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AXJ MORATORIUM

Pensions

Private-sector bank pensions (e.g., from JPMorgan Chase, Bank of New York Mellon, or others) are primarily regulated under federal law by the Employee Retirement Income Security Act (ERISA), overseen by the U.S. Department of Labor and the Pension Benefit Guaranty Corporation. Disputes typically involve individual claims, plan administration issues, or historical matters like “wear-away” effects from plan conversions in the early 2000s.Recent news and official records show:

  • Isolated individual cases, such as a long-running dispute where JPMorgan Chase denied survivor benefits to a widow due to missing pre-1980s beneficiary paperwork.
  • Past ERISA-related lawsuits over benefit disclosures or calculations, but no broad systemic probes into non-payment of vested pensions.
  • Public pension issues (e.g., New York City or State funds) involve separate matters like fraud by employees diverting funds or investment decisions, but these do not concern private bank employee pensions.

The NY AG’s office has addressed pensions in contexts like a lawsuit against a hospital/diocese for mismanaging retiree benefits, but nothing related to banks. Their resources direct private pension inquiries to federal authorities.If you have a specific concern about a bank pension (e.g., from Chase), contact the plan administrator directly—former employees can use portals like MyRewards.jpmorganchase.com or call 1-844-ASK-JPMC for details on eligibility and payments. For general ERISA questions, reach the Department of Labor at 1-866-444-3272.

Private-Sector Pensions (e.g., Bank Employee Plans)Private-sector pension plans in the United States, including those offered by banks in New York (such as JPMorgan Chase), are primarily governed by federal law under the Employee Retirement Income Security Act of 1974 (ERISA). New York State has no substantive laws regulating the structure, funding, vesting, fiduciary duties, or administration of private pension plans.

  • Federal (ERISA) Governance:
    • Sets minimum standards for participation, vesting, funding, and fiduciary responsibilities.
    • Requires reporting and disclosure to participants.
    • Provides federal remedies for disputes (e.g., via the U.S. Department of Labor or federal courts).
    • Insured by the Pension Benefit Guaranty Corporation (PBGC) for defined-benefit plans in case of termination.
    • Preemption: ERISA broadly preempts (“supersedes”) state laws that “relate to” employee benefit plans, ensuring uniform national administration and preventing conflicting state regulations.
  • New York State Role:
    • No equivalent to ERISA for private plans; states are preempted from regulating core aspects.
    • Limited involvement: Tax treatment (e.g., private pensions may qualify for a partial state income tax exclusion up to $20,000 for those 59½+), or a mandate requiring certain employers without plans to facilitate payroll-deduction IRAs via the state-run Secure Choice program.
    • Disputes go to federal authorities, not New York agencies.

In summary, for private bank pensions, federal ERISA law exclusively applies, with New York providing no parallel protections or requirements.Public-Sector Pensions (e.g., State/Local Government Employees)Public pensions in New York (e.g., New York State and Local Retirement System – NYSLRS) are governed by New York State law (primarily the Retirement and Social Security Law), not ERISA.

  • New York State Governance:
    • Defines tiers, eligibility, contributions, vesting, benefit formulas (often more generous defined-benefit plans).
    • Administered by the State Comptroller.
    • Strong protections under state constitution (benefits cannot be diminished).
    • Earnings limits and rules for post-retirement public employment.
    • Tax advantages: NYSLRS pensions are fully exempt from New York State and local income taxes.
  • Federal Role:
    • ERISA explicitly exempts governmental plans.
    • Federal laws apply indirectly (e.g., Social Security integration, IRS qualification rules for tax treatment).
    • Pensions are taxable at the federal level.

Public pensions often provide stronger guarantees than private ones, as they are not subject to ERISA’s funding rules or PBGC insurance limits but benefit from state-specific protections.

AspectPrivate Pensions (ERISA – Federal)Public Pensions (NY State Law)
Primary RegulatorU.S. Department of Labor / PBGCNY State Comptroller / Retirement and Social Security Law
Preemption/ApplicabilityERISA preempts state lawsERISA does not apply (governmental exemption)
Funding/InsurancePBGC insures defined-benefit plans (with limits)No PBGC; backed by state/local governments
Tax Treatment (NY)Partial exclusion possible ($20,000 max for ages 59½+)Fully exempt from NY state/local taxes
Benefit GuaranteesMinimum standards; subject to plan termination risksOften constitutionally protected against reduction
DisputesFederal courts/remediesState processes; some federal tax/age discrimination overlap
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