Federal Law Reference for Women's Rights
RETIREMENT & ECONOMIC SECURITY
Federal law governs retirement savings, pension protections, and Social Security benefits. The Department of Labor Employee Benefits Security Administration and the Social Security Administration are the primary agencies.
Social Security Act — Retirement and Survivor Benefits
42 U.S.C. § 401 et seq.
Social Security provides retirement, disability, and survivor benefits to eligible workers and their dependents. Women are disproportionately represented among survivor and spousal benefit recipients. Benefits are calculated based on lifetime earnings, which means wage gaps during working years compound into lower retirement benefits.
Employee Retirement Income Security Act of 1974 (ERISA)
29 U.S.C. § 1001 et seq.
Sets minimum standards for most voluntarily established retirement and health plans in private industry. Requires plans to provide participants with information about plan features and funding, and establishes fiduciary duties for plan administrators. Enforced by the DOL Employee Benefits Security Administration.
Retirement Equity Act of 1984
Pub. L. 98-397, amending ERISA and the Internal Revenue Code
Amended ERISA to provide greater retirement equity for women and surviving spouses. Requires spousal consent before a participant can waive survivor annuity benefits, and lowered the age and service thresholds for participation in pension plans.
Qualified Domestic Relations Orders (QDROs)
29 U.S.C. § 1056(d)(3)
Allows a portion of an employee's retirement plan benefits to be paid to an alternate payee — typically a former spouse — pursuant to a divorce, separation, or support order. Important for women who spent time out of the workforce as caregivers and may have limited individual retirement savings.
Supplemental Security Income (SSI)
42 U.S.C. § 1381 et seq.
Provides monthly payments to adults and children with limited income and resources who are aged, blind, or disabled. Women represent the majority of SSI recipients aged 65 and older. Administered by the SSA.
Retaliation Protections
29 U.S.C. § 1140 (ERISA)
ERISA prohibits employers from retaliating against employees who exercise their rights under a retirement or benefit plan, including filing a claim or testifying in a proceeding. Complaints may be filed with the DOL Employee Benefits Security Administration.