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My pension percentage is really high and what they take out means I technically get paid less than minimum wage, is that legal?

Mesquite, TX |

With a 13.25 percentage coming out of my pay for pension I actually only get about 6.74 an hour with minimum being 7.25 here, while a pension plane is nice i didn't want one couldn't opt out of it and am no where close to retiring and also dont think I will actually stay in the job long enough to ever receive it

Attorney Answers 2


You are receiving that portion of your pay that is deferred to the retirement plan so that deduction does not violate minimum wage laws. You are vested in any contributions you make to the plan so even if you leave the company before you are vested in an employer's share of the benefits you will not lose the portion you contributed to the plan.

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Vested pension contributions withheld from wages are counted in total compensation. Therefore, it sounds like you are actually making a legal wage.

Your question has been answered as a courtesy. This is not paid legal advice. Nothing in this communication is intended to create an attorney-client relationship. Unless expressly stated otherwise, nothing contained in this message should be construed as a digital or electronic signature, nor is it intended to reflect an intention to make an agreement by electronic means.

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