There is a good reason why the 1984 Employee Retirement Income Security Act (ERISA) was established. The ERISA law protects the interests of participants and their beneficiaries in employee benefit plans while also ensuring that whoever manages the plans meet certain standards of conduct. That’s why Seeger Weiss’s ERISA lawyers work tirelessly to make sure that the law is upheld and unions and employers don’t find creative ways to avoid honoring their pension benefit responsibilities by adjusting provisions illegally or commit pension fraud.
The ERISA law, and the subsequent Omnibus Budget Reconciliation Act of 1986, are very clear about what unions and employers can and can’t do: for instance, they can’t change eligibility for those no longer in Covered Employment or absent from work for a short period of time; they can’t freeze benefits for participants over a certain age; and, they can’t deny benefits to a spouse in the event of a divorce—or in the event of a death.
- As a highly respected ERISA law firm, Seeger Weiss, is currently serving as Interim Co-Lead on behalf of 25 Bakery and Confectionery union workers in two ERISA litigation cases. So far, the Court has agreed with us and upheld the central merits issue in the litigation stating that the July 1, 2010 plan amendment eliminating Golden 80 and 90 early retirement benefits eligibility for those no longer in Covered Employment violates ERISA law.
- Formerly, Seeger Weiss ERISA lawyers also served as Lead Counsel representing thousands of active and retired Delta Air Lines pilots nationwide whose pension benefits were being compromised due to new plan amendments and practices. Effort recovered $16 million on behalf of pilots. And our ERISA lawyers also represented tens of thousands of Bell South employees in an ERISA class action that proved breaches in fiduciary duty in how company’s administrator managed their 401K plan.
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