My employer stopped making the contributions to my pension plan that it had agreed to make before it filed for bankruptcy. Can I recover those contributions in the bankruptcy proceeding?
Yes. Similar to the other priority claim for wages discussed in the previous question, contributions to an employee benefit plan are considered priority claims under the Bankruptcy Code if they arise from services rendered within 180 days before the date of the filing of the petition or the date of the defendant employer stopped doing business, whichever occurs first.
They will be considered a priority claim up to the following amount for each benefit plan
The number of employees covered by each such plan multiplied by $10,000;
Subtracting the aggregate amount paid to such employees for wages (as discussed in the previous question; and,
Subtracting the aggregate amount paid by the estate on behalf of such employees to any other employee benefit plan.
In order to recover these payments through a bankruptcy proceeding, it will most likely be necessary to file a claim on behalf of all affected employees, so if this is an issue in your case, please consult with your attorney.
It is also possible that the Pension Benefit Guarantee Corporation, a government agency responsible for protecting pension benefits by taking over defunct plans, may be involved in administering your plan, which could affect the benefits to which you are entitled. For more information, please consult with the PBGC's website or your attorney.