QUESTION
Pension plan eligibility retracted after 13 years of employment due to employer's oversight
Asked on Oct 17th, 2012 on Business Law - Illinois
More details to this question:
Hired as PT employee by municipality and was told I was required to join the pension plan. Employer also contributed to plan. After 13 years of contributions, and nearing time for retirement, employer has advised that they made an error in allowing my participation in the plan because I do not work at least 1000 hours in a 12 month period. They will return my contributions, only, and will provide the services of an accountant to assist with the refund so as to reinvest it. Am I entitled to the full investment including the employer's contributions? I was counting on this retirement plan and now it is gone.
1 ANSWER
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1 Award
The terms of the plan determine your eligibility, not what the employer says or promises orally. You are entitled to the return of your erroneous contributions, which it seems you are about to receive. You may have an argument that you should be paid interest on your money that was wrongfully detained. You are not entitled to participate in the plan. These matters should be discussed with an attorney.
Answered on Oct 17th, 2012 at 12:16 PM