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Employee Retirement Income Security Act Section 510

Section 510 of the Employee Retirement Income Security Act (ERISA) prevents employers from taking actions that might abridge or impair an employee from collecting benefits. Section 510 also prevents an employer from taking punitive action against a participant for exercising his or her rights under an employee benefit plan. More specifically, Section 510 of ERISA bars employers from (1) discriminating or taking adverse action against plan participants or beneficiaries for exercising their rights under ERISA plans, (2) interfering with participants' or beneficiaries' attainment of rights under ERISA, and (3) retaliating against individuals for giving information or testifying in any inquiry or proceeding under ERISA. For example, Section 510 would prohibit an employer from terminating an employee, without cause, immediately prior to the date on which he or she is scheduled to become vested in the company's pension plan. See also Employee Retirement Income Security Act of 1974.


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