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"Deferred Vested" Pension

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emcf74

Junior Member
What is the name of your state? Florida

Last September, I was laid off due to my company being purchased by another company, and subsequently closed. As part of my severance package, my pension was pro-rated for length of service and given to me. The terms were that if the company's pro-rata calculation came out to $5000 or less, the pension would be distributed to me in a cash lump sum. If over $5000, I would receive the pension in monthly payments beginning at age 65.

Turns out the pension amount calculated was $5715.09. I am to receive monthly payments of $258.86 at age 65. That is well and good if my company is still around in 35 years and can pay it, but to be honest, after being unemployed for almost a year, I could really use that money now. Is there any way for me to obtain this benefit now? I don't know what the law is concerning private company pension benefits and disbursement rules. Thank you in advance.
 


cbg

I'm a Northern Girl
If this is a bona fide pension plan, then Federal law prohibits any disbursement of the pension funds until you are at least 55 years old. Sorry.
 

emcf74

Junior Member
I believe it is a "bona fide" pension plan. It is a defined benefit plan as described by the DOL. If Federal law prohibits disbursement of funds, why was a cash lump sum disbursement allowed for those pensions valued at $5000 or less? I'm guessing there are limits to disbursements, maybe? Where could I find Federal law concerning pension regulation - is that ERISA? Thank you again.
 

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