Legal Question in Employment Law in New York

Pension Plan eligibility

I was not included in a pension plan offered to another employee and would like to know if I should have been eligible. I have located the plan at Guardian Life Insurance company, it is a Tax Sheltered Annunity, but I can not get a copy without going through my old employer which I do not want to do. How can I get a copy of the plan so it can be determined if I or others should have been included in the plan? The DOL can not make a determination unless I have a copy of the Plan Document. Can you help or represent me and others who may have been eligible for this plan? Thank you for your response.


Asked on 5/14/07, 11:19 am

1 Answer from Attorneys
Graig Zappia Tully Rinckey PLLC

Re: Pension Plan eligibility

If you engage an attorney, often times the attorney will have the ability to issue a subpoena if he or she is the attorney of record for the proceeding in which your DOL case is pending. The subpoena would then require production of the Pension Plan documents by Guardian. If the insurance company fails to produce the document, they may be held in contempt. I have issued these types of subpoenas when litigating various employment related cases and would welcome the opportunity to discuss this further with you. If you are interested, please email me below. I welcome the chance to discuss your options with you. Thanks again for the question.

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Answered on 5/15/07, 5:17 pm


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