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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117379
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I'm a 73 year old male who now lives in nevada,how can i

Customer Question

i'm a 73 year old male who now lives in nevada,how can i collect my retirement benefits from california?
Submitted: 10 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 10 months 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.
What are they telling you about your pension?
Customer: replied 10 months ago.
i'm not eligible for retiree benefits because im too late to file
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
They cannot take away your pension money that you paid into, that would violate ERISA (the Employee's Retirement Income Security Act). So the first thing you have to do under ERISA is demand a copy of your plan description that you retired under. If they refuse to send it in 30 days then you can sue for $100 per day penalty for their refusal to provide the plan description. Second, you would need an attorney in CA where they are located to file suit against them for your pension if they continue to deny you. Once you were vested in your pension, you are entitled to your pension funds. In addition to seeking an employee benefit attorney in CA, you also can file a complaint with the Pension Benefit Guaranty Corporation, http://www.pbgc.gov regarding the conduct of the pension plan administration.
Those are your options available based on the information you provided to us.

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