Legal Question in Employment Law in Florida

Re: Take away Pension as Disciplinary action

I wouldn't see anything unlawful about them deciding not to make THEIR contributions, but I would doubt that the plan would permit them to restrict you from contributing. Bottom line is that the plan is a contract that spells out what they can and can't do, so you should request a copy of the Summary Plan Description as well as the Plan itself (which will be very long). They are required by law to provide you with a copy (for which may have to pay copying fees).

Re: Take away Pension as Disciplinary action

Besides consulting the Summary Plan Description (SPD) to determine when the employer may withhold contributions (personally, I have never heard of a case as you describe), you can call the US Department of Labor for advise. Ask to speak with a technical advisor who deals with ERISA and pensions.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

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http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.