ERISA Attorney

The federal Employee Retirement Income Security Act of 1974 (ERISA) was put in place to monitor employee sponsored health, pension, and profit-sharing plans. ERISA governs these plans by setting minimum standards for benefit plans, the vesting of benefits, and communication to plan participants and their beneficiaries. An ERISA attorney is used for processing any litigation regarding the breach of rules regarding these plans.

ERISA covers all plans, funds, or programs that provide medical, surgical, or hospital care benefits as well as retirement income or the deferral of income after retirement or termination. Deferred compensation plans such as stock bonus and money purchase pension plans are also covered under ERISA.

To safeguard benefits, an ERISA attorney litigates that assets in a beneficiary's pension be virtually "untouchable." This is accomplished by requiring that plan administrators file numerous reports with the U.S. Department of Labor, the Internal Revenue Service, and the Pension Benefit Guaranty Corporation. These reports include plan descriptions, summary plan descriptions, material changes in the plan, description of modifications of the terms of the plan, an annual report, an annual registration statement listing employees separated from services during the plan year, and numerous other reports for defined benefit plans scrutinized by ERISA attorneys.

If the employer refuses to furnish you with accurate details regarding your plan, and you are filing an ERISA lawsuit, your ERISA attorney will ask you to demand a copy of the employer's pension and profit sharing plans from the plan administrator. ERISA provides that plan participants are entitled to examine all plan documents filed with the U.S. Department of Labor, including detailed annual reports and plan descriptions. If you request materials and do not receive them within 30 days, an ERISA attorney may be used to file suit in federal court. The court may require the plan administrator to provide the materials and pay up to $100 a day until you receive the materials.

Your ERISA attorney will have you contact the plan administrator immediately to protect your rights if your claim is denied, or if you suspect there are problems with your plan. Under federal law, every employee, participant, or beneficiary covered under a benefit plan covered by ERISA has the right to receive written notification stating specific reasons for the denial of a claim. You have the right to a full and fair review with your ERISA attorney and the plan administrator if you are denied benefits.

If you suspect the company has not acted properly with respect to your benefits, determine whether the amount of each payment corresponds with the amount that was deducted from your paycheck and reflects any promised matching contributions. If you are not satisfied with the answers, contact your ERISA attorney to discuss the matter and request an investigation on behalf of you and your coworkers.

You should speak to a ERISA attorney if your company orally modifies any plan benefits, if a summary description does not accurately depict essential elements of the plan, or if a division of the company you are working for is sold and the new company offers far less severance and other benefits than previously promised.

An experienced ERISA attorney can help you organize your claim and decide if it falls under ERISA law. Don't be strong-armed by your company, get an experienced ERISA attorney on your side to expedite your claim.