Pension plans typically require that an employee retire, thatis, cease working for the company, before being eligible for thereceipt of pension benefits. In some cases, however, plans willrequire the payment of pension benefits while persons are stillemployed. In addition, the Internal Revenue Code requires that someemployees who continue working beyond the age of 70 be paid theirbenefits prior to retirement. In-service pension payments may not,however, be used to force an employee to retire.
Many charges alleging discrimination in employee benefits --including leave, profit sharing, and educational stipends -- can beresolved using standard theories of disparate treatment anddisparate impact. The issues with regard to these types of benefitswill typically be whether the differential was based on a protectedclassification or had the effect of discriminating, and whether theemployer has a defense to that discrimination.
Employee Benefits section of the EEOC’s Compliance …
If a worker believes they have sustained a compensable injury, an Employee Claim may be filed with the Workers' Compensation Commission to receive a determination regarding the type and amount of any benefits to which the worker may be entitled.
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Qualified dependent children are covered until the end of the month after their 19th birthday or their marriage, if earlier. Eligibility may be extended beyond an eligible child's 19th birthday to the 24th birthday as long as the child is otherwise eligible and a full-time student. In addition, eligibility is extended to a child with a disability which prevents the child from being able to obtain meaningful, gainful employment. The dependent must have been eligible for benefits prior to his/her 19th birthday and such disability must occur or exist on the date eligibility would normally end. Proof of such disability must be provided to the plan administrator or the insurer prior to the child's 19th birthday, or in any event, no later than 20 days following age 19. If approved, eligibility for such a child will be continued as long as the child lives with the employee.
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Severance benefits are benefits offered to employees who areterminated from their jobs. In many instances, severance benefitswill be provided when an employee is terminated for reasons otherthan his/her performance or conduct -- that is, most typically, inreductions-in-force or downsizing due to economic or businessconcerns. Severance benefits can be provided based on a unilateraldecision by the employer or through the terms of a collectivebargaining agreement. The amount of severance benefits paid alsovaries by employer. For example, some employers pay a set amount toall separated employees. Others may pay a week's salary for eachyear of service rendered by separating employees.
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Retirement benefits provide former employees with a source ofincome after completion of their employment. These benefits arecalled service retirement or pension benefits. They can bedistributed in a lump sum or as annuities that are paidperiodically for life.
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Once appropriate determinations have been made in specific cases, it is the responsibility of the insurance carriers and self-insured employers to make timely benefit payments to injured workers as required by the Commission's awards and orders.