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THE GUARDIAN
216-208-5072 TITTLELAWFIRM.COM
SEPTEMBER 2023
WHEN PENSION PLANS FAIL How to Reclaim Your Benefits
You’ve worked hard and saved your money for most of your adult life into a retirement account or pension plan. You’ve been paying into this account for years, all with the belief that, come retirement day, the funds will be there to support you and your spouse.
3. It enforces that plan
administrators provide a complete response to any inquiries about
eligibility or benefits from the participant regarding their plan. 4. It gives participants the right to sue for benefits and breaches of said fiduciary duty. So, even if the time comes and your pension benefits are missing or incorrect, don’t panic — you have a method of recourse under ERISA! Sometimes, though, it can be hard to know when an administrator is improperly managing your plan, especially while you’re still working. This is because the statements you receive are complicated to reverse engineer and determine the exact breakdown, so it isn’t until retirement that many people find out administrators mismanaged their funds. You can, however, look out for a few “red flags” along the way that may signal your pension benefits are being misused. The Department of Labor has provided its top 10 pension-death warning signs, so if you run into any of these issues, I recommend calling a lawyer or your plan sponsor to inquire about your pension. TOP 10 PENSION PLAN RED FLAGS TO LOOK OUT FOR 1. Your account statement is continually late or comes at irregular times. 2. Your account balance does not seem accurate to what you thought it should be. 3. Your employer fails to send your contribution to the plan in a timely manner.
4. There is a significant drop in your account balance that normal market ups and downs cannot explain. 5. Your account statement shows that your employer did not take or send the contribution from your paycheck. 6. There are investments listed on your statement you did not authorize. 7. Former employees have issues getting their benefits paid on time or in the correct amounts. 8. You see any unusual transactions, such as a loan to the employer, a corporate officer, or one of the plan trustees. 9. There are frequent and unexplained changes in investment managers or consultants. 10. Your employer has recently experienced severe financial challenges. Having one (or more) of these red flags doesn’t guarantee your plan is at risk; however, it is a sign you should do some investigating to ensure everything is in order. If you do suspect something is awry with your pension plan or aren’t receiving all (or any!) of the benefits you worked so hard for, I’d love to help you exercise your rights under
But what if they’re not?
While this situation may sound crazy, it does happen. In fact, I take on pension benefits claims quite frequently. The reasons people don’t always receive the pension benefits they’re entitled to vary, but what’s most unfortunate (and common) is that many folks don’t realize their benefits are nowhere to be found until it’s time to retire. As you can imagine, retiring only to discover the money you’ve been saving for your entire adult life to support you is gone is a terrifying experience. Luckily, the government created The Employee Retirement Income Security Act of 1974, or ERISA, to help protect you and ensure you receive the money you deserve. WHAT IS ERISA? In short, ERISA is a federal law that governs all employee benefits plans, including health insurance, life insurance, pension plans, and any other employee benefits you might have. This act also does four key things. 1. It enforces that pension plans and other benefits must be administered per the plan documents, which outline explicit agreed- upon rules. 2. It enforces that the entity responsible for administering the plan has to look out for the participant’s best interest, called their “fiduciary duty.”
ERISA. You can always reach me by calling 216-208-5072 for a FREE case review.
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22 YEARS LATER … A Tribute to Our Country’s Bravest
This month marks 22 years since the tragic events of 9/11, which remain etched in many of our memories forever. Two decades later, most Americans born before 1997 can tell you where or what they were doing when they heard of the attack. The attacks against the World Trade Center, the Pentagon, and Flight 93 claimed thousands of innocent American lives, making it the deadliest terror attack in human history. But in the face of tragedy, loss, and unthinkable hardship, our nation united in strength and resilience. Paramount to our resilience were the first responders who fearlessly jumped into action that day and the following eight months of cleanup and recovery. Firefighters, police officers, paramedics, and many others worked tirelessly for 24 hours a day while risking their lives to provide critical first aid and locate and rescue survivors. Their heroic actions showed the rest of us what makes our country so great, even in the darkest of times.
But we should not forget that many of these first responders also lost their lives that day, and others continue to suffer from emotional and physical trauma, including a 41% higher risk of leukemia and a 219% increased risk of thyroid cancer, according to the Mount Sinai Health System. Many first responders suffer from other chronic illnesses, too, all from exposure to toxic substances at ground zero. So, as we all live through another September, we’d like to encourage you to remember the lives we lost and those who are now forever changed by 9/11. And at Tittle & Perlmuter, we’d like to honor first responders’ courage, selflessness, and dedication and offer a personal thank-you from our team. We appreciate everything you do to keep our communities safe. Whether you take a moment of silence this month, attend a memorial service, or perform an act of kindness for first responders in your neighborhood, let us all ensure the sacrifices of those heroes 22 years ago are never forgotten and that their courageousness lives on!
Housewares stores are currently full of cute autumn decor, but the cost of refreshing your house’s look each season adds up quickly. Fortunately, you can do a lot for less. Many DIY crafts are not as complicated as you might think. In addition to saving money, you’ll create personalized charm none of your neighbors can match. REPURPOSE YOUR PUMPKINS. Small gourds are incredibly versatile. Just sprinkling a few around your dining room table or mantle makes it feel like fall. But you can quickly elevate them using metallic paint to add cute designs, phrases, or names. Another option is to wrap seasonal fabric around them like a pouch, gathered at the stem. If you feel more ambitious, you can also use pumpkins to make succulent planters. Cut a crater in the top of the pumpkin, pop in the succulent and soil, and press the dirt until snug. LIGHT UP THE NIGHT. The soft glow of a lantern or candle is the perfect way to get the cozy vibes started. Instead of succulents in the top of your pumpkin, you can GET YOUR HOME FALL-READY Simple, Affordable DIY Projects You’ll Love
set wax and a candle wick to create something unique. If you’re bored with pumpkins, try the same with acorn caps. An even simpler idea involves glazing real or fabric leaves on the outside of mason jars with craft glue. Then add decorative stones and a wax or battery- operated tealight for a seasonal twinkle.
DECORATE YOUR DOOR. Wreaths are a DIY staple for several reasons. They’re easy for beginners to make and can set the tone for your home by offering visitors an autumnal focal point. You can buy a variety of starter wreaths at the craft store, so find one that suits your taste. Then pick up other supplies like
leaves, pine cones, dried corn, and ribbon. Now you’re ready to hot glue to your heart’s content and create something distinctive.
If you need further ideas, look closer the next time you shop. Many of the fun fall items for sale
aren’t very difficult to make yourself with a few minor adjustments and a little creativity.
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TAKE A BREAK
DOUGHNUTS, DISABILITY, AND DISCOURSE Tune in to ‘The Triple D Podcast’! Do you like listening to podcasts? Or are you looking for something fun yet informative to listen to as you take a walk, drive, or work? Then we recommend “The Triple D Podcast”! This podcast is created and hosted by Michael Liner from Liner Legal, a Cleveland law firm that focuses on disability cases, including Social Security Disability, deaf discrimination, and long-term disability cases. Michael Liner is also one of Allen’s best friends! Allen was recently a guest on “The Triple D Podcast.” In this episode, Michael and Allen sit down at Roasted, a coffee shop in Tremont, to talk about Allen’s journey opening his own legal practice and his passion for helping those who have suffered from a catastrophic injury. The two also take an in-depth look into the team at Tittle & Perlmuter and the lessons Allen has learned running our growing practice. And no podcast is complete without a bit of discourse! “Triple D” in the name of Michael’s podcast actually stands for Doughnuts, Disability, and Discourse, and in each episode, he makes sure to hit on all three topics with his guest — including doughnuts. When it comes to doughnut time at the end of the episode, Michael and his guest share a specialty doughnut and give their review of the pastry. Michael and his guests have tried everything from cherry to chocolate cake batter and blueberry! In Allen’s episode, the two share an apple fritter from the West Side Market. If you didn’t know, doughnuts are Michael and Allen’s specialty because they’re actually MCs of Sandusky’s Donut Fest every year, which Allen’s own brother organizes! So, if you’d like to check out Allen’s episode on “The Triple D Podcast” and hear what Allen thinks of that apple fritter, you can find it by searching for “The Triple D Podcast Allen Tittle” on YouTube or Apple Podcasts! And, if you ever need a disability lawyer who will fight hard for you to receive the justice and benefits you deserve, we highly recommend Liner Legal. You can check out their website at LinerLegal.com for more information.
ASTER BLUEBERRIES CITIZENSHIP GRANDPARENTS
HOMEWORK LABOR LEAVES MOONSTONE
PREPARE SCHOOL
VIRGO WINDY
HONEY-PECAN CHICKEN BREASTS
Inspired by TasteOfHome.com
With summer over and fall here, pecan and honey reign supreme in this sweet chicken recipe. The honey provides a perfect caramelization while pecans pack on the crunch factor!
INGREDIENTS:
•
2 6-oz boneless, skinless chicken breast halves
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1/8 tsp cayenne pepper
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1 tbsp butter
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1/4 tsp salt
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3 tbsp honey
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1/4 tsp garlic powder
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2 tbsp finely chopped pecans
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1/8 tsp black pepper
DIRECTIONS:
1. Pound chicken with a meat mallet to 1/2-inch thickness. Sprinkle with salt, garlic powder, black pepper, and cayenne pepper. 2. In a large nonstick skillet, heat butter over medium heat; brown chicken on both sides. Cook covered until chicken is no longer pink, about 6–8 minutes, turning once. 3. Drizzle with honey and sprinkle with pecans. Cook covered until chicken is glazed, about 2–3 minutes.
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INSIDE
1. Are Your Pension Benefits Safe?
2. A Special Thank-You to 9/11 First Responders
Simple, Affordable DIY Projects You’ll Love
3. ‘The Triple D Podcast’: Allen Tittle’s Epic Episode!
Honey-Pecan Chicken Breasts
4. Unpaid Pensions Reclaimed: Our Landmark Lawsuit
OUR CLASS-ACTION LAWSUIT RECOVERED PENSION BENEFITS FOR FORGOTTEN EMPLOYEES
Believe it or not, just because you’ve been paying into a pension plan doesn’t mean it will always pay out how you expect it to when it’s time to retire. We recently won a class-action pension benefits case involving our client, whom we’ll call Harold for privacy’s sake. Harold worked for a company in the 1980s and contributed to his pension during his time there. Many of Harold’s coworkers also left this company around the same time or shortly after, thanks to natural attrition. The company later went bankrupt and was bought out. One day, Harold caught up with one of his buddies from his old job, and his friend informed him that he was having problems receiving his pension benefits from the company. Harold had forgotten entirely about his pension plan from the 1980s and realized he hadn’t been receiving any of his benefits, either. So, Harold called the company that had bought his old employer to
ask about his benefits. The company told him they had no record of him ever working for his previous employer. That’s when Harold contacted us, and we immediately got to work. Pension plans are guaranteed forever , even if a company goes under or another buys them out. Or, in this case, both. That money is actually (or should be) set aside in a separate trust, so regardless of whether or not the original employer exists, any employee who paid into their plan should receive their benefits. Through our process of pursuing the claim, we found that there were 30–40 other previous employees who were owed benefits ranging from $10,000 to $100,000 or more. Unfortunately, many of these employees had passed without ever receiving a penny.
either completely forgot about or missed in purchasing Harold’s previous employer. Ultimately, our case forced this new company to pay out the pension benefits to all the employees who fairly accrued them so long ago.
We also found these funds were simply sitting untouched in an account the new company
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