ERISA

The Employee Retirement Income Security Act of 1974 (ERISA) is a Federal law governing the employee benefit plans of private companies. The types of benefit plans covered include health-care and health-insurance plans, pension plans, and other retirement plans. ERISA does not require companies to provide these benefit plans, but if a company chooses to provide a plan, ERISA establishes rules that must be met. For example, it requires companies to provide employees with certain information about their plans; it sets minimum standards to determine who may participate in a plan and what benefits must be paid; it places a duty on companies to manage benefit plans in the best interests of their employees; and it guarantees payment of certain minimum benefits to employees if a company’s plan is terminated.

ERISA allows employees to bring civil lawsuits to enforce their employee benefit plans. If you are a participant or a beneficiary of an employee benefit plan, you may be able to sue to obtain or recover benefits, clarify your rights to future benefits, get access to plan documents that you have requested in writing, or stop your employer from violating the terms of the plan.

Some examples of ERISA violations are:

1. Your employer has refused to pay medical expenses for you or your family, and these expenses are supposed to be covered under your benefit plan.
2. You are retired, and your pension plan, or other retirement plan, is not paying you the proper amount of income.
3. You were fired so that your employer could avoid paying you benefits to which you were about to become entitled under your benefit plan.
4. You have not been provided with information about your employer’s benefit plan, even though you have requested it in writing.
5. You have tried to exercise your rights under your benefit plan, and your employer has taken action against you, such as suspension, termination, threats or warnings, or other harassment.

Nichols Kaster, PLLP has litigation experience in many types of cases, including ERISA violations. If you think you may become involved in litigation with your employer, feel free to contact us.