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BenefitsLink > Q&A Columns >

Stop, Look & Listen: Railroad Retirement Benefits Q&A

Answers are provided by Robert S. Kaufman

Retired Rail Worker Receives A Private Supplemental Pension From Railroad

(Posted November 30, 2016)

Question 1254: My father is retired from the railroad and receives RRB benefits. He also receives a supplemental pension through his former employer for officers and managers. He was exposed to asbestos, and now he has lung cancer. I told my mother that the railroad cannot change his pension if he files a lawsuit because they owe that money and it's vested, but she is very worried about it. The pension is all she has. Can the railroad stop the supplemental pension if he flies lawsuit?

Answer:

I'm not an expert on Supplemental Pensions Paid By Railroads. Federal Law prevents an employer from reducing or eliminating a pension because the retired employee is has filed suit against the railroad.  I suggest that you consider consulting with an attorney.  The local Bar Association can give you a list of several attorneys in your area.  Most will work for reduced fees or even pro-Bono depending on your father's finances.


Important notice:

Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner or to readers. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of this and similar situations.

The law in this area changes frequently. Answers are believed to be correct as of the posting dates shown. The completeness or accuracy of a particular answer may be affected by changes in the law (statutes, regulations, rulings, court decisions, etc.) that occur after the date on which a particular Q&A is posted.


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