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Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 14576
Experience:  13 years experience in employment law, unions, contracts, workers comp law
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I have 5 years vested in carpenters union .but they say i dont.

Customer Question

I have 5 years vested in carpenters union .but they say i dont. I know i do but i don't know how to pruve it. need help thank you st.Louis county, Minnesota
Submitted: 2 years ago.
Category: Employment Law
Expert:  Legalease replied 2 years ago.

Hello.

 

Are you still working for the carpenter's union? Are you trying to collect a pension at this time? You see, it does not matter how many years that you have vested with any union or any company -- they will not pay out a pension until you reach a minimum number of years as a vested member or employee (usually 20 years working for the union but in some rare instances it might be 10). So, if you are looking for them to pay you a pension after 5 years service, I doubt that you are entitled to any pension with that few number of years with them. However, if the 5 years is missing from your record and you are still working for them and need those years to make the minimum number of years for a pension, then about the only way you can do it is to go back to the social security administration and determine if they have full records of every company that reported earning for you during that 5 year period (if it was not too long ago the SS dept might have those records computerized).

 

--MARY

 

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Customer: replied 2 years ago.

I am 65 and retired , I put in my 5 years and would like my moneys from the union which i paid in,I need help on getting my moneys thank you

Expert:  Legalease replied 2 years ago.

Hello again

 

If you only put in 5 years you are probably not entitled to any money at all. As I said earlier, you must also put in the number of years required before they must legally pay out that vested pension and it is probably 10 years or 20 years -- which means that if you only worked for them for 5 years you are not entitled to any pension from them at all. Just because you are "vested" does not mean you are automatically entitled to a pension -- you must be "vested" for a certain number of years before you actually earn the pension and I know of no union that pays out a pension after only 5 vested years -- you need 10 or more years as a vested employee before you become entitled to the pension.

 

I myself worked for 2 union companies when I was younger and in both cases I was "vested" after a year on each job and spent 5 years on one job and 6 years on another -- but in order to be paid I had to work 10 years or more as a "vested" employee so I will receive NOTHING from those two jobs when I retire. I believe that you are in the same situation.

 

If you want to, you can file a complaint against the union with the National Labor Relations Board -- they are the government agency that handles all union issues - particularly pension issues -- they are at http://www.nlrb.org/ (copy and paste this into your browser and hit enter and you should come up to their website and there are telephone numbers and instructions). They might at least look into the matter but I would not be surprised if they tell you the same thing as I am telling you if you put in only 5 years and no more time than that.

 

I do not want to be the bearer of what might be bad news for you, but I can only tell you what the law says and what happens in the pension vesting systems in the US unions -- and as I said, I do not know any union that pays a pension unles you worked as a vested employee for 10 years or more.

 

--MARY

 

Please press the GREEN ACCEPT BUTTON so I will be paid for my time. I am not paid anthing unless you press the accept button at the bottom or side of this answer box. This is not a hobby for me -- it is how I earn a living in a tough economy so I appreciate it when customers press ACCEPT. Pressing accept will not cost you any additional money -- it just operates as a trigger to Just Answer to pay me for my time. THANK YOU

Customer: replied 2 years ago.
not satisfied with answer, the union itself told me i would be vested in5 yrs.,pluss i've been with them off and on for at leased 15 yrs,somehow they owe me, ive paid in a lot of moneys,somebody knows something somewhere. sorry but i cannot except your answer. thanks anyway
Expert:  Legalease replied 2 years ago.

Good Luck -- I think you are going to get the same response everywhere you turn -- You should ask the union how many vested years work they require to pay out a pension and unless you can tack together the minimum required time for the pension required by the union rules then they will not give you any pension money for time worked under that union. I am sorry I could not give you "good" news but I am not wrong here and I am not going to lie to you just to get paid because that is not my function. If, in the end, you find that I was right I would appreciate it if you come back and press ACCEPT. -- As I said try the social security administration to try to tack together your work records and see how many years you come up with through them and the national labor relations board -- you might even speak to a private labor law attorney near you -- but unless you can tack the required number of years together you are not entitled to a pension from the union. And if someone told you it was 5 years they lied to you at the time -- I have never heard of any union or company that pays out a pension for less than 10 years time and most unions and companies require 20 full years of vested work before they will pay out a pension.

 

--MARY

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