Pension Advance Schemes

Download this PDF - View all Publications

Some companies attempt to convince people to hand over some of their monthly pension payments in exchange for a short-term loan. Exchanging future pension benefits for quick cash now might seem enticing but can be a very expensive way to borrow money and result in low monthly pension payments for years to come.

How the Scheme Works

You might find a website online, see an ad that promises quick cash, receive a telephone call from an outfit with an official-sounding name, or get referred to a company by an acquaintance.

The company offers a lump sum payment (i.e., a loan) today in exchange for the right to a portion of your future monthly pension payments. These agreements are an expensive way to borrow money. In addition to taking some of your pension check for as long as the next five or ten years, these agreements may include additional hefty fees. The payment you get today is often only a small fraction of the amount you must eventually pay back to the company. You should also be aware that, despite what companies say, courts may consider these agreements to be loans subject to state lending and usury laws.

For example, a company may offer a lump sum payment of $1,500 to a Minnesota veteran in exchange for the right to receive $300 a month for the next five years from his future military pension payments. In total, the veteran is required to pay the company $18,000 from his military pension payments, which is a 240% interest rate on the $1,500 he borrowed.

Points to Consider Before Agreeing to a Pension Advance:

Military Pensions

Regardless of what the company may tell you, be aware that federal law generally prohibits the assignment of your military pay or pension benefits to a pension advance company. In addition, as of August 1, 2018, Minnesota law also generally prohibits such assignments.

Consider Alternatives

As an alternative to a pension advance, you might consider a loan through your bank or credit union. If you are behind on bills, your creditors may be willing to work with you if you contact them right away and ask for more time. If you would like assistance in managing your finances, you may wish to contact a reputable nonprofit credit counseling agency, which may be able to help you develop a budget or debt management plan.

For more information, you may contact the Minnesota Attorney General’s Office:

Office of Minnesota Attorney General Keith Ellison
445 Minnesota Street, Suite 600
St. Paul, MN 55101
(651) 296-3353 (Twin Cities Calling Area)
(800) 657-3787 (Outside the Twin Cities)
(800) 627-3529 (Minnesota Relay)

Related Posts:

Seniors Legal Rights

This Handbook is designed to provide Senior Citizens with information regarding legal rights covering topics as consumer protection, consumer rights, charitable giving, investments, healthcare, and more.

Seniors' Guide to Fighting Fraud

This guide will inform you about the common scams aimed at seniors and the steps consumers can take to thwart the swindlers.

Living Trust Mills

With the aging population, many people are thinking of estate planning. You should steer clear of "living trust mills," which hold themselves out as estate planning specialists but churn out boilerplate documents for a high fee, all to get their foot in the door to sell you annuities or insurance products later on.