About Michael BartolicMr. Bartolic advises executives and other professionals regarding executive compensation and benefits, and represents them in all ERISA litigation. His practice is devoted exclusively to representing individuals such as executives and directors, managers, brokers, traders, investment advisors, attorneys, physicians, and educators. He helps the professionals obtain and protect the compensation and benefits they have earned through initial negotiation of compensation and benefits, internal administrative claims and appeals, and federal litigation if necessary.
Mr. Bartolic also consults other attorneys on matters involving the Employee Retirement Income Security Act (ERISA). His practice includes advising: personal injury and workers compensation lawyers regarding rights of participants and beneficiaries facing subrogation and reimbursement claims by plans; labor lawyers regarding matters of mixed labor and ERISA law; and domestic relations lawyers regarding rights under defined benefit plans ,supplemental executive retirement plan (“top hat plans”), and other executive compensation.
Mr. Bartolic is actively involved in the American Bar Association Section of Labor and Employment Law Employee Benefits Committee, the Section of Taxation Employee Benefits Committee, and has recently been appointed to the Illinois State Bar Association’s Section Council on Employee Benefits. He has served as a teaching assistant of a graduate level employee benefits law course at the John Marshall Law School.
Directory Practice Areas
- Employment Law
- Insurance Claims
- Social Security Disability/SSI
Additional Practice Areas
- Compensation Clawbacks
- Employee Benefits
- Equity Compensation
- ERISA Litigation
- Executive Compensation
- Group Long Term & Short Term Disability
- Health/Life/AD&D Claims
- Incentive Stock Options
- Non qualified Stock Options
- Qualified Retirement and Pension Plan Claims
- Severance Plans & Parachute Payments
- Supplemental Executive Retirement Plans
- Contingent Fees
- We evaluate each case for eligibility for contingency-fee representation.
- Free Consultation
- Initial telephone consultations are complimentary. Thereafter, if your case is eligible for further review, we charge a small fee for an in-person consultation, not to exceed one hour at our rates, so that if the consultation runs longer than one hour, you only pay for one hour.
- Rates, Retainers and Additional Information
- We offer hybrid billing models, with varying levels of reduced rates coupled with a lower percentage of the recovery.
Jurisdictions Admitted to Practice
|Law Offices of Michael Bartolic, LLC|
|John Marshall Law School||J.D.|
|Honors: magna cum laude|
|University of Illinois - Urbana-Champaign||B.S.||Accounting|
|Honors: with honors|
|Employee Benefits Committee||ABA Section of Labor & Employment Employee Benefits Committee|
|Employee Benefits Committee||ABA Section of Taxation|
|Section Council Member on Employee Benefits||Illinois State Bar Association|
|Employee Benefits Committee||Chicago Bar Association|
|Member, Illinois State Bar|
|Member, American Bar Association|
|Member, Chicago Bar Association|
|Member, Seventh Circuit Bar Association|
- Overall: 212th
- Overall: 6 Answers
Q: 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.
Q: 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.
Q: 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.
Q: 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.
Q: 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.
Q: 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.
WEBSITES & BLOGS
Website: Michael Bartolic's Website Profile
Website: Law Offices of Michael Bartolic, LLC Website
Blog: Illinois ERISA Lawyer Blog
Appellate Court Rules that Employer's Failure to Remit Disability Insurance Premiums Does Not Amount to Benefits Interference Appellate Court Emphasizes the Importance of Conflicts of Interest in Long Term Disability Denial Cases Failing to Disclose Long Term Disability Claim in Bankruptcy Does Not Bar Participant from Recovery Statute of Limitations in Long Term Disability Cases--Did the Supreme Court Get it Right? Long Term Disability Plans Must Consider Your Vocational Qualifications Local 710 Teamsters Pensioners May Be Entitled to Receive Pension While Engaging in Post-Retirement Employment Michael Bartolic Obtains Dismissal of Health Insurance Plan's Claims for Reimbursement Against Client Receiving Long Term Disability Benefits 7th Circuit Reverses Earlier Panel's Opinion and Holds Misleading a Health Insurance Participant About Network Providers Was a Breach of Fiduciary Duty Department of Labor Clarifies Meanings of "Marriage" and "Spouse" in ERISA