Legal Question in Employment Law in New York

retirement plan arrears

is there any law,code or regulation regarding violations or retribution when a county govt employer contracts with a state retirement system for employee retirement benefits and the employer fails to notify the county employee and the state retirement system for 3 1/2 years that the employee's enrollment was mandatory? the employer had been posession of the documents indicating mandatory enrollment since 8/02 but claimed they had been misplaced and just recently found thus resulting in the delinquent enrollment. the employer also tells the employee that enrollment is retroactive back to 8/02 and the responsibility of all accrued arrears, penalties and interest will rest solely on the employee. the employee also works part-time for a village, due to the mandatory enrollment through the county their part-time status is now negated and the employee will be held accountable for all arrears, penalties and interest that has accrued there as well. is there any recourse for the employee? could the county employer somehow be held accountable for all arrears, penalties and interest since they were not only in posession of these documents for more than 3 years but negligent in their safequard and timely submission to the retirement system


Asked on 4/05/06, 12:40 pm

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

Re: retirement plan arrears

This whole area of law is governed by the federal ERISA laws and, although it would take research to specifically answer your question,

there is definitely a possibility that your employer could indeed be responsible for some or all of the amounts they are telling you are your responsibility.

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Answered on 4/05/06, 4:24 pm


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