New York City Denial Of Pension Benefits Lawyers

Have you been denied a pension? The law may protect your right to receive that pension. Pension plans come in many forms, but they all have one thing in common – they make a legally enforceable promise to pay a benefit in accordance with the plan of benefits. ERISA, the Employee Retirement Income Security Act, is a federal law requiring private sector pension plans to follow their written rules. Under ERISA, if you are improperly denied a pension you may have the right to go to federal court to force the pension plan to pay you a benefit. If successful, the court may require the pension plan to pay your attorney fees.

Pensions and the Law

There are two basic types of pension plan: defined benefit plans and defined contribution plans. A defined benefit pension plan is one that is designed to make a promise to pay a certain level of benefits when you retire. So, for example, you may be entitled to so many dollars per month for each year of service or a percentage of final average compensation.

A defined contribution plan is one that is designed to only promise you what was contributed on your behalf along with the earnings or losses on your account. A 401 k is a common defined contribution plan.

Some plans are funded with employer money, some with employee money and some with both employer and employee contributions. Under the law, you are always 100% vested in the benefit based on your money. You may have to wait a certain number of years to become vested in the benefit based on employer money, but once you are 100% vested you remain completely vested for as long as you continue to participate in the plan.

What to do if the employer or the pension plan denies you a benefit

If a pension plan denies you a benefit they must do so in writing. This letter must give you some reason for the denial and also inform you about your right to appeal the denial. Do not delay in filing an appeal. There will be a strict time limit and if you fail to file your appeal in time you may have lost your right to go to court to challenge your denial.

You may wish to get the help of an experienced ERISA attorney to assist you in making your appeal. You have the right to get needed documents from the pension plan to make an effective appeal. The attorney can help you make the request. Once you have the needed documents, the attorney can help draft your appeal to make the strongest argument possible about why you should get a pension benefit.

Pension Plan Violations

If you have been denied a pension benefit or believe you are entitled to receive a greater benefit than awarded, speak with an experienced pension attorney by contacting Cary Kane LLP to schedule a consultation. We are located at Herald Square in Manhattan.

We do not handle governmental plan matters: our practice is limited to pension plan matters in the private sector.