• The Fee Is Free™. Only pay if we win.
  • America's Largest Injury Law Firm
  • Protecting Families Since 1988
  • 20 Billion+ Won
  • 1,000+ Lawyers Nationwide

Free Case Evaluation

Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients' needs.
Results may vary depending on your particular facts and legal circumstances.
Our results speak for themselves

The attorneys featured above are licensed in Florida. For a full list of attorneys in your state please visit our attorney page.

Pension Benefits

You paid into your pension for years, but now that it’s time to get those benefits, the company’s gone or your money is nowhere to be found. The Employee Retirement Income Security Act of 1974 (ERISA) was designed to protect you and ensure that you get the money you’re owed.

According to the Pension Rights Center, 22% of workers participate in a pension plan. The Department of Labor states: “If a defined benefit plan is terminated, [ERISA] guarantees payment of certain benefits through a federally chartered corporation known as the Pension Benefit Guaranty Corp.” 

There are multiple reasons you might not get the pension benefits you’re entitled to. 

Types of Funds

A pension plan holds essential retirement funds. You may have a 401(k) or 403(b), and your employer may or may not match the funds you contribute to one of these plans, up to a certain percentage. If you have a 403(b), you likely work for a public employer.

ERISA creates legal standards for the management of retirement funds. If the money is mismanaged, that is often a breach of fiduciary duty.

Fiduciaries and Fiduciary Duty

A fiduciary is a person who takes care of a client’s money or assets. It is a fiduciary’s legal obligation to act in the best interests of the person whose money they have been entrusted to manage. 

Sometimes the fiduciary fails to act in the best interests of the individual in question. A breach of fiduciary duty often means that the entrusted party does not properly inform a participant/beneficiary, which can lead to a number of complications. 

When it comes to pensions, this breach could involve a fiduciary who: 

  • Uses another’s pension fund for their own benefit
  • Acts against the beneficiary’s best interests
  • Receives compensation of some sort from those in charge of the fund’s assets
  • Never examined the pension plan for viability and/or didn’t reevaluate twice per year

If you believe your fiduciary is tapping your pension assets or benefiting from them in some way that is not directly in the service of your best interests, they may be breaking the law. Similarly, problems can arise when a fiduciary shirks their duty and does not carefully examine a pension plan to make sure it benefits the participant and not the employer — whether it’s when they first set up the plan or when they’re meant to check it biannually. 

Your workplace may have hired someone to act in your financial interests when it comes to your pension plan. If that person handles your funds incorrectly or makes a mistake, it’s important to take action to make sure you are compensated for all the pension funds that should be in your possession. 

If a fiduciary was hired to take care of your retirement funds and they didn’t fulfill their duty to you, that’s illegal. 

Postmortem Benefits

While there are pensions that terminate with a person’s death, some do provide financial support to spouses or dependents. These are sometimes called survivor benefits. Of course, it depends on what pension plan the deceased was enrolled in prior to their death.

In addition, if a spouse or parent dies and was paying into a pension, it’s important to ensure that if you are supposed to receive those funds, that payment is not overlooked. 

Scroll down for more

How it works

It's easy to get started.
The Fee Is Free™. Only pay if we win.

Results may vary depending on your particular facts and legal circumstances.

  • Step 1

    Submit
    your claim

    With a free case evaluation, submitting your case is easy with Morgan & Morgan.

  • Step 2

    We take
    action

    Our dedicated team gets to work investigating your claim.

  • Step 3

    We fight
    for you

    If we take on the case, our team fights to get you the results you deserve.

Settlement

$40,000,000

Customer Story

“I was in a difficult situation when I was injured by a faulty product. I was hesitant to seek legal help but with the help of Morgan & Morgan, they made the process easy. They took immediate action and got me the compensation I deserved. I couldn't have done it without them. I highly recommend their services.” Estate of Patricia Allen v. RJ Reynolds, et al. | 2014

Client success
stories that inspire and drive change

Explore over 55,000 5-star reviews and 800 client testimonials to discover why people trust Morgan & Morgan.

Results may vary depending on your particular facts and legal circumstances. Based on Select nationwide reviews

  • Video thumbnail for 5l3q2e67j8
    Wistia video play button
  • Video thumbnail for yfe952tcop
    Wistia video play button
  • Video thumbnail for z1bqwg9hkl
    Wistia video play button
  • Video thumbnail for s5nb3hnvkv
    Wistia video play button
  • Video thumbnail for t4elibxene
    Wistia video play button
  • Video thumbnail for 5nr9efxqj3
    Wistia video play button
  • Video thumbnail for e8s1x6u5jp
    Wistia video play button