Can You Recover Lost Pension Benefits in a 9/11 Victim Compensation Fund (VCF) Claim?

The September 11th Victim Compensation Fund (VCF) was created to provide a cash award to first responders and anyone who lived, worked, or went to school in lower Manhattan who since got sick with cancer or other 9/11-linked conditions. In addition to awards for pain and suffering, if a 9/11 claimant is not able to work due to a 9/11-related cancer or other condition, the VCF will make an award not only for lost wages but also all employer-provided benefits including lost or reduced pension benefits. If you or a loved one suffered from a 9/11-related condition that impacted the ability to work and contributions to a pension, you may be eligible to recover lost pension benefits from the VCF.

The VCF Covers Economic Losses

One of the primary functions of the VCF is to compensate claimants for pain and suffering and economic losses related to their 9/11-related health conditions. This includes lost wages, lost capacity to earn, and, importantly, lost pension benefits. If a 9/11-related illness or injury forced you into early retirement or made it impossible for you to continue working and contributions to your pension plan, you may be eligible for compensation for this loss.

Economic loss is calculated on a case-by-case basis, taking into account one’s age at the time of the claim, salary history, lost earnings, and the type of pension plan that was contributed to before the onset of the illness.

Eligibility for Recovering Lost Pension Benefits

To be eligible for compensation for lost or reduced pension benefits, you must meet several key criteria. 

1. You must have been present in the NYC Exposure Zone on or after September 11, 200, and before May 30, 2002. The NYC Exposure Zone covers areas in Lower Manhattan impacted by the toxic dust and debris from the World Trade Center (WTC) collapse (all of Lower Manhattan and south of Canal Street), as well as any area related to or along the routes of debris removal, such as barges and the Fresh Kills landfill, for those individuals who were involved in the cleanup and recovery efforts.
2. You must have developed a 9/11-related condition certified by the World Trade Center Health Program (WTCHP). Common 9/11-certified conditions include over 70 types of cancers, respiratory illnesses, and digestive disorders. 
3. The World Trade Center Health Program must certify that your cancer or other condition is linked to 9/11 exposure and that this certified condition either forced you to retire early or prevented you from fully working thus impacting your pension benefits.

​​You will need to submit documents such as union agreements, pension plan documents, or similar records to show the benefits you received or were eligible to receive if you had not gotten sick with a 9/11 illness.

How Are Pension Losses Calculated?

Determining pension losses is often complex, as it involves calculating your future earnings and contributions to your pension plan you would expect had you been able to continue working. The VCF reviews several factors when determining the amount of compensation for lost pension benefits, including:

• Salary History: Your earnings leading up to your illness or retirement are an essential component. The VCF will look at your salary history to determine what your future earnings would have been.
• Age at the Time of Illness: The younger you were when you had to stop working due to a 9/11-related condition, the larger your pension loss could be, as you had more working years left.
• Pension Plan Type: Whether you were enrolled in a defined benefit plan (which provides a guaranteed monthly payout after retirement) or a defined contribution plan (like a 401(k)) will determine how much pension benefit you are entitled to.
• Expected Retirement Date: The VCF will also take into account when you would have reasonably retired if you had not been impacted by a 9/11-related illness. If your condition forced you to retire earlier than expected, this lost earning potential is factored into the calculation.
  
  

Pension losses are calculated on a case-by-case basis, and every situation is unique, which is why it is critical to present detailed financial and all pension documents and records, medical evidence, disability findings, work history, and documentation of employee benefits when filing your claim.

Is There a Limit to How Much You Can Recoup?

The 9/11 VCF limits annual gross income for lost earnings to $255,610 per year. The VCF considers several factors when calculating economic losses, including income earned before illness, percentage of loss caused by covered conditions, after-tax income, work-life expectancy, growth rates, risk of unemployment, and employer-provided benefits such as employer’s 401(k) contributions and also pension losses.  These losses are in addition to non-economic losses, more commonly called pain and suffering. 

Get Guidance From an Experienced 9/11 Attorney

Navigating the process of filing a VCF claim for lost pension benefits can be challenging, particularly when it comes to gathering the necessary financial and medical documentation to prove your claim. This is why 86% of VCF claimants are represented by attorneys, as highlighted in the 2023 VCF annual report. An experienced 9/11 VCF attorney can help you gather the required evidence, ensure your claim is properly submitted, and advocate on your behalf to maximize your compensation.

Attorneys who are experienced in 9/11-related claims are familiar with the intricacies of the VCF and the WTC Health Program. They understand how to demonstrate your eligibility for compensation and how to calculate pension losses accurately. They can handle the complicated legal work associated with the claim process, allowing you to focus on your health and recovery.

If you’ve experienced lost earnings and related pension benefits due to a 9/11-related condition, it’s important to act now. Consult with an experienced 9/11 attorney at Hansen and Rosasco, LLP. We can guide you through the VCF claim process and help secure the compensation you deserve.

By registering and filing a completed (and supported) claim with the VCF, you can seek compensation for the financial losses you’ve suffered due to your 9/11-related condition. Don't let your lost pension or other significant benefits go unclaimed – find out more about your eligibility and get the professional legal support you need to recover lost pension benefits and more.