The Pension Reform Act of 2006 modified tax law to allow participants in 401k and 403B plans to begin withdrawals at age 62 and continue working for the same employer. It also allowed pension plans like ours to adopt a similar rule should the obligation to be fiscally prudent allow for this more generous benefit. The AFM-EPF trustees declined to make that early retirement benefit change in order to protect the benefit multiplier which affects all participants.
The Fund instituted new procedures as of April 1, 2008 to verify early retirement eligibility. The procedures are explained in detail in the most recent issue of Pension Fund Notes which is online.
Eligibility Rules
The rules of the American Federation of Musicians and Employers Pension Fund and ERISA have always required that you retire in order to receive a benefit before reaching the normal retirement age. This has not changed.
Musicians taking an early retirement benefit must do no work for a contributing employer for at least 60 days following the retirement date.
For example: if you retire from a Broadway show you must do no covered work for at least 60 days. If after that period you change your mind about retirement and are contacted by a different employer, you may resume work and still collect a pension.
Enforcement Methods
The eligibility rules are the same as in prior years but they will be more strictly enforced going forward. For example, if you retire from a tenured position your employer will be contacted to confirm your last date of employment, that you have actually retired and are not expected to return.
For a very long time the overwhelming number of private and public pension funds have required such a statement from employers before starting benefit payments in order to protect against the fraudulent collection of benefits. This verification process is new for our pension fund but is standard operating procedure in the world of pensions.
As of April 1 this year the contribution records will also be monitored to ensure that the 60 day rule is observed. The early retirement eligibility rules have not changed but the processes the Pension Fund goes through to monitor compliance with the rules have been tightened up. The details are here: Pension Fund Notes