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Retirement Laws

Retirement is when a person, on attaining a certain age completely stops work. The government has set forth laws and rights for employees to help them post retirement. Experts can give you information about these laws and rights quickly and at an affordable cost. Ask Experts about retirement, forced retirement and other employment law related issues.

The most common questions asked about retirement and retirement issues are given below.

Can an individual take off Spousal Benefit from a Retirement Benefit Plan?

When a person retires, he/she is given retirement benefits. The individual also has the option to choose spousal benefit. However, once chosen, the individual cannot take the spousal coverage off the retirement benefit plan. It continues even after death or divorce.

Can an employee sue the employer for providing the “Retirement Financial Statements” and the Social Security Number (SSN) to the wrong person?

If a person’s SSN is released wrongly, it may be a breach of duty of confidentiality. The employee in such situations may sue the employer for any damage that he/she may sustain because of the employer’s negligence. The employer can be asked to provide a full account of the employee deposits and co-relate that with the retirement plan administrator.

Can an employer make an employee pay extra for their Retirement and Health Benefit Plan?

Retirement benefits and health benefits are decided between the employer and the employee. The employer can set the terms for the plans. The employee can be asked to pay extra if need be for the retirement benefit plan. However, the employer must provide the employee with a plan description that shows the terms and conditions of the plan. The employee must be told what the employer will pay and what they will not. If this information is not provided, the employee can file a complaint with the department of labor.

Can an employee sue a government body like Evaluated Receipt Settlement (ERS) for wrong calculation of retirement benefits?

In many states of the US, like Texas, government bodies are protected by a doctrine called sovereign immunity. This means that they cannot go wrong and no one can sue them unless they allow it. Hence, there would be no point in suing the government body as the case would be dismissed and the employee would lose the case and the money.

Can an employee apply for Retirement Benefits and Pension Plans if he/she has been arrested for a crime?

Rules about retirement benefits and pension plans may differ in different states of USA. In some states like Massachusetts, if the employee has been vested in a pension plan at the time of resignation, he/she is eligible for the pension plan and retirement benefit provided the crime for which the individual was arrested is not related to the job. The individual can contact the pension board and apply.

Once an employee notifies the employer of the retirement date, is the employer obligated to allow the employee to work till that date?

In most situations, once an employee informs the employer of a retirement date, the employer is not obligated to let the employee work till that date. As an at-will employee, he/she can be terminated any time and for any reason. Giving notice is also considered to be reason enough for termination.

It is important to know the finer details of the laws and rules around retirement. Having this information can help you claim your retirement benefits. Ask your retirement questions to the Experts. Get retirement help and information on other issues like employee rights, unemployment benefits, age discrimination and other employment related issues when you ask the Experts.
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Recent Retirement Questions

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    i was diagnosed with severe health problem, i was placed on FMLA leave,i have used all my leave,my doctor wants me to work 3 hours a day,what should i write to mine human resource department about job(i still have it or not) how can extend LMLA LEAVE my employer gave me two options apply for ADA OR file for disability retirement. I want to know which option i should choose, if disability retirement does not work will i have a job or not.your advise and what i should write to keep my job
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    If someone accuses me of 2 crimes in Georgia, and both are dropped (one was dismissed, the other no warrant was issued) when I am not a Georgia or Tennessee resident, does that qualify for defamation in Georgia if I was previously accused in Tennessee for the same crime (case in TN was settled with order of retirement, dismissal expected in 2015) ?
    If a temp order of protection was issued in TN in Jan 2013 & has never been violated, no violence, threats, contact or even in the same state with accuser, will expire in Dec 2014, is it worth it to try to get that order vacated? Both TN and GA accusers are former co-workers who work for the same company in Atlanta.
  • I really need help!!1- Sofia is an employee for Ambroses

    I really need help!!
    1- Sofia is an employee for Ambrose's Landscaping. While showing a customer how to use a hedge clipper, she inadvertently cuts the customer on the arm, requiring a hospital trip and several stitches. Regarding Ambrose's liability for the incident
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    B-Ambrose is vicariously liable because Sofia was not acting within the course of employment.
    C-Ambrose is not vicariously liable because Sofia was not acting within the course of employment.
    D-Ambrose is vicariously liable because Sofia was acting within the course of employment.
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    D-Harrison can prove a case of retaliation.
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    C-has a claim under ADEA.
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    D-None of the choices are correct.
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    B-Benita can bring a complaint to the U.S. Department of Labor, under the Fair Labor Standards Act of 1938 (FLSA).
    C-Benita can bring a complaint to the U.S. Department of Labor, under the Employee Retirement Income Security Act of 1974 (ERISA).
    D-Benita can bring a complaint to the U.S. Department of Labor, under Executive Order 11246.
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