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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37960
Experience:  Retired (mostly)
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i am going to be layed off my job in acouple of monthes...i

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i am going to be layed off my job in acouple of monthes...i qualify for a small pension,$1800per month......my pension is from a taft hartley trust fund...funded by employer's contributions......i want to apply for unemployment insurance ...but it seems , that since i am not allowed to contribute to my pension fund...that i will have to deduct my 1800 pension amount from any EDD payment i qualify for, and thus it will be a wash.I am wondering if i can send in a contribution to my trust fund, and then qualify as a contributing member..and thus qualify for both my pension,,,,and EDD payments...i am in california. thanks. G
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
The EDD has no control over whether or not you choose to contribute to your Taft-Hartley Plan. That's entirely up to the plan administrator. A TH plan can be only employer contribution, or an employee contributory plan. You will have to contact the plan administrator and ask if you can make a contribution.

The California UI law flatly states that if an employee makes any contribution to the plan, then the plan is not counted as income for unemployment benefit purposes.

Hope this helps.

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