Michael Paul Monaco's Answers

Michael Paul Monaco
Seattle Employee Benefits Lawyer.
Contributor Level 4

1

Attorney answers:

  1. Michael Paul Monaco

Can anything be done about my husband NOT receiving a pension after being laid off?

Asked by a user in Duluth, MN - over 3 years ago.

Your husband should be entitled to a a "vested" pension benefit, as long as he worked long enough while the pension plan was in effect -- normally, 5 to 7 years (and sometimes less) will result in 100% vesting. (If you are talking about a 40(k) plan, he would automatically be "vested," immediately, in his own contributions and those can never be taken away.) He may or may not be able to take an "early retirement" benefit now or at age 57, but regardless of that, he probably earned a...

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