Employment Law Questions? Ask an Employment Lawyer.
Thank you for the information and your question. Most employer's pension plans do have a minimum age that the former employee must reach before they are eligible for distributions from the Plan. However, some Plans do have exceptions for those who are disabled. You will need to contact the Plan Administrator for the Pension Plan to get a copy of the Summary Plan Description (SPD) if your husband does not have that, as it will contain the specific requirements for qualifying for distributions under the Plan. Under ERISA, which is the Federal law that controls these plans, the Plan Administrator must follow the Plan exactly and also provide SPD's to the Plan members. Generally speaking, most employers allow distribution sometime during the former employee's 60's. Most definitely start by 66, but many have plans that allow distributions in the early 60's.
If, for some reason, the Plan Administrator is not responding or you cannot get the SPD, then you can file a complaint with the Employee Benefits Security Administration (EBSA) which is the division of the U.S. DOL which enforces ERISA rules.
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