Read about some of our Pension & Retirement Benefits cases.
The Employee Retirement Income Security Act (ERISA) of 1974 is a federal law that establishes minimum standards for voluntarily established pension and other benefit plans in the private sector. In addition to stating the rules that an employer must follow, ERISA provides rights for participants to sue for benefits and any breach of fiduciary duty.
Martin & Bonnett partners Dan Bonnett and Susan Martin have been on the forefront of ERISA and labor law class action litigation, having achieved millions of dollars in settlements, including a partial settlement of $35 million in a pension class action lawsuit against Honeywell that benefited thousands of retirees.
More about: Honeywell $35 million settlement
Know your rights before you retire: You have a legal right to review retirement plan documents and to have them reviewed by an attorney. You owe it to yourself to ensure you are treated fairly and receive all benefits to which you are entitled.
We all make mistakes – and somehow employers and companies make mistakes in their own favor in calculating what they pay in pension and retirement benefits. Do not let that happen to you. Make sure you receive what you are due. Do not assume that your pension benefit calculations are correct or that what your employer says you are entitled to receive is correct.
Under ERISA, your pension benefits must vest after certain periods of employment. If you left the company and later returned, you might be entitled to credit for the initial period, even if your absence was for many years. If offsets for Social Security or other income affect your benefits, be sure the calculation is correct. When companies merge, there may be errors, plan amendments or misunderstandings about what you have been promised and are entitled to receive.
If you think your rights as an employee or retiree may have been violated, you should consult with an attorney who is experienced in labor, employment and ERISA benefits. Our practice includes fully documenting your claim, filling out the necessary forms, and pursuing appeals with the Plan Administrator when necessary.
Know your rights before you file an appeal with the plan. Many times, the failure to consult an attorney before appealing to the plan will limit your chances for success if you later decide to pursue your claim in court. It is most important to know that if you need to take your case to court, you may be limited in your evidence to what you have earlier presented in your appeal to the plan administrator.
Susan Martin and Martin & Bonnett handle ERISA-related cases throughout the United States and have been featured in the New York Times, Wall Street Journal and several other national news publications. Susan Martin is a nationally known ERISA lawyer, having won numerous million- and multimillion-dollar cases for her clients.
We represent employees and retirees whose benefits claims have been denied, or whose benefits plans have been amended, and have been deprived of benefits guaranteed by ERISA. We can help you file your administrative claim and appeal, and we can file a lawsuit on your behalf to receive the benefits the benefits to which you are legally entitled. We have battled high-profile and Fortune 500 companies in order to force them to be responsible for providing promised pension, health and other benefits.
See more of our Pension & Retirement Benefits cases.
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Read about our current and recent Pension and Retirement Benefits cases.