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Technical Tip 65: This Question and Answer taken from the DOL/EBSA website involves the rights of participants who believe that their benefits have been reduced upon a conversion of the employer's defined benefit pension plan to a cash balance plan:
What should I do if I believe my benefits under the old formula have been inappropriately reduced or that my rights have been violated?
DOL Response: You should immediately contact the plan administrator and discuss your concerns. Be sure to review your individual benefit statement or the information used to calculate your benefit to determine if it is correct such as employment date, length of service, and salary.
If your concerns are not adequately addressed, or you still have questions about your situation, you should contact one of our benefit advisors, located in 15 field offices nationwide or contact the EBSA office nearest you.
In addition, employees who believe that they have been subject to discriminatory treatment because of their age, race, color, religion, sex, national origin, or disability may file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC).
More information on federal laws prohibiting employment discrimination.
There are strict time limits for filing such a charge.
More information on filing a charge with EEOC and contacting EEOC field offices.
© 2012 Reish Luftman Reicher & Cohen, a Professional Corporation
Important notice: Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner's situation. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of your situation.
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