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Frequently Asked Questions

Frequently Asked Questions

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Question: Is there a federal pension law that governs cash balance plans?

Answer: Yes. Federal laws, including the Employee Retirement Income Security Act (ERISA), the Age Discrimination in Employment Act (ADEA), and the Internal Revenue Code (IRC), provide certain protections for the employee benefits of participants in private sector pension and health benefit plans.

If your employer offers a pension plan, the law sets standards for fiduciary responsibility, participation, vesting (the minimum time a participant must generally be employed by the employer to earn a legal right to benefits), benefit accrual and funding. The law also requires plans to give basic information to workers and retirees. The IRC establishes additional tax qualification requirements, including rules aimed at ensuring that proportionate benefits are provided to a sufficiently broad-based employee population.

The U.S. Department of Labor, the Equal Employment Opportunity Commission (EEOC), and the Internal Revenue Service (IRS) have responsibilities in overseeing and enforcing the provisions of the law. Generally, the U. S. Department of Labor focuses on the fiduciary responsibilities, employee rights, and reporting and disclosure requirements under the law, while the EEOC concentrates on the portions of the law relating to age discriminatory employment practices. The IRS generally focuses on the standards set by the law for plans to qualify for tax preferences.