常见问题
本讨论仅旨在提供一般信息；它不打算作为法律意见的替代品。此外，关于养老金权利的更详细的讨论——仍然不能代替法律建议——可以在劳工部出版物《关于你的退休计划你应该知道什么》中找到。
问：我的雇主是否必须提供退休金计划？问：所有的养老金计划都差不多吗？问：哪种计划更常见？问：我拥有的主要权利有哪些？问：什么决定了我的权利？
问：我怎样才能知道适用于我的规则？问：我怎样才能知道我能得到什么好处？
问：什么是授权？问：如果我在离开公司时没有被授予权利，这是否意味着我什么都得不到，甚至是从我的工资中扣除的养老金？问：我必须为雇主工作多久，才可获得授权？
问：我怎样才能知道我的退休金计划是否得到了诚实和称职的管理？问：如果领取养老金的配偶去世，寡妇（和鳏夫）是否有任何保护？问：离婚后工人的退休金会怎么样？
问：我有什么退休计划？问：怎样才能最大限度地利用我的401(k)养老金？问：我可以在退休或离开公司之前从401(k)账户中提取资金吗？问：当我离职时，我的401(k)计划会发生什么？问：如何寻找和选择理财规划师？我需要吗？
问：我如何帮助那些对养老金福利有疑问或有问题的人？
General Information
Q: Is my employer required to offer a pension plan?
A: No. Many employers want to offer pension plans, not because of the law but because it helps them to recruit and keep good workers, or because a union has won a pension plan in negotiations. However, once an employer does offer a pension plan, several federal laws (passed in 1974 and since) set guidelines for how the plan must operate.
Q: Are all pension plans more or less the same?
A: No. But there are two broad categories of plans, and within each category there are important common features.
• In a defined-benefit plan, once you qualify for a benefit, the amount of your benefit is determined by a set of factors such as your years of service, your salary, and your age at retirement. The employer is responsible for funding the plan to cover the promised benefits and — for most private plans at least — the federal Pension Benefit Guaranty Corporation guarantees the benefits.
• In a defined-contribution plan, the plan sets what the employer and/or you contribute to the plan, but makes no guarantee as to what benefits you will receive. Benefits are determined by the money contributed, and its growth, if any. Profit-sharing plans and 401(k) plans are examples of this kind of pension plan. They offer greater opportunities, and greater risks.
Within each of these categories, there’s room for great diversity in provisions. Read our fact sheet on understanding the difference between defined-contribution plans and defined-benefit plans.
Q: Which type of plan is more common?
A: Defined-benefit plans used to be much more common, but now the defined-contribution plans have become more popular with employers. From the employer’s point of view, they involve fewer risks, and less federal regulation.
Q: What are the principal types of rights that I have?
A: Speaking very generally, you have the right to:
• specific information about the plan, including a Summary Plan Description, which informs you of the terms of the plan;
• to be paid the benefits in which you vest; and
• honest administration of the plan.
Q: What determines my rights?
A: The immediate source of your rights is the plan document that contains the rules for your particular pension plan. If you have already left the company, your pension rights are determined by the rules in effect when you left; changes since then don’t apply to you. An equally important source of your rights is the federal laws that specify what kinds of provisions must be included in the plan documents.
Your Right to Know
Q: How can I find out the rules that apply to me?
A: Every pension plan should have a Summary Plan Description (SPD) that states the rules in plain language. It is supposed to be furnished to every worker at the time he or she joins the plan. If you don’t have a copy of the current SPD, you can request one from the plan administrator of your pension plan.
Q: How can I find out what benefits I can expect?
A: Many plans automatically provide a yearly statement that tells you two things: the benefits you have accrued up to now; that is, the benefits that you would be entitled to even if you retired tomorrow and the benefits you can expect if you retire at whatever standard age is specified in your employer's plan. The Pension Protection Act of 2006 requires that plans provide benefit statements to plan participants.
Vesting
Q: What is vesting?
A: Vesting is a guarantee that you will receive the benefits you have earned, regardless of whether you are still working for that particular employer at the time you retire. Pension plans specify a certain amount of time (usually five years, under current federal law) needed before you become vested.
Q: If I’m not vested at the time I leave the company, does that mean I don’t get anything, even the pension money that’s been withheld from my pay?
A: No. You’re always entitled to the money that you yourself contributed to the plan. If you’re not vested, however, you won’t be entitled to the benefits your employer provides.
Q: How long must I work for an employer before I become vested?
A: That depends on the plan and on the vesting requirement that was in place when you left employment. For private plans, federal law provides a minimum vesting requirement, and that requirement has changed. Before 1976, periods of 20 years or more were common, and a plan could even require that you keep working for the company until you retired. From the mid-1970s to the mid-1980s, a vesting period of ten years was most common; since the mid-1980s, it has been five years. However, union plans have just recently been required to reduce vesting requirements to five years. Your Summary Plan Description will explain the plan’s vesting requirement.
Honest Administration
Q: How can I find out if my pension plan is being administered honestly and competently?
A: The Employee Benefits Security Administration of the U.S. Department of Labor is responsible for ensuring that plan administrators operate the plan solely for the benefits of its participants. If you have concerns about your plan, you should contact them at www.askebsa.dol.gov or write them at The U.S. Department of Labor, Employee Benefits Security Administration, 200 Constitution Ave., NW, Room N5625, Washington, DC 20210.
Women and Pensions
Q: Do widows (and widowers) have any protection if the spouse who earned the pension dies?
A: The Retirement Equity Act of 1984 has a provision covering the “joint and survivor” option, which most plans are required to offer. Under this option, the benefits paid to a married worker will be somewhat smaller during his or her lifetime, but will continue after death if the spouse is still living. Under the REA, this option must be chosen unless a waiver form is signed by the spouse.
Q: What happens to a worker’s pension in a divorce?
A: The REA authorizes courts to treat a pension as one of the assets that can be divided during a divorce settlement, but it doesn’t require courts to do so.
Note: The Women's Institute for a Secure Retirement (WISER) is an excellent source of information on pension issues that especially involve women.
退休投资
你的计划可以是固定收益计划或固定缴款计划。每种养老金计划都有优点和缺点。要了解更多信息，请阅读养老金行动中心的情况说明书“了解固定收益养老金计划和固定缴款养老金计划之间的差异”。
要决定供款多少，请考虑年度供款限额以及您的个人需要。如果你的雇主提供了一个匹配，那么你最好贡献足够的钱来获得最大的雇主利益。确保你知道与你的计划相关的费用。此外，请确保您取得一份摘要计划说明及您的年度利益报表。“最大限度地利用你的401(k)”有更多关于注册401(k)退休储蓄账户的信息，以及注册后要记住的重要事项。
问：我可以在退休或离开公司之前从401(k)账户中提取资金吗？
从401(k)账户中艰难提取和贷款通常是一种选择。然而，它可能会对你的退休保障产生长期影响。在提款或贷款之前，请阅读“困难提款和贷款：一些注意事项”。
你可以把钱留在前雇主的保险计划中。如果你这样做，确保他们有你现在的地址！其他选择可能是立即或延期转到你的新雇主的计划，将资金转移到个人退休账户，或提取资金。通过阅读“你的前雇主的401(k)”了解更多信息。
如果你对为退休储蓄有疑问，或者不确定如何计划和执行你的退休目标，雇佣一个财务规划师可能是一个不错的选择。但是，一定要先做作业！你应该知道如何找到一个合格的规划师，他会根据你的最大利益做出决定。在面试潜在的理财规划师时，“寻找理财规划师”有一些有用的问题，以及需要注意的警告信号！
如果理财师的收入来自她所销售的投资产品的佣金，那么她可能会有一种偏向性的动机，把你引向一个可能不符合你最佳利益的特定方向。在美国个人理财顾问协会的数据库中搜索收费理财顾问。
传递爱
向养老金行动中心捐款。该中心的案件由三名养老金顾问和两名律师管理。我们的员工虽然人数不多，却不知疲倦地工作数周，甚至数年，为我们的客户争取养老金福利。事实上，我们每收到一美元的联邦、州和基金会的支持，我们就为我们的客户追回了14美元的养老金。
许多人对他们的退休福利有疑问。我们有答案，有了你的捐款，我们可以帮助更多的人。现在捐赠。
客户成功案例
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