Is there any way I can claim and receive my pension if there is no record of it?
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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 12 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.
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