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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38910
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 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: 6 years ago.
Category: California Employment Law
Expert:  socrateaser replied 6 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.

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