Is there any way I can claim and receive my pension if there is no record of it?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is there any way I can claim and receive my pension if there is no record of it?

I was vested in a pension plan with a company I was employed with 25 years ago. However, the insurance company that now handles the pension plan has no record of my inclusion in it. A former fellow employee of the company is currently receiving a monthly pension payment.

Asked on December 26, 2011 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Assuming that you are correct and that you vested, the issue comes down to evidence and documentation: can you prove that you vested? Other than the insurance company which now handles the pension, other possible sources of documentation include your own files and the files of your then employer, your employer's accountant, and whatever insurer or servicer handled the plan previously (if different from the current company). If these entities will not voluntarily provide documentation, you can try filing a law suit against the insurer, seeking a declaratory judgment that you are covered, and in the process, you will gain access to a variety of legal tools (supoenas, notices to produce, interrogatories) to get information.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption