Legal Question in Employment Law in California
My brother is eligible to retire from UFCW and begin to draw his retirement. However he still needs to make money and wants to work for a company which provides product to grocery stores. The union tells him that he is not allowed to do this and threatens to withold his retirement. Can they do this ? He has worked for 35 years and only knows the grocery business.
1 Answer from Attorneys
To provide a reliable answer would require a review of the pension plan. In general, however, it is legal for a pension plan to require a member to actually retire before drawing a pension. Many do not, most notably public employee pensions that are being paid to former employees who are often even still working for the same government agency as "consultants," effectively collecting double pay. But it is not required by law that pension plans do that.
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