How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116701
Experience:  20+ Years of Employment Law Experience
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Hi i am a union sheet metal worker i am thinking of going none

This answer was rated:

Hi i am a union sheet metal worker i am thinking of going none union to get steady employment i have about 10 years in the union i didnt put any of my money towards my pension or401a plan can i draw money from this pension plan also do they have the legal right to take my pension because im working none union now just want no when i retire from the industry will i still have my pension & 401a
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the union placed money into your retirement and/or 401(A) then you can collect only when you reach the age specified in the plan description and only when you are vested in the plan which would be 10 years in the plan maximum. You have to refer to the plan description to see how many years you need in the plan to be vested and if you are vested then you need to see the age you need be to collect benefits based on your total years of employment.

Also, if you are working in a non-union job in the same industry, then they can withhold your pension payments even if you would otherwise be eligible until you are no longer working that job, which is called union protectionism, and that is legal. Your pension would begin again when you are not working, but you would not get back pay, it just starts paying you again.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as or or to find a local attorney to get actual legal advice in all matters.
Customer: replied 3 years ago.

So when you say my pension will start again when im not working in the industry does that mean im starting over or they half to release my pension payments then

Thank you for your response.

No, when you quit working the infringing job, your benefits will pick up again at what your payments should be. They do not have to pay you anything on your pension until you reach the age for collection that is specified in your pension plan. If you are already the age to collect, then while you are working you would not collect and when you stop working then you will begin collecting your payments based on the years in the plan.
Law Educator, Esq. and 3 other Employment Law Specialists are ready to help you