If an employer’s place of business closes due to an influenza pandemic, who should employees or retirees contact to file a claim for pension benefits or ask questions about pension payments?
Category: Workplace Benefits Questions
Sub-Category: Pension Plans/Retirement
Answer:
Every pension plan covered by Employee Retirement Income Security Act (ERISA) (most plans of private sector employers are covered) is required to have a plan administrator. The plan administrator may be the employer (or labor organization) sponsoring the benefit plan or it may be some individual or entity appointed to serve as the plan administrator. Pension plans must provide participants with a Summary Plan Description (SPD) describing the plan rules in plain English. The SPD should also contain information on how to identify and locate the plan administrator, as well as steps to follow in applying for a benefit. Whenever possible, a participant should first try to contact the plan administrator for information on benefits.
A second point of contact may be the employer’s human resource or personnel department. If the plan employer’s place of business is closed and no temporary work quarters have been established, it may not be possible to contact the employer.
However, there may be others who may be of help. These include the plan trustee who holds the plan assets, a mutual fund, insurance company, bank or other financial institution providing services to the plan, a third party who handles the administrative functions of the plan, or the plan accountant. These persons may be identified in plan correspondence or benefit statements sent to employees or retirees, or in the SPD.
If employees or retirees are having great difficulty contacting the plan administrator, the employer or other officials mentioned above, they may reach one of Employee Benefit Security Administration’s (EBSA) benefits advisors at 1-866-444-EBSA (3272), or contact EBSA by email at askebsa@dol.gov.
Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.
Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies. For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information. This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.
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Last Updated: 01/25/2008
