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  1. #1
    Join Date
    Mar 2008
    Posts
    4

    Default Hospital Church Pension

    Description of problem
    I have worked as a respiratory therapist for St Clares Hospital in Schenectady New York since 1/1/1977. St Clares Hospital is closing due to Berger Commission guidelines. This is a church pension not covered under erisa. Retirement notice given 12/17/2007 tenured with 10 weeks notice because my department was short staffed and human resources told me it would take 10 weeks to process pension papers, so last day of employment was 2/29/2008. Pension dispursement date 3/1/2008. Hospital changed there pension guidelines effective 2/25/2008. They were age 55 and 30 years of service. Now they are age 66. Following IRS social security guidelines. They are denying my pension due to the change. Had filled out pension documents 2/4/2008. Human resources told me , that if I gave 2 weeks notice, my dispursement date would have been 2/1/2008 and I would have received my full pension. They also have said that they were 6 other employees in my situation.
    Anyone have suggestions to address this issue of denial of pension benefits?

  2. #2
    Join Date
    Feb 2008
    Posts
    578

    Default Re: Hospital Church Pension

    Wow. Other than the obvious and somewhat trite answer of talking to and hiring an attorney with a lot of experience in this area of the law? No.

  3. #3
    Join Date
    Mar 2008
    Posts
    4

    Default Re: Hospital Church Pension

    This was a very short lived retirement for me. Thanks for your response.

  4. #4
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Hospital Church Pension

    How convienent that the hospital changed it's policy when it did. I can guess that administration and HR were well aware of the 7 pension applications sitting on their desks during those closed door meetings. All of you should hire an attorney and within the appeal date (if there is one)
    If there is anyway you can find out what the policy was prior to the change, try and obtain a copy of it. The policy should be effective based on the date that you applied for it not when it was processed. 10 weeks to process seems a bit long, see if it was in writing.
    Let us know how this turns out either way and good luck.
    And to think you spent 30 years practicing their mission to get this???

  5. #5
    Join Date
    Feb 2008
    Posts
    578

    Default Re: Hospital Church Pension

    Just FWIW, St. Clares's has been in financial trouble for a while and I believe they merged or were taken over by another management organization within the "Catholic hospital system"(I don't know the correct term here). The CEO for the past 7 or so years though did retire as of 1/1/08. I don't know if he was entitled to a pension or affected by this, but his timing was certainly immpecable.

    I think I would try to pursue it in court, perhaps along with the others who were affected(attorney's advice needed), as you all seem to have been similarly harmed. One really good case and lawyer is better and likely cheaper to the plaintiffs than 6 or 7 of varying quality.

  6. #6
    Join Date
    Dec 2005
    Posts
    200

    Default Re: Hospital Church Pension

    Have you notified or appealed to the Bishop, the Diocese, and the Archdiocese? In addition to legal action, public exposure may be helpful.

  7. #7
    Join Date
    Mar 2008
    Posts
    4

    Default Re: Hospital Church Pension

    I have asked for in writing from human resources a copy of the "summary plan description" SPD. As of yet I have not received it. I did not as yet write to bishop Howard Hubbard on this issue. WTEN channel 13 was interested in running a story about this issue, but I was advised not to go public if I want to legally pursue this. I wish I knew the names of the other employees effected, so that we might jointly share the financial burden as well as the emotional journey in dealing with this.Anyone know of a lawyer that they could recommend?

  8. #8
    Join Date
    Mar 2008
    Posts
    4

    Default Re: Hospital Church Pension

    I have meet with three lawyers. This is a church pension, not covered by ERISA and the SPD clearly states that the penion plan administrator can change/ terminate the plan at any time without any notice and that these changes may reduce your benefits. I have been given estimates of $15,000-$200,000 to try and sue St. Clare's Hospital. The grounds for litigation would not be their legal right to change the plan, but if these changes are age discriminatory or some other pension related issue that was found as a result of the lawyers investigation into the pension plan itself. Even after spending this large amount of money, the only person that may benifit from this expenditure may be the lawyer.The pension plan administrator has offered me my job back, since he feels doing both would not be fair or maybe it would not be legal. How long that job would last, since the hospital is under a joint roof with Ellis Hospital is unclear to me. It's like being offered a passenger ticket on the "Titanic". Maybe you hit an iceberg, maybe you don't. but the number of life boats stay the same. Still looking into other options. Thanks for all of your imput. It was appreciated.

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