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I want to know if there is an age requirement to get your…

Customer Question
I want to know...

I want to know if there is an age requirement to get your pension. my husband ***** ***** Campbell JR worked for macy's and Bloomingdales by mail in Chesire CT from 1987 through 2002. he had a stroke 7 years ago and unable to work and is in the process of getting early retirement.

Lawyer's Assistant: Was this discussed with a manager, HR, or an attorney?

No

Lawyer's Assistant: Has anything been filed or reported?

We just started the process of the early retirement today and social security said we have to contact the employer for the pension

Lawyer's Assistant: Is the employment "at will," union, full time, or part time?

He was full time and laid off in 2002

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that i can think of

Submitted: 11 months ago.Category: Employment Law
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Answered in 7 minutes by:
7/31/2017
Employment Lawyer: Marsha411JD, Lawyer replied 11 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,936
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

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.

Please feel free to ask for clarification if needed. If none is needed, then if you could leave a positive rating in the ratings box on this page, then the Site will give me credit for assisting you today. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 11 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 31st. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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