Law Office of Mike Forni - ERISA Litigation

What is ERISA?

The Employee Retirement Income Security Act ("ERISA") was signed into law by
President Ford on Labor Day of 1974. The primary purpose of ERISA was to reduce the
abuses in the administration and operation of pension and benefit plans and to provide a
uniform set of regulations. There are two groups of plans governed by ERISA: (1)
"Pension Plans" (such as, 401(k) Plans, Profit Sharing Plans, ESOPs, Defined Benefit
Plans,Top Hat Plans, and some Severance Plans); and (2) "Welfare Benefit Plans"
(such as, Group Health Plans, Life Insurance Plans, and Long Term Disability Plans).

If you have an ERISA dispute, when should you consult with an attorney?

Immediately. If you are involved in an ERISA dispute, you should consult with an
attorney as soon as possible. Why? Because the rules governing ERISA disputes are
very complex and you may have only one opportunity to raise certain legal arguments.
In other words, you may be barred from presenting additional evidence at trial if you
don't present this information before you file a lawsuit. In addition, ERISA (in most
cases) requires that you exhaust your administrative remedies before you file a lawsuit.
This mandates that you try to settle your dispute before you file a lawsuit. This is a very
critical part of your case because you are building your "administrative record." If you
cannot settle your dispute, and you subsequently file a lawsuit, the court will be primarily
concerned with your "administrative record" and the information that you provided to the
Plan Administrator before you filed your lawsuit. We can help build your administrative
record. Please Contact U s immediately if you would like us to assist you in your case.

What are some unique features of ERISA litigation?

There are several unique features to ERISA litigation. First, ERISA lawsuits are
prosecuted in federal courts. State courts do not have jurisdiction over ERISA disputes
and cannot render a binding decision or judgment. Second, your case will more than
likely by a "Bench Trial." In other words, a "Judge", and not a jury, will more than likely
hear your case. Third, the Secretary of Labor and the Secretary of Treasury are
required to be notified each time an ERISA lawsuit is filed. Fourth, plaintiffs are not
entitled to punitive damages under ERISA; however, you may recover attorneys fees if
you prevail. Finally, as discussed above, you are required to exhaust your
administrative remedies (in most cases) before you file a lawsuit, which means you must
try to resolve your dispute (before filing a lawsuit).

What rights do you have under ERISA?

Participant's Rights. If you are a participant of an ERISA plan, you have several rights
under ERISA. For example, you are entitled to receive a copy (upon written request) of
the Plan Document, the Summary Plan Description ("SPD"), and the latest annual report.
The Plan Administrator is also required to send you a Summary of Material Modification
or updated SPD if the plan document is amended or has changed. If you are eligible to
receive a distribution, the Plan Administrator is required to provide you with a notice of
your distribution options and related tax consequences for each distribution. If you are
unable to obtain these documents from your employer, please Contact Us and we can
assist you. You should also be aware that the Plan Administrator could be subject to a
penalty of $110 per day if the Plan Administrator fails to provide these documents (after
written request) in a timely manner (after the expiration of 30 days).

You are also have the right to file a lawsuit after you have exhausted your administrative
remedies. In some cases, you are not required to exhaust your administrative remedies,
however, you should consult with an attorney before taking this legal position.

Contact Us. If you would like us to review your case, please Contact Us.








					This website was designed and is administered by Mike Forni. All questions regarding the contents of this website should be forwarded to mikeforni@erisa-litigation.com. All Copyrights Reserved 2004. "WARNING" - This website provides only general information for reference purposes only, and should not be relied on any respect. Visitors should consult with legal counsel in order to assure a thorough and proper application of the complex rules that are highlighted here are properly applied to your case.