Income Support: Pensions
by: Georgia Department of Human Resources, Division of Aging Services
PENSIONS
Pensions are retirement programs established and maintained by employers. Money in most pension programs is put in by employees and employers, although there are some plans that are funded only by employees. Pensions are payable upon retirement either after a certain number of years of employment or at a certain age of the former employee. The Employment Retirement Security Act of 1974 (ERISA) is a federal law which provides pension plan protection to some workers who are employed by companies in the private work force.
ERISA sets minimum standards for pension plans and guarantees that pension rights can not be unfairly denied or taken away from workers. No employer is required to set up a pension plan. If a plan is established, it must be in writing and have some established procedures for operation. Usually to qualify to draw benefits under any pension plan, an employee must have worked a set number of years, generally at least five and sometimes more. Typically, if an employee failed to meet the minimum employment period, he or she is not eligible for any benefits under the pension plan.
The Department of Labor is the federal government agency that promotes the interests of workers and retired workers. The Department of Labor's Pension and Welfare Benefits Administration Section enforces the laws requiring company and union pension plans to provide pension plan information and to invest pension plan funds in the best interests of the plan participants.
FOR MORE INFORMATION IN GEORGIA:
U.S. Department of Labor Pension and Welfare Benefits Administration 61 Peachtree Street NE Atlanta, GA 30367 (404) 347-4090
The Internal Revenue Service (IRS) is responsible for ensuring that company and union pension plans comply with federal pension and tax laws. If you think your pension plan is violating any federal pension or tax laws, you have two options. First, you can write to the Employee Plans Technical and Actuarial Division of the Internal Revenue Service. You can actually speak to an IRS lawyer or actuary between the hours of 1:30 p.m. and 3:30 p.m. Mondays through Thursdays (except for holidays).
TO CONTACT THE IRS EMPLOYEE PLANS TECHNICAL AND ACTUARIAL DIVISION:
Employee Plans Taxpayers Assistance Line 1111 Constitution Avenue, NW, Room 6526 Washington, DC 20224 (202) 622-6074 or 6075
The second option is to contact the Customer Service Unit in Baltimore, Maryland. The IRS has the authority to require an audit of a pension plan to make sure that it is complying with federal law.
TO CONTACT THE CUMSTOMER SERVICE UNIT:
Customer Service Unit P.O. Box 13163 Baltimore, MD 21203 (404) 331-0170 (Atlanta) or (410) 962-6058
Government Pensions
The following is a listing of agencies that should be contacted if your pension is through the federal government, military, a state, county or town.
1. Federal Government
Civil Service:
Office of Personnel Management (OPM) Retirement Information Office 1900 E Street, NW Washington, DC 20415 (888) 767-6738
Federal Employees under the Federal Thrift Plan:
Federal Retirement Thrift Investment Board 1250 H Street, NW, Suite 400 Washington, DC 20005 (202) 942-1600
For other federal government pensions not listed here, contact the personnel office of that agency for the address of the retirement office. For additional assistance with pension problems, call the Georgia Senior Legal Hotline at (404) 657-9915 or (888) 257-9519.
2. Military Pensions
All branches of the Armed Services have recently consolidated their pension information efforts and are located in one building and with the same 1-800 number. This number is also appropriate for former spouses or survivors of military employees with Court Orders for sharing pensions:
Military Retired Pay Center 1240 East 9th Street Cleveland, OH 44199 (800) 321-1080
3. State, County, City and Town Pensions
Contact the personnel office of the employer. If the office is unresponsive, contact your state legislator or state attorney general.
For additional assistance with pension problems, call the Georgia Senior Legal Hotline at (404) 657-9915 or (888) 257-9519.
From Access: Benefits and Resources for Older Georgians Last Updated October 2002
Natalie Thomas Georgia Department of Human Resources Division of Aging Services Two Peachtree Street, NW 36th Floor Atlanta, Georgia 30303-3142 (404) 657-5258
Last Reviewed On: 05/06/08
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Copyright and Use Notice
This material is copyrighted by the authoring organization or individual. Legal information can change rapidly. Provided links are kept updated, permission is given to link to this material from a nonprofit, court or government website. Website material may be printed, copied and distributed only in its original format for non-commercial, informational purposes. The material may not be altered from its original format. Reproducing the material to promote a commercial purpose is expressly prohibited. Commercial enterprises are expressly forbidden from linking to our material or using our material in other ways. Legal Aid and GLSP are not liable for the distribution of out-of-date material or links. To inquire about appropriate use of this material, please contact 404-524-5811.
Information Not Legal Advice
LegalAid-GA.org provides general information only. This is not legal advice and cannot replace legal advice. You can get legal advice only from a lawyer. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Viewing this web site or sending an e-mail message through this web site does NOT create an attorney-client relationship.
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