The widow of a radiologist who died unexpectedly in 2016 is now suing his former practice, claiming she’s owed tens of thousands more in pension payments.
Mary Meszaros and her attorneys first filed suit against Connecticut-based Advanced Radiology Consultants in late February. They contend that, as the designated beneficiary of the late Michael Meszaros, MD, she’s entitled to receive $91,000 in annual benefits from the practice pension plan. However, Advanced Radiology has reportedly calculated a far smaller amount, at $20,800, the lawsuit contends.
The plaintiffs believe the benefit was tallied incorrectly and are asking the Connecticut District Court to intervene.
“Defendants erroneously calculated [Mary Meszaros’] pension benefit by failing to apply the clear and unambiguous language of Section 4.1 of the plan…” the lawsuit states. “Specifically, the plan’s benefit calculation erroneously reduced the annual benefit amount by using Dr. Meszaros’ years of service as both a member and a nonmember and using those sums pro-rata to come to a total sum.”
Advanced Radiology Consultants did not immediately respond to a Radiology Business request for comment Friday, nor did Meszaros’ lawyers. An attorney with Fox Rothschild LLP, listed in court documents as representing the practice and its pension plan, declined to comment.
Michael Meszaros first started working at Advanced Radiology in July 2008 and was a classified as a “member” of the practice for one year up until the plan was frozen in 2015 and eventually turned into a 401k. Between then and when the plan was first adopted in 2009, the radiologist remained a participant, the lawsuit contended. In February 2020, the benefits administrator notified stakeholders that the plan would terminate and release distributions, including the $20,800 to Meszaros’ wife of 22 years.
Attorneys argue that the benefit should have been calculated by multiplying 5% by the seven years of credited service and an average of the last three years of salary ($260,000). That should have reached the $91,000 figure they are seeking.
A sticking point appears to be the “member” designation and its impact on producing a higher payout figure. Mary Meszaros believes that Advanced Radiology has a “significant conflict of interest,” given that it both self-funds the plan out of its own general assets and acts as an administrator determining the sums to be paid.
“The conflict of interest of ARC in its role as claims administrator and source of plan funds vitiates any deference to ARC’s decision and mandates application of de novo review [without deference to the plan administrator’s decision],” plaintiff attorneys wrote.
The widow previously filed a claim with the plan administrator in October 2020, and appealed her denial in February 2021. Meszaros and her representatives are asking a judge to compel the practice to pay out what they say is the correct amount, along with any attorney’s fees and other “appropriate relief.”
Advanced Radiology’s legal representatives appeared in court on April 12, but had not yet filed a response as of late Friday. Law.com first reported news of the lawsuit on April 14.
Marty Stempniak has covered healthcare since 2012, with his byline appearing in the American Hospital Association's member magazine, Modern Healthcare and McKnight's. Prior to that, he wrote about village government and local business for his hometown newspaper in Oak Park, Illinois. He won a Peter Lisagor and Gold EXCEL awards in 2017 for his coverage of the opioid epidemic.