General Discussion
In reply to the discussion: My story can be found on page 137 of 'How to Destroy the Middle Class' playbook .... [View all]spooky3
(38,589 posts)Last edited Wed Apr 23, 2014, 12:46 PM - Edit history (1)
terminated from service, not when you began. Plans had to be amended to comply with the law as it changed over time. The major pension law amendments (requiring no more than 10-15 years for full vesting) were provided by ERISA in 1974. Since that time, statutes further amending the body of pension law have required MORE generous vesting to employees. These laws apply regardless of whether employees contribute to the plan, though where employees contribute they are always 100% vested in the accrued benefit derived from their own contributions.
I am not an attorney, but I worked for the IRS many years back, specializing the pension area. So unfortunately I am not connected to be able to give you a referral to an attorney, but I hope some of the info below can be helpful. I notice also that another poster provided some very good info for you.
How many years of service did you have when you terminated?
Please see the link I provided, which goes directly to the IRS explanation, which also links the relevant technical information. There is also an IRS publication specifically addressing pension plans.
The only possible exception I can think of is for collectively bargained plans in the private sector. If that is what your employer had, you can probably research this online to determine if your plan was exempt from the minimum vesting standards or if different rules apply. However, the pension law is complex and there may be something else unique to your plan that I can't possibly know about.
You should have received a "layperson's language" description of your plan, which should include a description of the vesting rules followed in the plan. You could also contact the IRS (Employee Plans Division) or Department of Labor to see if they can help, though they are so underfunded and understaffed, they may not be able to do so. In the past, the IRS agents were responsible for the initial approval of the plan documents (required for the plan to qualify for the favorable tax treatment) and to audit the plans in operation. You may have a right to get a copy of the full plan document from IRS. The DOL was responsible for certain other aspects of enforcement in operation. But this may have changed over time.
See also these links:
http://www.irs.gov/Retirement-Plans
http://news.wolterskluwerlb.com/news/irs-employee-plans-unveils-operating-priorities-for-fy-2013/
http://www.law.cornell.edu/uscode/text/26/411
On edit, here's another link that could be helpful:
http://www.irs.gov/pub/irs-pdf/p4962.pdf
"A basic requirement to keep in mind for the vesting standards
is that each participants vested interest must satisfy the
statutory minimum at all times."
Good luck. You have my sympathy. But if you have time and access to a connected computer, you can research the situation (without an attorney).