Your pension is crucial to help ensure you are financially secure once you have retired and are no longer part of the workforce. However, pension disputes can sometimes occur between a retiree and their previous employer. While you worked hard throughout the years to be entitled to your pension, it’s not uncommon for conflicts to arise regarding the amount of payment, taxes, or insurance-related matters. In such cases, it’s vital to have an attorney who is well-versed in such issues and can assist you with obtaining your rightfully entitled benefits.
The employee benefits attorneys at Stember Cohn & Davidson-Welling LLC have represented individual pension plan participants in a variety of settings. With a deep understanding of the laws that apply to pensions and retirement benefits, our legal team will evaluate the details of your case and assess the best way to move forward. Whether your claim must be vigorously negotiated, or litigation is necessary, our attorneys are dedicated to providing relentless representation for pension disputes.
A pension plan is an employment benefit in which an employer makes monetary contributions into a pool of funds which are set aside for the future — guaranteeing that a retiree will receive a specific amount of money each month. However, there can be a number of obstacles that might jeopardize your right to your pension. At Stember Cohn & Davidson-Welling, our attorneys regularly work with clients who are facing pension disputes with their former employers.
Conflicts involving pensions can arise concerning the following issues:
At Stember Cohn & Davidson-Welling, we handle various disputes concerning private pension plans (subject to ERISA) and federal retirement plans (such as the Federal Employee Retirement System and Civil Service Retirement Systems, which are subject to the Civil Service Reform Act and administered by the federal Office of Personnel Management). Our attorneys also represent clients who have state and local government pension plans within Pennsylvania (subject to Pennsylvania state and local laws).
There are specific statutes and laws that employers and plan administrators must adhere to when it comes to pensions. Importantly, employers are required to follow the Pension Protection Act of 2006. This federal statute protects employees by holding companies accountable for underfunding existing pension plans. In addition, the Employee Retirement Income Security Act (ERISA) requires that employees are provided with information about their plan and how it is funded — ERISA also sets forth minimum standards for pension plans and prohibits administrators from revoking or unfairly denying them.
These statutes outline the requirements that must be followed regarding the management and distribution of pension benefits. Every pension plan is required to have an established claims procedure under ERISA. After filing a claim, you must receive a written decision within a reasonable amount of time. In the event your benefits were denied, the response must specify the reasons for the denial.
You have 60 days to file an appeal if you disagree with the denial of benefits. Your plan’s summary should specify the procedure for filing an appeal and include information as to where it should be filed. While some disputes can be resolved internally or adminsitratively, more complex conflicts might only be resolved by filing a lawsuit. If your claim was still denied after you filed an appeal, you may be able to take legal action in state or federal court to help ensure you recover your lost benefits.
At Stember Cohn & Davidson-Welling, our attorneys know how important your pension is to you. Providing personalized time and attention in every case, we carefully review each client’s pension plan to have a thorough understanding of the details and nuances. No matter how complicated a case might be, our attorneys guide our clients through every step of the legal process — and fight for their interests both at the administrative level and inside the courtroom.
If your employer denies your claim for a pension, fails to pay your full pension, or attempts to recover an alleged pension overpayment, our Pittsburgh pensions attorneys can assist you. We welcome you to contact us by calling (412) 338-1445 or email us at info@stembercohn.com to schedule a no-fee, initial conversation. Located in Pittsburgh, Stember Cohn & Davidson-Welling LLC handles a wide variety of pension matters for clients in Pittsburgh and throughout Western Pennsylvania.
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