2005, First sign of trouble and Plan incompetence
In about 2005 the Plan sent me an apology for; any inconvenience caused by the underpayment of my ex-wife's benefits. It didn’t matter to me; she was totally disabled and sure could use more money. Of course when I realized that the plan had doubled her benefits, and sent her a $25,000 check to go with it, I began to wonder. Her benefits had doubled so my marital support should be lower. Sure enough once in court her new benefit caused my support payments to shrink by $200 per month.
That $200 a month worked out to about a $10,000 over payment. OUCH !! The Plan let me know in no uncertain terms; THAT’S YOUR PROBLEM!! If you are a divorced electrician just think of your chances of getting $10,000 from a totally disabled person with a five year life expectancy. The California family court system does not go there and it is a waste of money to try. If you are divorced keep an eye on the Plan because their sloppy work can cost you big bucks.
And when it comes to your “bucks” they don’t care. So far no one will trade me a cup of coffee for that apology letter let alone buy it for 10K. This law suit is the only chance I have to recover the 10K. And my chances have gotten better since the U. S. Supreme Court allowed total compensation to participants who are victims of Pension Plan error. The case is Cigma Corp v Samara. The court came out with the decision in May of 2011.
At one of our hearings the Plan told the judge; There is no provision for the plan to pay anything other than benefits. Meaning that anything in my complaint that is not about benefits will not be paid by the Plan because it is not in writing that the Plan is responsible. The Trustees must have forgotten that the Pension Trust added all of ERISA in 1984. ERISA (all of it) has been a part of our plan since. If ERISA mandates the Plan pay for its errors (as it does and should) than that mandate is part of our plan in writing.
My point is bigger than this complaint. My point is: HAS ANYONE EVER BEEN MADE AWARE OF ANY ERROR MADE BY OUR TRUSTEES? Is the Plan so sloppy that it needs fixing or just a little sloppy to be put up with. Why would are we putting up with sloppy???
Second Point: WE are a Brotherhood that should be scrupulous in the care of our Members. DID THE TRUSTEES HAVE A BRAIN BURP OR WHAT.
Third Point: Do the trustees even know they have a fiduciary responsibility to each participant in the pension.
I intend to write a series of blogs explaining the eleven other serious errors, committed by the trustee’s, that caused my lowered benefits.
If you are interested in an electrician only facebook group I will gladly give you the name of some one who can admit you. Had I known about this group my blog probably would not exist. It is important for all members of any organization to be heard.
Diplomacy is the art of saying "nice doggie" until finding a rock. Will Rogers
HAPPY NEW YEAR
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