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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118780
Experience:  20+ Years of Employment Law Experience
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I am turning 65 on 1/2/16 and have been told by my employer

Customer Question

I am turning 65 on 1/2/16 and have been told by my employer that I cannot receive my defined benefit plan cash if I stay working. I am the first employee where this threshold has been applied. For many years other employees have received their lump sums and continue to work. Currently there are three employees who received their lump sum and continue to work to this day. One of these employees happens to be the wife of the chairman of the board. There has been no changes made to the plan in the last thirty years. I feel that I am a target.
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.
If he is discriminating against you here based on your age or sex and there is nothing in the defined benefit plan description that states you cannot collect if you continue to work, then your next step is filing a complaint with the MA Commission Against Discrimination regarding the discrimination. Furthermore, if your plan description does not contain a clause mandating your retirement, then you can sue the employer for breach of contract for not allowing you to collect and continue working.
These are the options you can take against them for denying your rights to collect without leaving your employment.