Legal Question in Disability Law in New York

Workers comp/ disabled/ pension/company sold

I am disabled from a work accident. Receive ssd/comp. I have applied for my pension and have a problem. The company I worked for was purchased by another. Then they spun off the department where I was employeed (non-active employee/off on comp. I was retained by the the first buyer and not transfered to the other. Reason- they would not accept anyone off on disability as a liability. this is a union shop to boot. This was in 1986. I never new that I did not transfer to the other company, until I enquired about my pension. I called the company, and after several months I called them back and they told me I was not in their employ, and that I stayed with the origional purchaser. OK, I finally get contact with them and after much time I am receiving a pension. Much less then what I would receive had I been transfered when they spun off. I get the years of service, but the multiplier stopped way back, and they are taken a % off due to 55 yo retirement. I am being penalized for being hurt and disabled on the job by this. I should not get any less pension, than I would get had I not been disabled on the job/ or the sin off did not happen. What can I do, and is their possibly discrimination/civil rights violation?? How to proceed.. Thank


Asked on 12/28/06, 7:52 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Workers comp/ disabled/ pension/company sold

If I understand what you are asking, in a nutshell it is whether it is discrimination for you to receive less from your pension plan then you would have if you had not been disabled?

This is an extremely complex area involving not only the ADEA but ERISA

and disability law. I will tell you what I think, but I stress, the only way to really get a complete answer is to bring all the paperwork to an attorney who specializes in employee pension benefits for analysis.

I do not think this constitutes discrimination on facts as you stated them because the reason for the reduced amount is not disability, its the age 55 retirement.

In your facts early retirement is the result of the disability , which lowers the "multiplier." But the only accurate answer is going to come after the paperwork is reviewed.

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Answered on 12/28/06, 9:01 pm


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