What is the Delaware Safe Harbor Provision?
Part of ensuring your rights as an employee in Delaware are upheld by your employer involves making sure your employer follows the rules under the safe harbor provision. The safe harbor provision is a standard that can let you receive more effective retirement benefits by allowing your employer to work with insurance companies. If you have questions about how this all works, feel free to talk to a Delaware ERISA attorney.
WHAT DOES THE DELAWARE SAFE HARBOR PROVISION DO?
The Delaware safe harbor provision gives your employer more options for offering you retirement benefits. Your employer can involve annuity contractors and have their employees review annuity information. Your participation in this as an employee is voluntary and your employer is limited to a certain amount of activities in this area.
What safe harbor provisions do is provide a clear plan when it comes to your retirement, offer fiduciary protection to those who manage your plans, and lead to better retirement plans for you as an employee as a result. However, your employer cannot under safe harbor regulations, advertise certain types of insurance plans to you, but rather, this is left to the insurer. Your employer can take out portions of your income to cover your chosen plan under the safe harbor provision.
The money taken out must be used for your insurance plans and cannot be used to benefit your employer. If your employer is abusing this system by taking out portions of your income for them instead of your plans under insurance companies, then you might want to work with a lawyer to fix this. A lawyer could potentially help you obtain any money you lost from a mistake or abuse of the system.
OPTIONS WHEN MY SAFE HARBOR RIGHTS ARE IGNORED
You may want to seek help from a lawyer if your Delaware safe harbor rights were violated. New programs allow employers to inform employees of their retirement plans through websites and email. If your employer has failed to inform you of your retirement rights or had denied to inform you, then you may find a solution after consulting with a lawyer.
If you have been denied the right to decide how you want to receive your retirement plans and have been told you cannot change your mind on this, you may have been denied certain rights. There might be cases when you have been denied the retirement benefits you were promised. Depending on the context, you might be able to file a lawsuit to enforce the return of your promised retirement benefits.
ERISA ATTORNEY IN DELAWARE
You do not have to put up with being denied your retirement rights under ERISA and safe harbor provisions. Try talking with an experienced ERISA lawyer in Delaware if your employer has denied you certain rights promised under ERISA or safe harbor law. All you have to do is call Edelstein Martin & Nelson at (302) 295-5050 for a free consultation today. Our experienced legal team of Delaware ERISA lawyers is located in Wilmington, Delaware and are prepared to defend your Delaware ERISA rights and safe harbor rights.