• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Now Retired, Company wants some of the lump sum pension back.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Wince Cam

Junior Member
What is the name of your state?What is the name of your state? Pennsylvania

I retired about 2 years ago after 37 yrs with the same fortune 500 company. At that time I received a lump sum amount of money representing what I was entitled to from the company paid pension plan.

About 6 months ago they sent me a letter stating that a mistake in the calculation of the pension was made and that they over paid me by $25K.

I'm suspicious about that since before I retired, every time I asked for an estimate of what I was to get the amount was different. How do I know if they really made a mistake or not?

They have sent me several more letters demanding repayment which I have ignored. They have threatened to send the matter to their legal department and to contact my IRA custodian that the $25K is not eligible for roll over. In the last 3 months I haven't heard anything further and they have not contacted my IRA custodian. The IRA custodian told me that the company could not touch my money.

Do you think I have to, or I should give the money back?
Should I wait to hear from their legal dept before contacting a lawyer or let them take the next step (if they ever do)?
 


cbg

I'm a Northern Girl
I think that you should talk to an attorney about your options. However, IF they actually did overpay you, you do have to return it.
 

Beth3

Senior Member
Should I wait to hear from their legal dept before contacting a lawyer or let them take the next step (if they ever do)? The next step will probably be for the employer's legal counsel to file suit. I don't think you should wait around for that to happen.

Speak to an attorney who is experienced with employer-sponsored retirement plans. By the way, this doesn't sound like a "pension" plan as those proceeds are not paid out in a lump sum distribution. I expect you're referring to funds from a 401(k) retirement plan or similar.
 

Wince Cam

Junior Member
Company Paid Pension Plan as Lump Sum instead of Annuity

Thanks for the advice. I will contact a lawyer. It is a company paid pension plan. I had a choice to take it as an annuity or a lump sum. I also have a 401k plan.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top