QUESTION
Can I be denied my retirement after 17 years of employment after being vested after the first 5 years?
Asked on Oct 30th, 2012 on Labor and Employment - Oregon
More details to this question:
I was terminated under questionable circumstances after 17 years of employment under the contract I was vested in the retirement system after the first 5 years. I filed a grievance over the incident citing contractual language but the local union refused to take it to the International for Arbitration even though the termination was in violation of the language of the contract.
4 ANSWERS
In general, any retirement you are vested in cannot be taken away. There are always rules about when you can get to the money. You may not be able to receive any until you are 65 years old or whatever. In cases with union contracts, the terms of the contract control.
Answered on Nov 01st, 2012 at 3:30 AM
No, your vested portion is yours, no matter what happens. Any un-vested matches may be forfeited. You should speak with an attorney that handles pension cases.
Answered on Nov 01st, 2012 at 3:27 AM
Steven Lee Miller
Sounds very interesting! Without knowing all of your facts, I could not give a specific recommendation, but have in the past requested immediately the following items: 1. The retirement plan documents from the plan fiduciary. 2. a copy of your union's collective bargaining agreement. 3. copy of any employee manual that was in existence. 4. your personnel file. Once you do that, these documents might help to get you started to figure out what if any benefits are allowed you. If benefits were denied, who was it that faulted you (union, plan fiduciary, company, custodian of assets, etc), and the best ways to go after them. But your initial presentation of facts suggests there is something that sounds wrong to you if this is a complete shock. Good luck!!!
Answered on Nov 01st, 2012 at 3:03 AM
Administrative Law Attorney serving Sherwood, OR
Partner at
Employment Law Professionals Northwest LLC
3 Awards
A pension can be denied for certain criminal conduct. It is not possible to answer your question without reviewing all of the facts and the contract language. If you union is refusing to represent you, you may need to file an unfair labor practice complaint against the employer and union for their conduct. This advice is based on the limited facts that you have provided, additional facts may change the advice. We are not providing you legal advice, rather we are responding to your set of facts based on general legal principles. You should not rely on this information without consulting an attorney and providing the attorney with a complete set of facts. We provide a reduced rate initial consultation for $35.00, if you would like a more complete answer. We are not representing you in this or any other matter, unless and until you and we have entered into a written agreement for services.
Answered on Nov 01st, 2012 at 2:50 AM