SAN FRANCISCO/ OAKLAND – A man alleges his late husband's employer has not paid him the survivor benefits he claims he is entitled to.
David R. Reed filed a complaint on Aug. 9 in the U.S. District Court for the Northern District of California, San Francisco/Oakland Division against
KRON/IBEW Local 45 Pension Plan, Pension Committee of the
Local 45 Pension Plan and Young Broadcasting of San Francisco Inc.
alleging violation of the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that between 2014 and 2016, he was denied of any benefits upon the death of Donald Lee Gardner, his spouse, who was an employee of the defendants. The plaintiff holds KRON/IBEW Local 45 Pension Plan, Pension Committee of the
Local 45 Pension Plan and Young Broadcasting of San Francisco Inc. responsible because the defendants allegedly claim that plaintiff is not entitled for survivor benefits under the KRON plan despite being legally married to Gardner.
The plaintiff seeks order the defendant to pay survivor benefit to plaintiff plus interest, declare plaintiff entitlement to future annuity benefits, declare that Gardner’s election of a single-life annuity was invalid, pay plaintiff a penalty of $110 per day for the 17 days of their failure or refusal to respond to Reed’s request for documents, all legal fees and any other relief as the court deems just. He is represented by Teresa S. Renaker, Margaret E. Hasselman and Kirsten Scott of Renaker Hasselman LLP in San Francisco.
U.S. District Court for the Northern District of California,
San Francisco/Oakland Division
Case number 3:16-cv-04471-LB