IBEW LOCAL 332 Pension Trust A Trustee Errors

Back to the IBEW LOCAL 332 Summary Plan Document.

WHAT ARE MY RIGHTS? Page 9-10

9. “This claim and appeal procedure shall apply to and shall include any and every claim or right asserted under or against the Pension Plan, regardless of when the act or omission upon which the claim is based is denied.”

COMMENT: If this procedure is for every kind of claim and appeal: How could any claim be denied without a right to appeal? My appeal was denied. Therefore they did not have to look me in the face and listen to all the errors for which they are responsible.

PLAN BENEFITS Page 10-11

“Past Credited Service” means credit earned during the 10-year period of employment preceding January 1, 1972. Benefits will be credited on the following basis:
Hours worked in a calendar year: Yearly Credit: Retirement after 1/1/85.


Comment: There was never an accounting of my pension. My ex got $37 per year for past credit in her accounting document. The plan has not disclosed how my pension was divided. Perhaps their formula was $37 for her and minus $17 for him. (Do to my twenty years plus of service, the past service benefit doubled to $20.) I do know they did not allow me a full benefit so they had to deduct somewhere.

“What happens upon dissolution of marriage? Page 16

If your marriage ends you and your wife may wish to divide your pension benefits as
part of your marital property settlement. If your former spouse is to receive
any part of your pension, you must obtain a court order which meets certain
legal requirements. The Plan will assist you and/or your legal counsel in
preparing the necessary order. Details are available from the Plan
Administrator.”


Comment:
The Plan did more than assist! It authored the whole domestic relations order and refused to change the incorrect parts that were pointed out by my lawyer. (My lawyer was in charge of the legal construction of the IBEW Local 332 pension plan in 1972, he is experienced.) The Plan’s DRO was proven wrong by the California Superior Court. The trustees think it is all my fault, reminds me of the three monkeys: See no Error (My written request for reimbursement and its appeal), Hear no error: (Don’t allow a face to face hearing as required) Speak no error: ( The trustees have their mouth-piece Kraw and Kraw for that.)


Another error by the Plan was qualifying the DRO they had constructed. After all it is up to the Plan to qualify (an ERISA mandate they denied in court) or send back any DRO they receive.

No wonder they spend over $23,000 per year for seminars and $91,562 in legal expenses.

"If you're ridding ahead of the herd, take a look back every now and then to make sure its still there." Will Rogers

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