When you think about your future, your retirement, and the benefits you have worked hard for, the last thing you want to worry about is whether you will actually receive them. For many California employees, understanding the laws that protect these benefits, particularly ERISA, is crucial.
You might be wondering why you even need to know about ERISA in the first place. After all, employers just handle your benefits, don’t they? In theory, yes. But the reality is that mistakes happen, and sometimes employers or insurance companies do not act in your best interests.
Maybe your pension benefits have been delayed or denied, or you are struggling to access health benefits after a layoff. These are the moments when understanding your rights under ERISA becomes essential.
The laws surrounding ERISA can feel like a maze of legal jargon and complex rules. And when issues arise—like a denied pension or a problem with disability coverage—knowing where to turn or what to do can be overwhelming.
At Kantor & Kantor, we have seen how confusing this process can be for employees who just want to secure the benefits they have earned. ERISA is meant to protect employees, but it can be tough to navigate without the right guidance.
We are people helping people, and we are here to support you through this complex legal terrain. Contact our California ERISA lawyers today at 818-886-2525 for your free consultation.
Understanding Your Pension Rights
For many employees, the most significant part of the Employee Retirement Income Security Act (ERISA) involves pension plans. Under ERISA, your employer must provide you with detailed information about your pension, including how it is funded, when you become vested (entitled to your benefits), and how your benefits are calculated. The law also ensures that pension plans are managed by fiduciaries who act in the best interests of participants and beneficiaries.
Key pension protections under ERISA include:
The Right to Information
Your employer is required to provide you with specific information about your pension plan. This includes details like how your pension is calculated, the formula for determining your benefits, and when you will become “vested” or fully entitled to those benefits. This information should be provided in clear, understandable terms so you know what to expect.
Vesting
ERISA sets rules for how long you must work before you earn a non-forfeitable right to your pension. Depending on the type of plan, you may become vested after a set number of years or gradually over time.
Funding Requirements
ERISA requires employers to adequately fund defined benefit pension plans to ensure there are enough assets to pay future benefits. If a plan becomes underfunded, the Pension Benefit Guaranty Corporation (PBGC), a government agency, may step in to help protect your pension benefits.
Fiduciary Duties
Those who manage and control pension plan assets (the plan’s fiduciaries) are legally required to act in your best interests. They must run the plan with the goal of ensuring that it provides the benefits promised. ERISA holds fiduciaries to high standards, requiring them to avoid conflicts of interest, manage plan assets prudently, and follow the terms of the plan. If a fiduciary mismanages the plan or acts in a way that harms participants, they can be held accountable, and you may have the right to take legal action.
Protections Against Employer Misconduct
ERISA protects your pension from being unfairly reduced or denied due to employer misconduct or changes in plan terms. Employers cannot terminate or amend a plan to take away benefits that you have already earned or promised. Additionally, ERISA makes it illegal for employers to discriminate against you for exercising your pension rights or for attempting to claim benefits.
What Is Your Right to Appeal Under ERISA?
ERISA requires pension plans to have an internal process for handling appeals. If your pension claim is denied, the first step is to review the denial letter carefully. This letter must explain the reasons for the denial and provide you with instructions on how to appeal.
Here is what you can expect in the appeal process:
- Written Explanation: The denial letter should give you a clear, written explanation of why your pension benefits were denied. This is crucial because it allows you to understand what went wrong and what evidence you need to gather for your appeal.
- Gather Supporting Evidence: During the appeal, you have the right to submit additional information or documentation to support your claim. This might include employment records, documents showing your contributions to the plan, or other evidence that challenges the denial.
- Appeal Deadlines: It is important to act quickly. ERISA gives you a limited amount of time to file an appeal, typically within 60 to 180 days of receiving the denial. Missing this deadline can prevent you from pursuing your claim.
- Internal Review: Once you submit your appeal, the plan administrator will conduct an internal review. This review must be done by someone who was not involved in the original decision. They will re-examine your claim and any additional information you provided.
- Final Decision: After the internal review, you will receive a decision. If the denial is overturned, you will start receiving your pension benefits. However, if the denial is upheld, you may need to take further action.
How Our ERISA Attorneys Can Help You with Your ERISA Claim
Filing an ERISA claim requires precise adherence to procedural rules. Mistakes in the filing process can delay or even disqualify your claim. Our experienced attorneys guide you through the filing process, helping to ensure that all necessary documentation is complete, accurate, and submitted on time.
If your claim has been denied, we assist in preparing a robust appeal. This involves gathering additional evidence, securing expert opinions if necessary, and constructing a compelling argument on your behalf.
Our attorneys are well-versed in the tactics used by insurance companies and plan administrators to deny claims. With this knowledge, we can effectively advocate for your rights at every step of the process.
If an appeal to the plan administrator does not resolve the issue, our attorneys are prepared to take legal action on your behalf. We have a strong track record of litigating ERISA cases in federal court, where we argue against wrongful denials of benefits and fight for the enforcement of your rights under your plan and federal law.
Contact Us Today to Get the Legal Support You Deserve
It is easy to feel lost when your future security is on the line, and the paperwork feels endless. At Kantor & Kantor, we understand the real-life impact these benefits have on you and your family.
We are not just attorneys; we are people helping people, and we are advocates committed to understanding and supporting each unique situation. Our goal is to stand by your side, ensuring your rights are protected.
If you are facing difficulties with your pension, health insurance, or other benefits, contact our ERISA attorneys. We have made it our mission to help people like you protect their future.
Contact Us Today At Kantor & Kantor, we are dedicated to protecting your benefits and securing your future. Call us at 818-886-2525 for a free consultation.
