I’m sorry to hear that. I’m no lawyer, but you might want to check around and see if a company can fire someone and seize their pension over this thing. That seems like an HR nightmare to me.
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Unless things have changed and IIRC, all pensions have to be vested by 7.5 Years(that is a partial vesting each year). Or if no partial vesting, then 5 yrs for full vesting. Of course, the formula will give you more benefits for each year of service, so leaving early results in a lesser benefit.
As far as a 401k, that is yours-they can’t take it-as long as you are vested. Of course, even if not vested, the amount you put in is yours.
You can roll that over into an IRA. And you can also draw the money without penalty, using what is known as rule 72T. That is basically a constant periodic amount figured over your lifetime.
Good luck to you and your hubby Mama Shawna.
Thank you.