Flora has been working at Abacrux Inc. for four-and-a-half years. Her pension plan will vest at her five-year work anniversary. She has had great performance evaluations and has received regular raises and promotions. The internal finance department has determined that cost cutting is needed to keep the company profitable. They recommend that Flora be fired before her pension vests and becomes a permanent liability against the corporation. According to the ______ they cannot fire her to prevent her from getting vested pension rights.

A. Employee Retirement Income Security Act (ERISA)
B. Consolidated Omnibus Budget Reconciliation Act (COBRA)
C. Health Insurance Portability and Accountability Act (HIPPA)
D. Fair Labor Standards Act (FLSA)
E. Immigration Reform and Control Act (IRCA)

Respuesta :

Answer:

Employee Retirement Income Security Act (ERISA)

Explanation:

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans.

ERISA requires plans to provide participants with plan information including important information about plan features and funding; sets minimum standards for participation, vesting, benefit accrual and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to establish a grievance and appeals process for participants to get benefits from their plans; gives participants the right to sue for benefits and breaches of fiduciary duty; and, if a defined benefit plan is terminated, guarantees payment of certain benefits through a federally chartered corporation, known as the Pension Benefit Guaranty Corporation (PBGC).

In general, ERISA does not cover plans established or maintained by governmental entities, churches for their employees, or plans which are maintained solely to comply with applicable workers compensation, unemployment or disability laws. ERISA also does not cover plans maintained outside the United States primarily for the benefit of nonresident aliens or unfunded excess benefit plans.