How to Appeal a Pension Settlement
Pension settlements are typically offered by businesses wishing to decrease the amount of money paid to you upon retirement. The pension settlement could propose a lump sum payment in lieu of lifetime payments. If you disagree with the terms of the pension settlement, begin the process of appealing the decision. Carefully review your pension inclusions and exclusions before going through the timely and potentially costly process of appeals.
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Instructions
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File an appeal in writing to the administrator of your pension plan. Use your pension summary of benefits as a guideline in writing your appeal. Include pertinent information such as proposed benefits, eligibility and payment terms. Send the appeal by certified mail to ensure the documentation was received.
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Wait 60 days. You must be notified if your pension appeal is going to take more than 60 days, according to the United States Department of Labor. The agency has 120 days from the date of your appeal to make a decision on your pension settlement.
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Contact an attorney. If your appeal is denied after contacting the pension plan administrator, hire representation to take your case through the justice system.
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Submit your court case to your state’s appellate division. The appellate division employs judges to hear rulings made by trial courts, tax courts and administrative agencies.
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Ask if your pension settlement appeal is eligible for the civil appeals settlement program. Eligible participants have their cases settled without the need for a trial. Arguments from both sides are heard and a judicial decision rendered. If the appellate court hears your case, the judges decide whether the pension settlement can be overturned.
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Tips & Warnings
Certain businesses and governments have their own appellate board to choose whether to overturn a decision. For instance, you have the right to appeal your pension settlement through the Board of Veterans' Appeals run by the Department of Veterans Affairs.
