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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116814
Experience:  20+ Years of Employment Law Experience
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I worked for a company for over 4 years and had health problems.

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I worked for a company for over 4 years and had health problems. while I WAS ON THE operating table they fired me.I was put on disability S.S.until I was 66. can I collect my pennon from them that they say I had to put in 5 years to get it
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

In order to collect on a pension, one must be a vested employee in that pension plan. While each pension plan has its own vesting period, under ERISA the maximum time for vesting is 10-12 years (depending on the type of plan). If your plan description states you are vested in 5 years, then according to ERISA you would not be eligible to collect anything from that pension until you had worked a minimum of 5 years.

If you are a non-vested employee, you need to read the plan description because you would be entitled to receive back any money you put into the plan yourself.

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