Help Wanted: Unraveling web of benefits

DEAR CARRIE: I am a 611/2- year-old male [and] lost my job in 1991 after 21 years at the same company. In 2004, when I was 54, I elected to receive early-retirement benefits. I could have received $998 monthly, but that amount was cut by almost $400 because of my age. In December I received a letter from the company's benefits department indicating that since I will be turning 62 this year, my pension amount would be cut to $152.77 and that Social Security would pick up the difference this year. When I called the Social Security, it also said I would be penalized if I applied for Social Security benefits before my 65th birthday. It suggested I contact the company human-resources department for more details. But human resources said it cannot do anything further. I don't feel I should lose 21 years of contributions to a pension because I retired early. -- Pension Maze

DEAR PENSION MAZE: This situation has nothing to do with the Social Security Administration, said attorney Troy G. Rosasco of Turley Redmond Rosasco & Rosasco in Ronkonkoma. "Rather, it really is an issue of your former employer's pension plan and how that plan integrates with your Social Security retirement benefits," he said.

It appears your monthly company pension benefit is offset by anything you would receive in Social Security retirement benefits, regardless of whether you elect to take early Social Security at 62 or at your full retirement age, he said. He said you should send a written request to the human-resources department of your previous employer asking for a copy of the pension summary-plan description, which should detail how your pension integrates with Social Security.

Under the federal Employee Retirement Income Security Act, the employer must provide this document to you within 30 days of receiving your written request or face financial penalties.

DEAR CARRIE: Two women I know married the same man. One divorced him, and the other is his widow. Both say they can collect under his Social Security. Are they correct? -- Too Social?

TOO SOCIAL: Yes, they are correct, Rosasco said. Both can collect survivor benefits on the earnings record of a divorced ex-husband or deceased husband, if they meet certain requirements.

First, the divorced spouse must have been married to the deceased for at least 10 years and not be remarried before age 60 (age 50 if disabled), he said. The widow must have been married to the deceased for at least nine months before his death, with certain exceptions if she is caring for a minor or disabled child of the deceased.

DEAR CARRIE: We work in New York for a California-based company. Whenever a labor issue comes up such as overtime pay, we are told that the company adheres to California law. Is an employer supposed to comply with the laws of the state where the work is done or where the headquarters are? We are even told managers can't close the office during a blizzard here, because it's not snowing in California.

-- California Steamin'

DEAR CALIFORNIA: If you work in New York, your company has to adhere to state labor laws here or federal laws, whichever are more stringent. Your employer can adhere to California law if it gives employees more than the other laws. But the company cannot give them less. As for the blizzard remark, the company's answer is puzzling. Generally companies aren't required to close their offices because of inclement weather. The weather in California has nothing to do with it.