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Individual pension promise treated as an employment contract
Summary A former employee asked whether ERISA gave him relief under an individual agreement promising a pension at age 65. DOL concluded that the agreement was an employment contract rather than an ERISA employee pension benefit plan. It did not advise him about any contract rights he might have outside ERISA.
Document
Federal opinion letter
Agency
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
Document number
P/OPINION 76-79
Date issued
May 25, 1976
Status
Unknown
EBSA's index does not mark withdrawn or superseded opinions; still posted on dol.gov as of 2026-10-26.
Status last verified October 26, 2026
Topics
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About this page: The full text below is the official document from U.S. Department of Labor, Employee Benefits Security Administration (EBSA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.
P/OPINION 76-79
3(2)
May 25, 1976
Dear :
This is in response to your inquiry directed to our Area Office on behalf of and concerning the Employee Retirement Income Security Act of 1974 (ERISA). We regret that we were unable to reply to you earlier.
In 1973, entered into an agreement with his employer, Theatres , Inc., under which he would be paid a pension benefit upon his reaching age 65. was terminated from his employment on January 12, 1976, prior to being vested with any portion of his retirement benefit, and he asks whether or not the ERISA will afford him any relief.
We have concluded that the agreement between and his employer is an employment contract and is not an "employee pension benefit plan" as that term is defined in the Act. Therefore, as the agreement is not subject to the requirements of the ERISA, we are not in a position to advise as to what rights, if any, he might have under such agreement.
We regret our inability to be of service in this instance. We are returning herewith the copy of the agreement that was forwarded to us.
Sincerely,
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