Legal Question in Employment Law in Florida
pension
When I moved to Florida, the drivers license dept. made a mistake on my license making me 3 years younger than I really am. When I was employed I told the clerk about the mistake and she said I had to put what was on my license, so I did. I worked for this company for 9 years and I will be 65 this month and eligible to withdraw my pension but with their records I want be 65 for 3 more years. Can they legally keep me from getting my pension? The mistake on my license was made a year before my employment. I wasn't trying to deceive anyone for personal gain. Thanks, Carmen
2 Answers from Attorneys
Re: pension
it may be easiest to obtain a copy of your birth certificate (if possible) or some other document from your bank, for example, certifying your actual age; Passport, etc.
Re: pension
Just to add to Keith Stern's advice. What controls is the pension plan documents and if those say you get your pension when you turn 65 then you get your pension when you turn 65, not 62. The law here is called ERISA. It's a complicated law with a lot of technical procedural requirements. You need to push this through your employer, and through the company managing the pension plan (if different). They are required to provide you with all information concerning this and how to go about obtaining your pension and how to appeal any denial of your pension. Good luck, and if you have any questions, send me an email at [email protected]
Sterling L. DeRamus
Attorney at Law
2015 First Ave. North
Birmingham, Alabama 35203
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