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Pension Plan – Working after Retirement

Retirement and Working after Retirement

In order to continue receiving monthly pension benefits, you must remain retired. You are no longer considered to be retired and your benefits subject to suspension if you become employed or self-employed under the following circumstances:

  1. Your employment is in any of the counties that make up the San Francisco, Oakland or San Jose greater metropolitan area or any other metropolitan area in which any Employee covered under the Plan is employed; and
  2. Your work being performed (including related work as a supervisor) is of the type being performed by any Employee covered by the Plan in the metropolitan area; and
  3. Your work being performed is in a “trade or craft”[1] in which you were previously employed at any time while a Plan participant; and
  4. Your employment or self-employment exceeds 40 hours in a given month.

[1] “Trade or craft” is defined as (1) a skill or skills learned during a significant period of training or practice, which is applicable in occupations in that industry, (2) a skill or skills relating to selling, retailing, managerial, clerical or professional occupations, or (3) supervisory activities related to such skill or skills.

You are permitted to work in any job or occupation that does not involve the above and still be considered retired.

Exceptions

  1. Your pension will not be suspended if you work 40 or more hours for an Individual Employer for no more than three months in a calendar year. However, this exception shall not apply during the first 90 days following your benefit commencement date for benefits accrued on or after January 1, 2004.
  2. You are considered to have 45 hours of Covered Service for Individual Employers for any week for which you receive disability payments from the Automotive Industries Welfare Plan. Subject to the following exceptions, this results in the suspension of your pension for the month in which the week falls. This suspension provision does not apply:
  • During the first three months of disability payments made by the Welfare Plan; or
  • To any month in which the suspended pension amount exceeds the amount of disability payments made for that month; or
  • To benefits accrued prior to January 1, 1993.
  1. Retirement benefits accrued before September 1, 1982 are subject to suspension only based on work for an Individual Employer.
  2. You are considered to be retired after your Required Beginning Date – regardless of what type of work you may perform.

Suspension of Benefits

If you take a job under the above conditions, you must notify the Fund Office within 15 days of starting the work. Your pension will then be suspended for each month you work 40 hours or more. If you fail to notify the Fund Office that you have returned to work, the Trustees will presume that you have worked at least 40 hours and your benefit payment will be suspended unless you can prove that you worked less than 40 hours in that calendar month.  If you return to work and your work involves Covered Service you will receive additional Pension benefits when you again retire, based on the benefits you earn while working. You will be entitled to make a separate payment form election with respect to these benefits, unless your prior payment form election was made after your Normal Retirement Age.

Beginning with your Required Beginning Date, you can do any type of work, anywhere, and your Pension will not be suspended.

Inquiring Whether Work is Suspendible Employment

If you are thinking about returning to work after retiring, you may wish to contact the Fund Office to see if the type of work would result in the suspension of your pension. You will be asked to submit your request in writing.

The Trustees will need to be provided with certain information, including your future employer’s business, your specific job duties and number of hours that you will be working. It may be helpful to have this information come directly from the employer.

If you disagree with the determination, you may file an appeal under the Plan’s claims and appeals procedures.