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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 114135
Experience:  20+ Years of Employment Law Experience
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If a person belonged to a bargaining unit, then went into management.

Customer Question

If a person belonged to a bargaining unit, then went into management. Then they became totalty disabled. How can a company tell the disabled person they can never have their retirement money unless they severied ties with the company. This means give up in d insurance and all other benifits to draw the retirement.
Lisa
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Well, unfortunately, these retirement plans are governed by the terms of the plan description under the law, which is known as ERISA (Employee's Retirement Income Security Act).

A person cannot just take their retirement money anytime they want. If your plan description does not have an emergency withdrawal provision in the plan, then I am sorry to say that they cannot give you the money early. You would have to comply with the plan terms by law (they have to comply with them too). So I am afraid that you have to decide to retire and get your retirement money in accordance with your plan description or legally they cannot give it to you.
Customer: replied 1 year ago.

They told me i could never draw my money , unless I severed ties with the company. Even at age 65. How is this legal.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

That is why it is a retirement fund, it is for when people "retire" which means severing your employment with the company. You cannot draw from your retirement fund until you leave the company.

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