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?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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.

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