### Question
How does EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM define earliest retirement age?


### Answer
Under *29 U.S.C. § 1056*, **earliest retirement age** is defined as:

> the earlier of—


(I) the date on which the participant is entitled to a distribution under the plan, or


(II) the later of the date of the participant attains age 50 or the earliest date on which the participant could begin receiving benefits under the plan if the participant separated from service

#### Citation:
  - *29 U.S.C. § 1056*
  - Heading: **CHAPTER 18-EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM > SUBCHAPTER I-PROTECTION OF EMPLOYEE BENEFIT RIGHTS > Subtitle B-Regulatory Provisions > part 2-participation and vesting**

