Carla N. McKain’s Answers

Carla N. McKain

Ithaca Employee Benefits Lawyer.

Contributor Level 7
  1. Is it illegal for an employer to retroactively cancel an employee's health insurance?

    Answered over 2 years ago.

    1. Carla N. McKain
    2. Vincent Peter White
    3. George Ellis Corson IV
    4. Charles Joseph Michael Candiano
    4 lawyer answers

    I do not believe he can retroactively cancel your coverage, unless you committed fraud. The new law (Patient Protection and Affordable Care Act) prohibits such cancellation unless the employee committed fraud in applying or providing information on his/her forms. Request the policy and the summary plan description from your employer to see the terms of cancellation on your plan. But I also agree with the other answer above that you should be allowed to continue coverage under COBRA rules.

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  2. What is a qudro? and am I entitled to pension?

    Answered about 2 years ago.

    1. Carla N. McKain
    2. Mary Katherine Brown
    2 lawyer answers

    ERISA governs the division of retirement benefits because of divorce, and that must be done through a QDRO, a very specific type of document. It does not matter what the divorce order says if you never got the terms in a QDRO, which has to be approved by the retirement plan administrator to be official. You need an attorney who understands ERISA and how to draft QDROs. It is not necessarily too late to do, but the benefits you can receive BEFORE he retires are much better than those you could...

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  3. How long can my former employer hold onto my 401(k)? What rights do I have?

    Answered about 2 years ago.

    1. Carla N. McKain
    1 lawyer answer

    They have to roll over your balance if that's what you want to do. Did you request the forms to do so? This might be done without any action on the part of your employer, but directly through the investment company, if that is where your funds are. Have you asked in writing? I think a letter from an attorney on letterhead would get you some action. I suggest an attorney that practices in the area of ERISA. let me know if I can help.

    3 lawyers agreed with this answer

  4. HUSBAND GETS COMPANY PENSION, THEY WILL START DEDUCTING SOCIAL SECURITY OFFSET AS SOON AS HUSBAND STARTS RECEIVING S.S. CHECKS

    Answered about 2 years ago.

    1. Carla N. McKain
    2. Robert C. Alston
    2 lawyer answers

    Request the "plan document" and "summary plan description" from the employer. They MUST provide this to you within 30 days of a written request, or there are penalties. This document will say whether they can offset SS. If it doesn't say that can do that, then they can't and are in violation of their plan. All this falls under ERISA, which (if they violated their plan language) would allow you to sue for benefits owed.

    4 lawyers agreed with this answer

  5. I have worked for one company for the last 20 years. I am now on LTD but have never seen a LTD policy to review.

    Answered about 2 years ago.

    1. Edward Clement Sweeney
    2. Carla N. McKain
    3. Timothy Patrick Brennan
    4. Gregory George Paul
    5. Alan C. Olson
    5 lawyer answers

    The penalty is $110 per day starting with the 31st day after your written request. It is not easy to get this penalty, however. Start a paper trail with a certified letter (return receipt), then follow up frequently after that if you don't get it. They may just give you the summary plan description (SPD) but they are required to give you the "plan document" as well if you request it. That document trumps the SPD if they differ.

    2 lawyers agreed with this answer

  6. Can I take (Close) my 401K in Massachusetts (w/Taxes, Penalties etc;) While out of work and collecting Workmans Compensation?

    Answered about 2 years ago.

    1. E. Alexandra Golden
    2. Carla N. McKain
    3. Herbert Warren Cooper IV
    3 lawyer answers

    Taking a distribution from your 401(k) would seem to have nothing to do with eligibility for Workers' comp. And taking a distribution does not constitute quitting your job. They are separate, though your 401k may have rules about distributions that are not obvious. The only to know for sure is to request the 401k plan document or SPD and read it.

    3 lawyers agreed with this answer

  7. How do i get employment history from my old employer they mailed papers to me to see if i want my pension in a one time payment

    Answered about 2 years ago.

    1. Carla N. McKain
    1 lawyer answer

    Request a copy of the "plan document" and the "summary plan description" -- these will tell you how your retirement savings and/or pension are calculated. When you say "pension" I assume you mean a defined benefit plan, which is based on years of service and salary, typically. Carefully review the options for payment to determine if a lump sum is the best way to go. You may need an attorney who specialized in ERISA.

    1 lawyer agreed with this answer

  8. If an employer pays 100% of health insurance for all employees, and the employer choose who can have maternity?

    Answered over 2 years ago.

    1. Carla N. McKain
    2. Jonathan D. McDowell
    2 lawyer answers

    This sounds like a violation of federal law. I am not sure if you are talking about coverage for the cost of medical appointments related to pregnancy (like an OB), or disability payments for being out on maternity leave after baby arrives. I can say that under ERISA an employee benefit plan cannot pick and choose who gets coverage within a class of employees. For example, in an office with 4 secretaries and 2 managers, all the secretaries must be treated the same, though the secretaries as a...

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  9. Could I withdraw from my pension?

    Answered about 2 years ago.

    1. Charles Anthony Rick
    2. Howard A. Schwartz
    3. Carla N. McKain
    3 lawyer answers

    Doubtful, particularly if it is a defined benefit plan. The plan document or SPD should tell you if you can take a withdrawal or a loan. Ask the plan administrator for the SPD.

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  10. How soon after losing your job are you entitle to your 401k?

    Answered about 2 years ago.

    1. Daniel Nelson Deasy
    2. Carla N. McKain
    2 lawyer answers

    If you are vested, you are entitled to roll the account over immediately to another plan or IRA (assuming all the deposits from your contributions have been made). If you do not have another qualified plan through a new employer you will have to roll them to an IRA. You do not HAVE to roll them over, however, just because you leave your job. They can stay there, you just can't contribute more to that account. I assume when you say "rollover" that you do not mean distributing them to you,...

    2 lawyers agreed with this answer