Pension Action Center

Read about clients that have been helped by the Pension Action Center's services.

Pension Action Center

Illinois Pension Assistance Project Helps 68-Year-Old Woman Obtain Lifetime Pension Benefit

A 68-year-old Illinois woman contacted the Illinois Pension Assistance Project because her former employer, Solo Cup Company, informed her that she would not be receiving a pension, despite telling her some years earlier that she was eligible for a benefit. The woman had two periods of service with Solo Cup. She worked for Solo Cup for three years in the 1960s, was absent for eight years, and then came back for approximately ten years from 1978 through 1988. Solo Cup argued that the woman incurred a permanent break in service and forfeited her first three years of employment.

When she returned to work, according to Solo Cup, she did not have exactly ten years of vesting and therefore failed to earn a pension. Luckily, the client kept all the letters she had received from Solo Cup since her employment with them ended in 1988, including those stating she was eligible for a benefit.

The Illinois Pension Assistance Project wrote to Solo Cup and requested documents about our client’s benefit. Upon receiving our letter, Solo Cup immediately reversed its most recent determination and reaffirmed that the client was pension eligible. The client will soon begin to receive a lifetime benefit of $112 per month!

Widow Denied Late Husband’s Pension, Because He’d “Remarried.” The Problem? They’d Never Gotten Divorced!

Mrs. A, a Connecticut resident, contacted the New England Pension Assistance Project (NEPAP) for help with her survivor benefits from the Railroad Retirement Board. Mrs. A’s late husband was a long-time employee of the railroad. Mrs. A and her husband lived apart for the last decade of their marriage, but never got divorced.

Before finding NEPAP, Mrs. A tried to apply for survivor benefits on her own, but the Railroad Retirement Board denied her application. They told Mrs. A that her late husband had allegedly gotten remarried and that his second wife was entitled to survivor benefits. Mrs. A was confused because she and her husband had never been legally divorced! If anyone was entitled to survivor benefits from the railroad, Mrs. A knew she should be receiving them. NEPAP filed a claim for benefits on Mrs. A’s behalf and after six months of waiting, the Railroad Retirement Board approved our claim. Mrs. A received a one-time retroactive lump-sum payment of $29,263.20 and subsequently began to receive a monthly survivor benefit of $1,259, to be paid for the rest of her life. The overall lifetime value of Mrs. A’s benefits is $249,253.19! Mrs. A wrote at the conclusion of her case, “I was very fortunate to have been assisted by the New England Pension Assistance Project.”

Improper Plan Administration Almost Costs Widow Her Survivor’s Benefit

The New England Pension Assistance Project recently assisted a 76-year old widow in Stamford, Connecticut. She was living on a modest income and having difficulty obtaining her survivor’s benefits from her late husband’s pension plan. Her husband had died in 2010 at the age of 79 without ever receiving his pension.

The client called us in April of 2011 because she had paperwork showing that her husband was vested in a pension sponsored by the Bunker-Ramo Company, which had been acquired by Honeywell long after his employment had ended. She had contacted Honeywell on her own and had been told she was not entitled to any benefit.

When we contacted Honeywell on the client’s behalf, we were told that the client was ineligible for a survivor’s benefit because her late husband had failed to file an election form giving her a Qualified Pre-Retirement Survivor Annuity. We realized immediately that this answer was completely inconsistent with the Retirement Equity Act (Section 205 of ERISA), which required that the 50% survivor annuity be the automatic form of benefit payment for any vested participant who was alive on August 23, 1984, and whose benefits were not yet in pay status on that date. It was shocking that the pension administrator was acting in a manner so blatantly incorrect in an area of well-settled law.

We filed a claim for survivor’s benefits in late August 2011, and anticipated a decision within the 90-day framework dictated by ERISA. When we did not receive a response within that period, we began a series of letters and telephone calls that ultimately led to Honeywell admitting in December 2011 that our claim was received. In May of 2012, Honeywell finally agreed to calculate and pay our client the survivor’s benefit retroactive to the date of her late husband’s death.

The retroactive lump sum and the ongoing monthly lifetime benefit, with a projected lifetime value of over $27,000, will have a significant impact on our client’s life and on her economic security.

The Pension Action Center Keeps Up the Fight for Pension Rights

On April 27, 2012, the Pension Action Center wrote to the Internal Revenue Service to advocate for the pension rights of American workers and retirees. The Pension Action Center’s letter was prompted by a request from the American Society of Pension Professionals and Actuaries (ASPPA) that plans be relieved of their legal obligation to notify departing workers of their right to a pension. Click here to read the full text of the Pension Action Center’s letter.

Up until now, the Internal Revenue Code has required pension plans to give departing workers a notice if they have earned a right to a pension. This notice must state how much a worker will receive in pension benefits, how frequently those benefits will be paid, and who is responsible for paying them. ASPPA, which represents the interests of pension plans, sent a letter asking the IRS to relieve pension plans of this requirement.

Notifying departing workers of their right to a pension serves three important purposes. First, the notices inform American workers how much they will receive in pension benefits when they retire. Second, the notices provide clear evidence that a pension plan has deemed an individual entitled to pension benefits. Third, these notices help workers plan for retirement. The Pension Action Center urged the IRS to maintain its existing rule.

The Pension Action Center hopes that the IRS will agree with its interpretation of the law and continue to enforce the right of American workers to receive information about their pension benefits.

The Pension Action Center, part of the Gerontology Institute at UMass Boston, advocates on behalf of pension plan participants and strives to improve their economic security in retirement. The Pension Action Center houses the New England Pension Assistance Project, a pension counseling project funded by the U.S. Administration on Aging that represents workers and retirees in their claims for benefits. Because of its clear focus, the Pension Action Center is a one-of-a-kind organization in New England and is in a unique position to appreciate the importance of these pension notices to American workers and retirees.

Click here to read the full text of the Pension Action Center’s letter to the IRS. For more information on services provided by the Pension Action Center, visit http://www.umb.edu/pensionaction or call 617.287.7307 or 888.425.6067 (toll free). Stay updated on the Pension Action Center’s activities by following them on Twitter at www.twitter.com/pensionaction.

Leave No Stone Unturned: How an Obscure Provision in the Federal Pension Law Led to a Benefit Increase

The New England Pension Assistance Project (NEPAP) recently obtained a significant benefit increase for a 60-year old Massachusetts resident!

Our client (whom we’ll call M) received a booklet from his pension plan saying that the plan was “frozen” back in 2002. When a company “freezes” its pension plan, benefits stop accruing and are calculated as of the date when the plan was frozen. M had never been officially notified of the pension freeze and was understandably concerned about the effect this would have on his pension. When he contacted his former employer, a large medical equipment company, M was told that his pension would be $346.65 per month — considerably less than he expected! M tried unsuccessfully for months to get more information from his employer. He then contacted NEPAP after finding our website.

NEPAP uncovered an obscure provision in the federal pension law which requires employers to notify workers of a pension freeze. This meant that M should have received a notice back in 2002 when his pension plan was frozen. If an employer fails to send this notice, benefits continue to accrue. M’s former employer had overlooked this rule and frozen M’s benefit in 2002 despite giving him no notice! NEPAP brought this to the attention of M’s employer. We argued that M’s benefits had to continue accruing until the employer notified M of the pension freeze. We also requested that they recalculate M’s pension.

Fortunately, M’s employer agreed with us and finally sent M a notice of the pension freeze in 2011. They also recalculated his pension. M was credited with additional benefits through 2011, which increased his monthly pension by $420.31. As a result of NEPAP’s efforts, M will be receiving $766.96 per month when he retires!

Vermont Woman Can’t Find Pension After Union Office Closes

In early December, a 68 year-old woman living on a modest income in Vermont called the New England Pension Assistance Project after finding our website. She was frustrated because she thought she was entitled to a pension, but had no idea how to find it. She told us that she had belonged to the District 65 Union, and had worked as a machine operator in three union shops in New York for about 15 years ending in the mid-1980s. She only remembered the name of one of her former employers, and she had no documentation except a union card from 1980. She knew that the union office had been on Astor Place in New York City. She knew that it was no longer there, but apart from that, she could not provide us with any information about her possible pension entitlement.

The case was assigned to Renee Summers, one of our counselors. She began to investigate and found that District 65 had become a unit of the United Auto Workers in 1981. After extensive follow-up, she learned that the District 65 UAW Pension Plan had been terminated and that benefits were being paid through a third-party administrator in New Jersey. She then contacted this third-party administrator and found that the client was in their records, and was entitled to a retirement benefit of $225 per month. This benefit will be paid retroactive to her 65th birthday. It is very unlikely that she would have found this money without NEPAP’s assistance. The retroactive lump sum and the ongoing monthly lifetime benefit, with a projected lifetime value of over $60,000, will have a significant impact on our client’s life and on her economic security.

From Zero to Two Pensions – With Help from the New England Pension Assistance Project

David Howell of Hamden, Connecticut, had worked in many different jobs for Stop & Shop from 1964 until 1991. He started work as a parking lot attendant and ended as a manager, so he was surprised to hear from Stop & Shop that, with all those years of work, he was not eligible for a pension. Unable to pursue his claim without experienced help, he called the New England Pension Assistance Project (NEPAP) in early 2011. He had heard about the Project in a 2005 article in the New Haven Register, and had saved the article in case he ever needed help with a pension.

The case was assigned to Pension Counselor Mollie Feeney, who quickly realized that Mr. Howell might have more than one pension, since some of his years with Stop & Shop were in union work, and other years were in management. Among Mr. Howell’s documents, she found a 1985 letter from the Retail Employees Union stating that he may be eligible for a pension when he reached retirement age. Over the years, union pension plans, like corporation plans, can move and merge. Working through the national United Food and Commercial Workers Union, she was able to trace Mr. Howell’s union pension to the Retail Employers Union United Food Pension Plan in Farmington, Connecticut. As a result, Mr. Howell is now receiving a monthly benefit for life.

In the meantime, she had also been investigating the possibility of a separate pension from the management work under the company-sponsored pension plan. The company’s response was that Mr. Howell was not eligible for this pension, since he had only worked in management less than three years, but five years were required for vesting. What the plan had not taken into account, but NEPAP knew, was that a provision in the federal law that governs pensions could change this result. Even though Mr. Howell only had two years of “service credit” under the company-sponsored plan, the plan was required to count all of his Stop & Shop employment for purposes of vesting. We filed a claim with the plan administrator, pointing out this provision of the law and providing proof of the union employment. As a result, the plan agreed that Mr. Howell was vested, and paid him a lump sum pension.

The New England Pension Assistance Project’s advocacy on Mr. Howell’s behalf resulted in his receiving a monthly benefit from his union pension and a lump sum payout for his as a Stop & Shop manager. As Mr. Howell wrote on learning the news, “Thank you for your great service.”

Tangled Webs: Finding Three Payers for One Pension

The New England Assistance Project recently helped a young widow unravel her late husband’s complicated pension situation. Suddenly widowed at the age of 52, she (we’ll call her K) contacted her husband’s past employers. Among them was a Municipal Water Pollution Control Authority, where he had worked for close to 10 years. K knew he had mentioned earning a pension from this job, so she reported his death to this municipality just a few weeks after he died. After two months of frequent trips to the municipality’s main office, she had not obtained a survivor benefit or even the promise of benefit forms.

At that point, K contacted her local United Way help line (211), which recommended she call the New England Pension Assistance Project. Although K’s husband had worked at one location for the municipality for over nine years, the path to his survivor benefit was not that simple. Within one year of starting work with the municipality, the department was privatized. To further complicate things, three years after privatizing the department, the municipality opted to go with a different private water treatment company. In addition, each of the two privatized companies was sold or acquired by other companies.

The municipality had no contacts at each company and did not appear to know that US Filter was no longer in existence and that a new company was now responsible for the pensions. In the end employees were credited with service for all time worked, even though different companies were responsible for paying the benefits. For his nine plus years of credited service, three different entities provided a portion of the benefit. The first six months of his survivor benefit were paid by the municipality.

Benefits for the next three plus years were paid by Veolia Water Systems, the successor company for Profession Service Group, which was the successor company for US Filter. Benefits for the next five plus years were paid by KGI Bridgeport, the successor company to Aquarion.

Overall, this case was quite a tangled web. Once the client began receiving benefits from each correct source, the New England Pension Assistance Project provided the municipality with a list of contact names/addresses and phone numbers so the next retiree or survivor should have an easier path to benefits.