If I have TRS retirement and am eligible to retire but am fired, can they take my retirement?

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If I have TRS retirement and am eligible to retire but am fired, can they take my retirement?

Asked on August 21, 2015 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Usually, no.. because it's a regular retirement plan, especially if you contributed to the plan in any way.  If this is a pension, then the rules for the administration of the pension will control... and some pension plans do have clauses that nullify the pension benefit if the employee is terminated.
To know for sure what type of plan you have, visit with your HR department or request a copy of the plan description, employee handbook, and then take them to an employment law attorney to review.


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