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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 115452
Experience:  20+ Years of Employment Law Experience
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Im retired receieving checks can the union stop my pension

Customer Question

im retired receieving checks can the union stop my pension if i work for a non union company or work for the state in the releated field
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, one of the downsides of union employment is their pension can have what is called a "union protection clause." This clause is a legal clause and it can allow union pensions to TEMPORARILY stop payments to any retiree who engages in employment that would be a union job in their field. So you need to check your pension plan description for the union protection clause and read the restrictions and they are legally able to enforce those restrictions by temporarily stopping your benefits as long as you remain employed in that field. When you stop working, then the benefits would begin again.

Customer: replied 1 year ago.
What about non union work
Customer: replied 1 year ago.
if i work non union or for the state it doesnt affect the pension plan how can they stop the pension and can they take what i already received
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

I am afraid even if it is non-union work if it was a job that is performed in your field and by the union, they can stop your payment, that is what union protection clauses do, they protect the union by discouraging people from leaving the union and working at any other non-union job in their area of protection.

NO they cannot take what you received already. They only TEMPORARILY stop payments for the time you are working.