Best Retirement Lawyers in California

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Rutan & Tucker lawyers
Irvine, United States

Founded in 1955
500 people in their team
English
Rutan & Tucker lawyers are experienced and highly regarded experts, delivering sophisticated and superior client service and value in a wide-range of practice areas, markets and industries. Our lawyers enjoy what they do and appreciate the opportunity to help our clients achieve their goals. We...
Cerritos, United States

English
The Law Offices of James Yang, based in California, specializes in workers' compensation and employment law. The firm is dedicated to protecting the rights of individuals who have suffered workplace injuries or faced employment discrimination, ensuring they receive the compensation they deserve....
Betts Law Group PC
San Diego, United States

Founded in 2021
English
Betts Law Group PC, based in San Diego, California, is a boutique law firm specializing in professional athlete workers' compensation claims and civil litigation for survivors of sexual assault, personal injury, and employment disputes. Since its inception in 2021, the firm has successfully...
RP Law Group
San Bernardino, United States

Founded in 2003
English
RP Law Group, based in Riverside, California, specializes in workers' compensation and personal injury cases. Founded in 2003 by attorney Raj Patel, the firm has successfully handled over 1,000 cases, recovering millions in compensation for clients. Their expertise encompasses a wide range of...
Banker's Hill Law Firm, A.P.C.
San Diego, United States

Founded in 1991
English
Banker’s Hill Law Firm, A.P.C. is a distinguished legal practice based in California, committed to delivering effective representation across multiple practice areas. With a strong focus on labor relations and personal injury law, the firm’s attorneys possess a wealth of experience in fighting...
BakerHostetler attorneys
Los Angeles, United States

Founded in 1916
5,000 people in their team
English
Established in 1916, BakerHostetler is one of the largest law firms in the U.S., with more than 1,000 lawyers and 18 offices across the country. We handle clients’ most critical legal matters - securing advantageous outcomes amid regulatory scrutiny and bet-the-company litigation; closing deals...
Roxborough, Pomerance, Nye & Adreani, LLP
Woodland Hills, United States

Founded in 1996
50 people in their team
English
Just the facts-Founded in 1996, RPNA is a boutique law firm dedicated to providing businesses with a broad range of legal services. RPNA advises clients through out California with offices in Woodland Hills, Los Angeles, and Sacramento.Our attorneys are the authorities in business law-RPNA...
Paul Hastings
Century City, United States

Founded in 1951
5,000 people in their team
English
With widely recognized elite teams in finance, mergers & acquisitions, private equity, restructuring and special situations, litigation, employment and real estate, Paul Hastings is a premier law firm providing superior intellectual capital and execution globally to the world’s leading...
Wrongful Termination Law Group
Cerritos, United States

English
Wrongful Termination Law Group is a highly respected California-based law firm devoted exclusively to protecting the rights of employees who have experienced unlawful termination, discrimination, or workplace retaliation. The firm's skilled team of attorneys brings decades of specialized experience...
Nye, Stirling, Hale Miller & Sweet, LLP
Santa Barbara, United States

Founded in 1989
15 people in their team
English
Nye, Stirling, Hale, Miller & Sweet LLP is a civil litigation firm with a national reputation for pursuing complex, high-stakes matters on behalf of individuals and institutions. The firm focuses on litigation in areas including education, employment, civil rights, intellectual property, consumer...
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About Retirement Law in California, United States

Retirement law in California covers a wide range of legal matters related to ending full-time employment, receiving retirement benefits, and planning for financial security in later life. The legal landscape includes federal programs such as Social Security and Medicare, as well as state public employee retirement systems, private retirement plans, and laws protecting older adults from financial exploitation. California has unique regulations that further protect retirees and govern pension rights, health care, estate planning, and age discrimination.

Why You May Need a Lawyer

Legal issues surrounding retirement can be complex and overwhelming. You may need to consult a lawyer in any of the following situations:

  • Understanding your eligibility for Social Security, CalSTRS, CalPERS, or other pension benefits
  • Disputes regarding retirement benefits or pension plan calculations
  • Assistance with retirement account distributions, tax implications, or required minimum distributions
  • Estate planning, such as preparing or updating wills, trusts, and advance health care directives
  • Protecting assets from fraud or financial exploitation
  • Concerns about age discrimination in the workplace or forced early retirement
  • Transitioning from employment-based health insurance to Medicare or Medi-Cal
  • Dividing retirement assets in divorce or legal separation proceedings
  • Planning for long-term care or assisted living needs
  • Resolving issues with public benefits, such as eligibility or overpayment disputes

Local Laws Overview

California applies both federal and state laws to retirement-related matters. Key aspects include:

  • State Retirement Systems: Public employees may be covered by CalPERS (California Public Employees’ Retirement System), CalSTRS (California State Teachers’ Retirement System), or county-level systems. Each plan has specific rules about service credits, retirement options, survivor benefits, and disability retirement.
  • Private Retirement Plans: Employers must comply with federal ERISA requirements and state laws ensuring the fair administration of pension plans, 401(k)s, and IRAs. California law provides additional protection in areas such as community property rights for spouses.
  • Health Care: California retirees may be eligible for Medicare at age 65 and, depending on income, may also qualify for Medi-Cal benefits. There are state programs that provide additional help, including the California Health Insurance Counseling and Advocacy Program (HICAP).
  • Protection from Financial Abuse: California’s Elder Abuse and Dependent Adult Civil Protection Act provides remedies and preventive tools for retirees facing financial exploitation.
  • Employment Rights: The California Fair Employment and Housing Act (FEHA) and the federal Age Discrimination in Employment Act (ADEA) protect older workers from discrimination based on age.
  • Community Property: California is a community property state, and this affects how retirement benefits are divided in divorce proceedings.

Frequently Asked Questions

What is the minimum age to retire and receive benefits in California?

For Social Security, the minimum age for early retirement is 62, but full benefits start between 66 and 67, depending on your birth year. For CalPERS or CalSTRS, minimum retirement ages depend on your specific plan, but often begin at 50, 52, or 55 with enough service credit.

How are retirement benefits divided in a divorce?

In California, retirement benefits earned during a marriage are considered community property. This means they are subject to equal division upon divorce, and a court order (QDRO) is typically needed to split these assets.

Can my pension be reduced or taken away?

Generally, vested pensions cannot be taken away or reduced, but certain circumstances such as employment fraud or plan insolvency can impact benefits. Pension plans are regulated to provide protections, and legal help is available if your benefits are threatened.

What are the tax implications of receiving retirement benefits?

Different types of retirement income are taxed differently. Social Security may be partially taxable, while withdrawals from traditional IRAs or 401(k)s are usually fully taxable, and Roth accounts can be tax-free. State income tax may also apply. It is advisable to consult a tax specialist or lawyer for guidance.

How can I protect myself from financial abuse as a retiree?

California law provides strong protections against financial abuse of elders. Legal options include restraining orders, reporting abuse to Adult Protective Services, and seeking help from an attorney to recover lost assets.

Does California require employers to provide a retirement plan?

Most private sector employers in California must either offer a qualified retirement plan or register for CalSavers, a state-run IRA program, unless certain exemptions apply.

Can I be forced to retire because of my age?

No, both federal and state laws prohibit age-based discrimination and forced retirement, with limited exceptions for certain occupations (such as public safety). Legal remedies exist if you believe your rights have been violated.

What happens to my health coverage when I retire?

You may become eligible for Medicare at age 65, and for retired public employees, some health benefits may continue through CalPERS. It is important to plan for the transition from employer health insurance to other coverage options.

How do I choose the right time to retire?

Choosing when to retire involves financial, health, and personal considerations, including eligibility for maximum benefits, availability of health care, and your personal goals. A legal or financial adviser can help analyze your options.

What can I do if my retirement benefits are denied or miscalculated?

If you believe your benefits have been wrongly denied, delayed, or miscalculated, you can appeal the decision with your retirement plan administrator. If unresolved, seek legal advice to advocate for your rights and file complaints as necessary.

Additional Resources

If you need information or assistance on retirement matters in California, consider these reputable resources:

  • California Department of Aging
  • California Public Employees’ Retirement System (CalPERS)
  • California State Teachers’ Retirement System (CalSTRS)
  • California Health Insurance Counseling and Advocacy Program (HICAP)
  • Social Security Administration
  • U.S. Department of Labor, Employee Benefits Security Administration
  • California Department of Fair Employment and Housing (DFEH)
  • Adult Protective Services (APS) - Contact your local county office
  • Legal Aid organizations serving seniors

Next Steps

If you believe you need legal assistance regarding retirement in California, here are recommended next steps:

  • Gather all relevant documents such as retirement account statements, pension plan brochures, and correspondence related to your retirement issue
  • Write down a summary of your questions or legal concerns to discuss with a professional
  • Contact the relevant retirement plan administrator to clarify your options and rights
  • Reach out to a qualified attorney who specializes in elder law, retirement planning, or employee benefits
  • Consider consulting with a financial planner for additional guidance on retirement planning
  • If you are facing urgent issues such as denial of benefits or suspected financial exploitation, seek legal advice as soon as possible
  • Use the resources listed above to understand your rights and locate legal help in your area

Taking these steps can help you protect your finances, understand your rights, and enjoy a secure retirement in California.

Lawzana helps you find the best lawyers and law firms in California through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Retirement, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in California, United States - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.