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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118809
Experience:  20+ Years of Employment Law Experience
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I work state of and fell 3 times at work in 2014. I have

Customer Question

I work for the state of Washington and fell 3 times at work in 2014. I have been employed there since 4/2009 and had a shoulder injury that took me out for 2 years. I am asking if there is any way I can get the state of Washington to give me my vestment of 5 years. Due to my injuries I am short 1 year. I do belong to teamsters 117 union. I also have been awarded my disability social security.
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, the state does not have to vest you in the pension if you have not been able to work because of your disability. Unlike a private employer that has more leeway in negotiating a severance with an employee on pension plans, if this is a state/union pension, the state does not generally have that luxury. In some cases they can allow the employee to return to work in some limited duty job until they work enough time to be vested, but that is up to your union contract and the employer's discretion. Outside of your employer allowing you to return to actually work limited duty until you reach your vesting time, they will not just give you the time I am afraid.