Claim for additional benefits PRIOR to Retirement

[Guest]

Why would you "file a claim"? If the benefits have not commenced, then nothing improper has happened. I would suggest that your client contact his employer and discuss your concerns. If that doesn't work, maybe you can talk to the actuary/individual responsible for the calculation.

I find that many of these disputes can be handled by a simple phone call or two.

[Gary]

I have a situation where an individual is planning to retire, effective 7/1/2000. He is having me review his pension now. I feel there may be an error w/r to his pension calculation. However, I am not sure if a claim can be filed for additional benefits prior to the actual commencement of benefits.

Does anyone know how this situation can be handled?

[Guest Jeff Kropp]

Filing a claim to clarify anticipated benefits in advance may be appropriate (and is permitted under ERISA).

Having said that, I agree that you may be able to work out any discrepencies with the plan or its actuary before filing a formal claim.

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