To receive benefits, you must first file a claim, which is simply a form saying you want to begin to receive payment. Information about how to do this must be included in the summary plan description, which you are entitled to receive within thirty days of requesting it.
You are also entitled to receive a statement of your personal benefit account, which explains what is in your account and how vested you are. If, for any reason, information about the filing of a claim has not been provided, you may give notice that you have a claim by writing to an officer of your employer, the unit where claims are normally filed, or the plan administrator.
Within ninety days after you have filed a claim for benefits, your plan must tell you whether or not you will receive the benefits. If your claim is denied, the plan administrator must notify you in writing and explain in detail why it was denied. If you receive no answer after ninety days—or 180 days if an extension of time was needed— the claim is considered a denial and you can use the plan’s rules for appealing the denial.
Employee Retirement Income Security Act (ERISA) guarantees that pension rights cannot be unfairly decided or taken away from you. Under ERISA, your plan must provide for survivors—such as spouses—by allowing you to choose to receive survivor benefits or to select high benefits for yourself that end at your death. The Retirement Equity Act requires that your spouse sign a written consent if he or she agrees to waive survivor benefits.
If you are denied benefits, your plan must give you the reason for denial in writing and in a manner you can understand. It also must give you a reasonable opportunity for a fair and full review of the decision by the plan trustees. You have at least sixty days (the plan may provide you with more time) in which to request a review (instructions for how to request it will be in the plan summary).
ERISA prohibits employers from firing employees to avoid paying a pension. If this happens to you, get an attorney and file a case in federal court.
If you have problems receiving payments from your plan, starting payments, or understanding your benefits, talk to your plan administrator. If you are unable to get problems resolved, contact the Department of Labor at www.dol.gov or 866-4-USA-DOL. You are entitled to seek legal representation to assist you with any problems you encounter.
