Questions Answered by Michael Bartolic - Justia Legal Answers

• 9 June 2011Q: Workers' Compensation Insurance -deduction from paycheck.
  A: I did a brief amount of research, and according to some consultants, yes, the action is likely lawful. If you do not carry your own Worker's Comp insurance, the employer may treat you as a direct employee for purposes of the Worker's Comp insurance.
• 16 May 2011Q: Can you get your Indiana Carpenters Annuity Fund (not pension), during hard times? We are about to lose our house!
  A: While the Internal Revenue Code does permit, in order to maintain tax-qualified status, some plans to allow for certain hardship distributions (e.g., 401(k) plans), it is unusual for a defined benefit or annuity-type plan to provide for such distributions. If this plan so provides, whether or not you can take the hardship distribution depends on whether you meet the plan's definition of hardship. Plans are not required to offer hardship withdrawals, but if they do the plan can be more restrictive about what is a hardship than otherwise permitted under the Tax Code.
• 16 May 2011Q: My Employer terminated my Health Insurance/Related Benefits after I returned from an unpaid FMLA.
  A: Generally, while on FMLA leave, an employee will either have to continue making insurance premium payments by check, or will retroactively pay the premiums for the period of FMLA leave upon return. It sounds like upon your return, only prospective premium payments began being deducted again. Re-review any election forms your employer provided you and confirm how you elected to continue coverage. It sounds as if your employer is now enforcing salary withholding to pay the past due premiums.
• 16 May 2011Q: My company has filed for bankrupcy turns out they have not payed my benefits package for 6 months what can i due
  A: It depends, in part upon what type of benefits package, and in part whether there was any type of plan termination prior to the bankruptcy. The typical case arises where the employer stops paying health insurance premiums, but retains the employee pay witholdings, or the same with respect to 401(k) type plans. In those cases, the individuals in charge at the employer may have breached a fiduciary duty by mishandling ERISA plan assets. If this is a multi-employer plan, and your employer has to submit contributions to the union plan, the plan will usually sue the employers for delinquent plan contributions.
• 16 May 2011Q: Can you still work after receiving your pension from teamsters 705 with a non union company
  A: The answer to this question truly depends on what the plan document says. Some multi-employer retirement plans require the participant not work in the same industry at all anymore upon commencement of retirement benefits. If the summary plan description does not discuss this, you will need to consult the plan document. You can obtain copies of either from the Plan Administrator.
• 16 May 2011Q: How can I find my mom's pension after a company merger?
  A: Your mom can submit a written request to the Plan Administrator, which is likely Honeywell, requesting various plan documents. Also, every plan must file annual reports with the Department of Labor which provides key information about the employee benefit plan. If she is eligible for retirement or early retirement, she can make a claim for benefits in accordance with the claims procedures outlined in the plan documents (the summary plan description will describe this). Finally, if her pension has disappeared, you should call the Department of Labor Employee Benefit Security Administration or consider getting legal assistance with pursuing a claim for benefits.