You may have ERISA Section 510 Claim if you are let go when you are near meeting the rule of 75

Be sure to consult with an employment lawyer who is knowledgeable about ERISA, before you sign a general release and waiver (in order to receive severance); you may have an ERISA section 510 claim if you are let go when you are close to meeting the rule of 75. That means significantly reduced pension benefits if you leave before meeting the rule of 75. The termination may constitute a denial of ERISA benefits and age discrimination.

Also, class action lawsuits are possible for this type of ERISA claim.

Don't leave voluntarily and consult with an employment lawyer before signing away your rights!

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No matter what your age is you need 20yrs service or you take a Huge loss....a age of 53 and 23yrs service should be able to leave now if you wanted....this is on the craft side.

Age Term of Employment

Any Age 30 years

50 25 years

55 20 years

65 or older 10 years

You have to meet either 25 years of service or 55 years of age when you hit the modified 75 rule. I will be 53 and have 23 years of service when I reach the magical number which means I have to work two more years to qualify. By that time I will reach 80. Just when I thought I had 5 years to go I find out I really have 7 years. I can only pray to last 5 more years and pray to God that they will still be offering the TLOA (Temporary Leave of Absence).

See an employment lawyer. You are correct that AT&T uses a modified rule of 75.

I'm getting screwed by this. AT&T doesn't use a "Rule of 75" but rather a "Modified Rule of 75" which has specific age & service brackets that must be met. I have a combined total of 77 years of age & service but don't qualify for early retirement. I started at a young age right out of college, have given many years of hard work to AT&T, and am being penalized for it.

Thread regarding AT&T Inc. layoffs

You may have ERISA Section 510 Claim if you are let go when you are near meeting the rule of 75

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