Retirement benefit

Definition and stakes

Employee Retirement Income Security Act of 1974…

“ The term "normal retirement benefit" means the greater of the early retirement benefit under the plan, or the benefit under the plan commencing at normal retirement age. The normal retirement benefit shall be determined without regard to (A) medical benefits, and (B) disability benefits not in excess of the qualified disability benefit. For purposes of this paragraph, a qualified disability benefit is a disability benefit provided by a plan which does not exceed the benefit which would be provided for the participant if he separated from the service at normal retirement age. ”
Source: Wikisource

Portrait of Anthony Kennedy Anthony Kennedy,  Public Employees Retirement System of Ohio v…

“ All parties apparently concede, moreover, that PERS' plan is "bona fide," in that it " 'exists and pays benefits.' " McMann, 434 U.S., at 194, 98 S.Ct., at 446; see id., at 206-207, 98 S.Ct., at 451-452 (WHITE, J., concurring in judgment) . Finally, whatever the precise meaning of the phrase "any . . . employee benefit plan such as a retirement, pension, or insurance plan," see infra, at 173-175, fn. 4, it is apparent that a disability retirement plan falls squarely within that category. ”
Source: Wikisource

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