- Report: #776250
Complaint Review: Grand Valley State University - Allendale Michigan
Reported By:
Together we stand -
Lansing, Michigan, United States of America
Submitted:
Updated:
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Author Not Confirmed
Why?
Grand Valley State University
1Campus Drive Allendale, 49401 Michigan, United States of America
Phone:
(616) 331-2215
Web:
www.gvsu.edu
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Grand Valley State University GVSU illegally holding my pension after termination; Insist that I say I am voluntarily retiring. Allendale, Michigan
I was terminated (on 3-10-10) from Grand Valley State University in Allendale Michigan amidst a slip and fall on their premises on 2-24-10. I became eligible for my pension in April of 2010.
I applied for my pension under their Defined Benefit Plan at that time only to be refused because GVSU wanted me to say that I am voluntarily retiring not terminated as I had been.
I sent in several request over the last year and a half to no avail. GVSU keep sending me new applications everytime I request my pension. GVSU also told me that they are not set up for retroactive pay.
Because it is illegal to withhold pension benefits I endeavor to sue GVSU under ERISA for wrongfully suspending my pension pursuant to Summary Plan Agreement and I want punitive damages for Breach of Contract, Breach of Trust, Breach of Fiduciary Duty as well as retroactive pay as it is now September 13, 2011.
I should not have to continue to request my pension, fill out numerous applications and yet not receive it. This is a public university that is receiving public money. This is unethical.
I applied for my pension under their Defined Benefit Plan at that time only to be refused because GVSU wanted me to say that I am voluntarily retiring not terminated as I had been.
I sent in several request over the last year and a half to no avail. GVSU keep sending me new applications everytime I request my pension. GVSU also told me that they are not set up for retroactive pay.
Because it is illegal to withhold pension benefits I endeavor to sue GVSU under ERISA for wrongfully suspending my pension pursuant to Summary Plan Agreement and I want punitive damages for Breach of Contract, Breach of Trust, Breach of Fiduciary Duty as well as retroactive pay as it is now September 13, 2011.
I should not have to continue to request my pension, fill out numerous applications and yet not receive it. This is a public university that is receiving public money. This is unethical.
2 Updates & Rebuttals
Ken
Greeley,Colorado,
USA
According to the information Jim has provided, it appears
#2Consumer Comment
Wed, September 14, 2011
you are repeatedly shooting yourself in the foot. You really should look into what he has taken the time to post for you...good luck.
Jim
Anaheim,California,
U.S.A.
That Is Not Correct....
#3Consumer Comment
Wed, September 14, 2011
I saw this earlier in the day. I think the thing that bothered me the most was that you had a slip and fall and in less than 3 weeks, you were terminated?? Interesting....
Under the ERISA of 1974, if you are terminated, you are only allowed to take the Defined Contribution portion of your pension, but not your Defined Benefit Plan until you qualify for retirement. That is why your Pension Trust is coming back to you and telling you that in order to qualify to receive the DB portion of your pension, you must indicate you are retiring early. If you choose to indicate you were terminated, you are NOT allowed to take your DB portion of your pension until your actual retirement age. Those are ERISA 1974 rules.
The rest of the stuff (retroactive pay and the like) are things most Pension Trusts would not be capable of handling; the only things they generally handle are pension and your health coverage (generally speaking - sometimes there is a separate Health Trust...I don't know how your Trusts are organized). You may get a large distribution from your Pension Trust to the present once they sort everything out, but not in the form of pay (pension is not a paycheck - it is your retirement). I personally would not accept a lump-sum distribution unless I fully understood the income tax consequences of doing so. Some states tax pension costs at 100% and some states don't tax pension benefits at all.
Are they withholding your pension? Not yet from what you've indicated so far. They don't seem to be too competent though, which is not unusual from my experience with ERISA pension trusts. You would do well to visit your Trust and figure out what the problem is. That would be far easier than sorting this out in court because that is a losing proposition for you and for the trust.
