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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 1283
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I was -off in April 2016, afterwards, I decided to retire

Customer Question

I was laid-off in April 2016, afterwards, I decided to retire (38 years with company). When I asked if I could receive a lump sum from my pension, I was told that because I had more than $50,000., in my pension account, I would have to choose the pension annuity of $812.00/monthly. However, my wife and are going through several hardships (including medical disabilities). We are wondering if we could draw a hardship lump some from the pension?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: California
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: I, Jim am almost 70 (1/22/47) cannot work due to COPD, Heart problems and PTSD. My spouse, Rosa is 68 (08/28/48), has had two brain surgeries, fibromyalgia, diabetes, etc., The monies we need is to cover some treatment I need and to move closer to our son in Texas. We cannot function or do everyday care.
Submitted: 7 months ago.
Category: California Employment Law
Expert:  nyclawyer replied 7 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  nyclawyer replied 7 months ago.

Does the policy allow it or are you seeking an exception based on the circumstances?

Customer: replied 7 months ago.
I am seeking an exception based on the circumstances.
Expert:  nyclawyer replied 7 months ago.

Normally the policy controls, but company can grant the exception especially if the policy permits or the company has granted it for others. do you know if either is the case here?

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