Employment Law Questions? Ask an Employment Lawyer.
Hi, thanks for submitting your question today. My name is***** have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.
First off you cannot trust what they are saying now as a determination of whether you are owed a pension or not. At the time you retired, the 1974 act you are referring to (ERISA)had either a 10 year (cliff) vesting or gradual vesting mandates. But these are just minimums the employer must provide. Your employer could have provided a more generous vesting at that time, which may be different than the vesting period now.
Your best bet at this point would be to contact the Department of Labor - Employee Benefits Security Administration to have them determine if you are owed anything. The Department keeps all plan documents and filing and will have the best and most accurate information on the plan in effect for your retirement. It very well be that the plan was terminated/ abandoned and there are funds sitting in escrow for you with the Department or otherwise. You can contact the Department through their website here: http://www.dol.gov/ebsa/contactEBSA/consumerassistance.html
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