If it has been 13 years since I retired but I now want to make a claim to recover funds as a result of underpayment of my retirement benefits, is it too late?

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If it has been 13 years since I retired but I now want to make a claim to recover funds as a result of underpayment of my retirement benefits, is it too late?

I worked for 27 years and retired under the defined benefit contributory

pension plan. Upon exit I was told that I would not be credited for 7 years of my total service time due to a question of my employment status as a

permanent employee and the date that became effective. The only document in my personnel file that indicated that I was a permanent employee was 7 years after the fact. I was also told that it was my responsibility to inform the main office of my change in status. As a result, my monthly benefits were significantly lower than I anticipated but I was so disgusted, that I went ahead and retired. It has been difficult to swallow this treatment from a company that I devoted 27 years of my life but it is not fair to my family to allow this to continue. I only want what I believe is owed to me. Is it too late to sue for recovery of miscalculated funds for all those years? I am prepared to go the distance if it is within my legal right. Is it?

Asked on February 27, 2017 under Employment Labor Law

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, after 13 years, it is almost certainly too late to bring a legal action. There are are cases to the effect that even 7 years later is too late to bring a lawsuit for a pension miscalculation; after all this time, your claim would appear to be barred by the statute of limitions.


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