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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20393
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I want to know if there is an age requirement to get your

Customer Question

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.
JA: Was this discussed with a manager, HR, or an attorney?
Customer: no
JA: Has anything been filed or reported?
Customer: we just started the process of the early retirement today and social security said we have to contact the employer for the pension
JA: Is the employment "at will," union, full time, or part time?
Customer: he was full time and laid off in 2002
JA: Anything else you want the lawyer to know before I connect you?
Customer: not that i can think of
Submitted: 2 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 months ago.

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

Expert:  Marsha411JD replied 2 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.