Legal Question in Family Law in California
Getting A Supena
I need to supena a benifit manual form local 12 Operating Engineers Union. I need to show how medical benifits are deducted/paid out by my ex-husband. I believe his benifits package is included in his hourly rate. Ex. If he make $50.00/hr $32.00/hr=wages $18.00/hr=benifits which include health and welfare/pension/supplemental dues/ect. he is saying he pays this out on deduction. I want to prove that he doesn't have the option to opt out of his benifits and collect more wages. That it's part of his union package wheather he uses it or not. Please let me know what to do or if it is even worth trying? Thank you Karen Pray
3 Answers from Attorneys
Re: Getting A Supena
This sounds like a matter governed by a federal law called "ERISA". If ERISA covers it, and it almost surely does, any State law relating to disclosure of benefit information (other than a state insurance law) is preempted (meaning it does not apply). Since you are a covered, or a potentially covered, person under the plan, you have right to make an "ERISA information request" in writing. This must be sent to the plan administrator. If you don't know who it is, you send it to the company's HR dept./official and ask that it be forwarded.
If you send them a proper request, they will have 30 days to provide all the written information. They can charge you for copying up to 25 cents per page, but most employers don't. If they don't provide it within 30 days, they could be liable to you for up to $110 per day for each day they are late.
ERISA is my long-time major area of concentration. If you would like assistance preparing a proper ERISA request, please e-mail me at [email protected].
Re: Getting A Supena
By the way, if this is a "Taft Hartley" plan (a plan established and maintained by the union), you would file the request with the union's plan administrator, not the employer's. If it is a "union negotiated plan" (a plan established by the employer under it's agreement with the union), you go to the company.
I urge you to contact me to put together a proper ERISA information request. A subpoena is not the way to go here unless you are actually in litigation. You cannot sue a federal ERISA plan until you have "exhausted administrative remedies" under the plan.
Reply: Getting A Supena
You need to issue and serve a subpoena for the records. If you are a self represented person, you can use a qualified Paralegal Assistant to prepare the paperwork and explain it to you.
You will find some valuable information on our Paralegal Support Services as well as various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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