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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 110346
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Hi i am a union sheet metal worker i am thinking of going none

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Hi i am a union sheet metal worker i am thinking of going none union to get steady employment i have about 10 years in the union i didnt put any of my money towards my pension or401a plan can i draw money from this pension plan also do they have the legal right to take my pension because im working none union now just want no when i retire from the industry will i still have my pension & 401a
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the union placed money into your retirement and/or 401(A) then you can collect only when you reach the age specified in the plan description and only when you are vested in the plan which would be 10 years in the plan maximum. You have to refer to the plan description to see how many years you need in the plan to be vested and if you are vested then you need to see the age you need be to collect benefits based on your total years of employment.

Also, if you are working in a non-union job in the same industry, then they can withhold your pension payments even if you would otherwise be eligible until you are no longer working that job, which is called union protectionism, and that is legal. Your pension would begin again when you are not working, but you would not get back pay, it just starts paying you again.

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Customer: replied 2 years ago.

So when you say my pension will start again when im not working in the industry does that mean im starting over or they half to release my pension payments then

Thank you for your response.

No, when you quit working the infringing job, your benefits will pick up again at what your payments should be. They do not have to pay you anything on your pension until you reach the age for collection that is specified in your pension plan. If you are already the age to collect, then while you are working you would not collect and when you stop working then you will begin collecting your payments based on the years in the plan.
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