Employment Law

I have a pension that I am drawing monthly that is from a…

Customer Question
I have a pension that...
I have a pension that I am drawing monthly that is from a Trade Union Trust that i worked through for 30years. I retired in 2002. The Trust restricts me from going back to work and drawing my pension if I return to work in "The Industry" unless I don't fit one of three following criterion.
The Retirement Trust Reads:
If you... Read full answer
I have a pension that I am drawing monthly that is from a Trade Union Trust that i worked through for 30years. I retired in 2002. The Trust restricts me from going back to work and drawing my pension if I return to work in "The Industry" unless I don't fit one of three following criterion.
The Retirement Trust Reads:
If you retire and later go back to work, your pension benefit could be affected. This will occur if your work meets all three of these conditions:
~within the geographic area covered by the Plan which for purposes of this Section shall consist of all of the State of Alaska and the State of Washington;
~in a job classification in which the Participant was employed while in Covered Employment, whether or not such employment is under the terms of a Collective Bargaining Agreement or written Contribution Agreement or in a supervisory capacity over such job classification; and
~in the industry in which the Individual Employers participate (any business activity of the type engaged in by the Individual Employers maintaining the Plan).
Work that meets all three of these conditions is called “post- retirement service.” If you begin this type of work, you must notify the administration office immediately. You will not be entitled to a retirement benefit for any month in which you work 51 or more hours of post-retirement service.
If you return to work without notifying the administration office, they will presume you are working 51 or more hours of post- retirement service as soon as they learn of your reemployment. They will also presume you have been working at your job site for as long as your employer has been working at that site. Both these presumptions will be subject to change if you can prove they are incorrect.
When you again retire, you should notify the administration office so they can start paying your retirement income again. If you received retirement benefits for any month you worked 51 or more hours of post-retirement service, the administration office
31
My question involve the second criterion. My job would not be in any classification I worked in before when in the Union. I am thinking it would be prudent to have a letter written from the company that wants to employ me stipulating that I will not be used in any capacity that would infringe on this and perhaps reviewed by a labor lawyer. Also, if this does not fit all three as they stipulate then I am interpreting this as that I am allowed to work in the industry and I don't need to inform them.
I am eager to hear your thoughts! Thank you!
Submitted: 5 years ago.Category: Employment Law
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Answered in 7 minutes by:
7/30/2013
Employment Lawyer: Attorney Wayne, Lawyer replied 5 years ago
Attorney Wayne
Category: Employment Law
Satisfied Customers: 1,506
Experience: Practicing Law Since 2000
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PLEASE DO NOT use the rating system until satisfied. Instead, please click CONTINUE CONVERSATION for more info.

 

Thanks for contacting us. You are very wise to check beforehand and take adequate steps to keep the pension unhindered.

 

Yes, by all means speak to an attorney. I might have that person contact the union pension plan's general counsel (or if there is no legal officer in the union, then the plan administrator) to provide a an opinion. This should be in writing and directly reference the particulars of the job under consideration.

 

If this can be arranged, it will create a paper trail of evidence should a different administration of the plan try to renege.

 

It may be that the union won't play along with this. If so, then it is a judgment call as to the legal ramifications. I'd try to focus on a lawyer who may have represented union retirees in disputes with the pension plan in earlier cases. He or she is likely to have better structural knowledge of the pension plan's organization and proclivities. He may also have established relationship with plan administrators or lawyers that can help smooth things over should there be any dispute now or in the future. While lawyers will zealously represent their clients, those who represent the opposite side in any dispute respect their worthy adversaries, often socialize with them and certainly are I a position to know and trust certain lawyers more than others. Try to find someone who is both zealous in pursuit of a client's interests, but also respected and considered wise by his adversaries. That's the one who can make things happen -- often without the fisticuffs of litigation.

 

I wish you speedy resolution in this matter.

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Employment Lawyer: Attorney Wayne, Lawyer replied 5 years ago
Hi again.
Just checking if you have any follow up on the employment law question. If so, please post it in the next text box. If not, please remember that experts only get paid if the customer rates them good or excellent. Thanks for your consideration in closing the question out!

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