Can an employer who has laid off a worker keep control of a pension?

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Can an employer who has laid off a worker keep control of a pension?

I worked for a company in Illinois for 9 years but was not given any info on my Defined Benifits Retirement fund for over two years. Now when I am laid off the employeer want to keep the pension money until October. He told me that he does not have to make the final ayment until then because it can be extended and paid late like taxes. I was laid off on Dec. 17th 2008.

Asked on May 20, 2009 under Employment Labor Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am unsure why you would wait until now (after not getting the information for two years) but your best is to contact your state's Dept of Labor.  Something doesn't sound right and this may be more of a matter of getting all your benefits in a timely fashion rather than having the employer choose when you get them based on his or her needs.

Try the Illinois Department of Labor at http://www.state.il.us/Agency/idol/ and also the U.s. Dept of Labor http://www.dol.gov/ebsa/. See also http://www.dol.gov/ebsa/consumer_info_pension.html.

If you find there are violations, you can exercise your administrative rights through the above agency and think about also exercising your civil litigation rights through hiring private counsel at www.attorneypages.com.


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