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State and Federal Personnel Laws in New York - Buffalo, NY July 25 - 26, 2002

Privacy In The Workplace - Erie Institute of Law's Seventh Annual Labor & Employment Symposium, March 23, 2002

This case involved a client who had accepted an early retirement offer and moved to Florida so he could continue working while collecting his pension benefits. However, in January of 2001, the Plan was amended to expand the definition of "disqualifying employment". Due to the Plan amendment, this client's benefits were suspended because his employment disqualified him from receiving his pension benefits. Subsequently, in June of 2004, the United States Supreme Court held that such an amendment was a violation of ERISA's anti-cutback provisions and held such amendments to be unlawful. Following this decision, the Plan allowed this client to apply for resumption of his benefits, however, the Plan refused to compensate the client for the benefits suspended through June of 2004 (the date of the Supreme Court's decision). This client contacted our firm and Christen Archer Pierrot was able to secure and recover the client's unlawfully suspended benefits for him without ever commencing formal litigation.

If you, or someone you know, is a retiree of the New York State Teamsters Conference Pension and Retirement Fund, and who – at the time of retirement – was qualified to continue working and receiving pension benefits and had your benefits suspended as a result of a January, 2001 amendment to the Plan, you may also be entitled to recover those suspended benefits, together with interest. Our firm has significant experience in handling these matters. Contact us immediately to see if we can be of assistance to you.

--Christen Archer Pierrot

Central Laborers’ Pension Fund v. Heinz, 541 U.S. 739, 124 S. Ct. 2230, 159 L. Ed. 2d 46 (U.S. 2004)