual. The employer is a government entity, and, as stated in its personnel rules, temporary workers were not eligible for its retirement plan; as they did not participate in Social Security, no SS (or any other retirement benefits) was set aside for me during those 3 years. I still have all my pay stubs for those 3.5 years. Do I have any legal basis for having those 3.5 years accredited to my retirement benefit? I would gladly pay my share of the retirement plan deductions for those years.

 

Response: Unfortunately no. Eventhough that you worked over 40 hours per week, your classification as a temporary worker is what counts for the purposes of determining your eligibility for benefits.

Ask Your Own Legal Question
Customer reply replied 8 years ago
I didn't think you were really the one I asked to respond to my question, and I'm really not satisfied with your answer; it just seems like a "canned response"; if that's all that ERISA amounts to, just "whatever the employer wants to do", why have it.
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,757
22,757 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
My wife Dosha was 66 on April 1st and applied for social
My wife Dosha King was 66 on April 1st and applied for social security benefits. We received a letter dated May 8th that indicated “Your benefit is $811.80 as a wife. This is in addition to the benefi… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I retired from my current job on 4/30/2017. Despite my best
Second opinion] I retired from my current job on 4/30/2017. Despite my best efforts, my employer failed to withhold and contribute maximum catch-Up contribution amount for the last 3 years. Every year… read more
Ray
Ray
Lawyer
Doctoral Degree
33,770 satisfied customers
My company changed health plans and our new coverage is age
My company changed health plans and our new coverage is age based is that not age discrimination? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,344 satisfied customers
Cigna is saying a federal statute trumps Oklahoma law but
Cigna is saying a federal statute trumps Oklahoma law but she sited ERISA which is to my understanding an act to protect retirement benefits. Am I wrong and do you practice law accepting cases?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
This is an issue of incorrect (lower) Pension amount being
This is an issue of incorrect (lower) Pension amount being received, yet the employer acts in an unfair, inequitable manner and seems to ignore the full letter of current Soc Security Law and refuses … read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
Just informed by former employer that they made an error in
Just informed by former employer that they made an error in calculating my husband's pension benefits. He retired sixteen years ago and made the decision to take a reduced benefit amount so that I wou… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My husband needs assistance with a pension issue, where Chevron
My husband needs assistance with a pension issue, where Chevron says that they can not find a record of his employment with a company that was ultimately purchased by Chevron. He has a letter from thi… read more
Lawdoctor
Lawdoctor
Attorney At Law
Doctoral Degree
1,396 satisfied customers
I have just received notice from a former employer that they
I have just received notice from a former employer that they are declaring bankruptcy. I'm a retiree and receive a monthly retirement income from them. What can I do to protect my retirement. The comp… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Most banks use Individual IRA forms that require the spousal
Most banks use Individual IRA forms that require the spousal signature to waive beneficiary rights if the primary beneficiary named is not the spouse. What specific law or regulation requires the sign… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
William Crouse 71 years old still working and drawing ss. I
William Crouse 71 years old still working and drawing ss. I was in the carpenters union for over 20 years and was to draw retirement at 62 thru the union. After 6 years of being paid $360.00 month and… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
1. Leigh and Dusek are beneficiaries of the Reliable Corporation
1. Leigh and Dusek are beneficiaries of the Reliable Corporation Employee Profit Sharing Trust and former owners of the Reliable Corporation. The trust was originally created by the company as an empl… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
I work for a state Department of Labor and have been covered
I work for a state Department of Labor and have been covered by a defined benefit pension plan. The plan has been modified several times since its inception in 1961. The modificaitons have increased t… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I was employed for 21 years by a city school district. When
I was employed for 21 years by a city school district. When I applied for social security retirement be efits in June 2009, I was told that because the school district failed to withhold and pay socia… read more
Allen M., Esq.
Allen M., Esq.
Officer and former adjunct prof.
Juris Doctor, Cum Laude
20,587 satisfied customers
Can employers offer no benefits to one group and ...
Can employers offer no benefits to one group and benefits to another group under the same tax id number. I have a client that has a medical clinic and a sleep center. Want to offer benefits to medical… read more
ADillon
ADillon
286 satisfied customers
My problem is Local 710 says the lst year I worked, they ...
My problem is Local 710 says the lst year I worked, they won't give me credit for 12 weeks of earned credit because they say I need to have 20 weeks for a half year or 40 weeks for a full year. Has th… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers
If you are a 40 year employee with 100% vesting in your ...
If you are a 40 year employee with 100% vesting in your company pension plan and you are terminated by your employer can they withhold your pension money from you?… read more
Michelle
Michelle
Doctoral Degree
2,604 satisfied customers
ON DECEMBER 22, 2006 I VOLUNTARILY RESIGNED FROM THE LOS
ON DECEMBER 22, 2006 I VOLUNTARILY RESIGNED FROM THE LOS ANGELES COUNT METRO TRANSPORTATION AUTHORITY.DURING THE YEARS I WAS EMPLOYED THERE I WAS A MEMBER OF UNITED TRANSPORTATION UNION. I CONTRIBUTED… read more
Jane T(LLC)
Jane T(LLC)
Master's Degree
18 satisfied customers
If you are collecting Social Security and still working, if ...
If you are collecting Social Security and still working, if you incur a medical absence, can you still collect state disability?… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x