Complicate Statute!
ERISA is a very complex federal statute, so a simply synopsis of all of its features and benefits is not easily accomplished.
Interested in a comprehensive overview of ERISA and the claims and processes discussed below? Click Here.
However, there are a number of common ERISA disputes which we summarize here.
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| ERISA Plan = Contract |
What Does ERISA Govern?
In short order, ERISA governs company-sponsored retirement plans. While companies are not required to have such plans, if they choose to do so they must follow the rules of ERISA. If they do have a plan covered by ERISA, then employees have what amounts to a contractual right to enforce those policies and obtain benefits to which they are entitled thereunder.
What Are Defined Benefits Plans?
Defined Benefits Plans ("DBPs") are retirement plans drafted by companies and approved by the IRS as having met the requirements of ERISA. DBPs may provide for a wide variety of benefits, often including long-term disability, severance and retirement payments.
A Common Source of ERISA Disputes Typically Revolving Around
Whether Employee Was Fired "For Cause"
HERE ARE
SOME OTHER LINKS YOU MAY FIND WORTHWHILE:
Severance and Pennsylvania Unemployment -
Doing the Math
Voluntary Severance Offers - How to Negotiate
and What to Look for When a Company Offers Severance
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| Misclassified Workers Have ERISA Rights |
Who is Entitled to Participate in a Defined Benefit Plan?
Only company employees.
NOTE: If you have been misclassified as an independent contractor while in fact under the law you are actually an employee, you may file an ERISA claim for benefits. Best to seek counsel for that, though.
Only company employees.
NOTE: If you have been misclassified as an independent contractor while in fact under the law you are actually an employee, you may file an ERISA claim for benefits. Best to seek counsel for that, though.
HERE
ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:
Do I Have to Be
Employed to Get the Bonus or Commission I Earned in Pennsylvania?
What Are Common Claims Under ERISA?
Here are a few:
* Being deprived of Long-Term Disability benefits under the DBP;
* Being deprived of severance under the DBP; and,
* Being deprived of retirement benefits under the DBP.
How Do I File Suit Under ERISA? How Do Appeal an ERISA Benefit Denial?
An ERISA suit must be filed in Federal Court, since ERISA is a Federal law.
Prior to filing such a suit, though, you must first exhaust all of your rights to administrative appeal under the DBP. This process involves filing a claim for benefits with the DBP "Plan Administrator", and then appealing the initial denial by the Plan Administrator.
You should make all appropriate arguments and submit all relevant documents during this process, or you may be subject to waiver. This is another very good reason to retain counsel for any ERISA appeal process.
Typically, it takes about 6 months to exhaust your administrative rights under a DBP, after which you may file an ERISA suit.
Typically, it takes about 6 months to exhaust your administrative rights under a DBP, after which you may file an ERISA suit.
Philadelphia Area Employment
Attorney Representing Employees
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