Can an employer who has laid off a worker keep control of a pension?

UPDATED: May 20, 2009

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Can an employer who has laid off a worker keep control of a pension?

I worked for a company in Illinois for 9 years but was not given any info on my Defined Benifits Retirement fund for over two years. Now when I am laid off the employeer want to keep the pension money until October. He told me that he does not have to make the final ayment until then because it can be extended and paid late like taxes. I was laid off on Dec. 17th 2008.

Asked on May 20, 2009 under Employment Labor Law, Illinois


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am unsure why you would wait until now (after not getting the information for two years) but your best is to contact your state's Dept of Labor.  Something doesn't sound right and this may be more of a matter of getting all your benefits in a timely fashion rather than having the employer choose when you get them based on his or her needs.

Try the Illinois Department of Labor at and also the U.s. Dept of Labor See also

If you find there are violations, you can exercise your administrative rights through the above agency and think about also exercising your civil litigation rights through hiring private counsel at

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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