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Widow accuses musicians pension fund of breach of contract

NORTHERN CALIFORNIA RECORD

Sunday, December 22, 2024

Widow accuses musicians pension fund of breach of contract

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LOS ANGELES — A widow is suing a pension fund, alleging breach of contract.

Albina Fleishman filed a complaint Sept. 19 in U.S. District Court for the Central District of California against The American Federation of Musicians and Employers' Pension Fund, alleging breach of duty of good faith and fair dealing.

According to the complaint, Fleishman, who was married to Richard Fleishman for 37 years until his death Dec. 24, 2015. has suffered monetary damages. The suit says she was falsely accused of fraudulently cashing her late husband's pension checks. The lawsuit alleges the pension fund informed Albina Fleishman that she was never entitled to pension benefits because her husband died prior to his effective date and demanded repayment of the $21,269.76 in pension benefits. 

The plaintiff alleges the defendant failed to make timely notifications to qualify Fleishman for a survivor annuity, and failed to communicate with the musicians union, causing the plaintiff the entire burden of losing her husband's pension benefits.

Albina Fleishman seeks trial by jury, judgment against the defendant, payment of a 75 percent survivor annuity or a pre-retirement death benefits backdated to her husband's death, injunctive relief, costs, attorney fees, interest and all further relief the court deems just. She is represented by attorney Russell G. Petti of Law Offices of Russell G. Petti in La Canada, California.

U.S. District Court for the Central District of California case number 17-C-6886

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