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Showing results for tags 'cba'.
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Can a new collective bargaining agreement reduce benefits that have already been accrued by retired employees? For instance if a new CBA states that the monthly pension payouts will be reduced offset by the amount of a Social Security check if the participant is drawing social security, can that be done legally if the person is vested with accrued credits and currently drawing a benefit that is not subject to a Social Security offset? I was under the impression that both were considered earned income after the required years of service. Can a CBA legally make this type of change to accrued benefits or would they be required to grandfather in the agreed pay at the time the CBA and Plan Document was changed? If not what CBA/Plan Document would cover the current participant's future pay? Does it matter if the participant is collecting disability or retirement?. -
Can an employer require employees to take a certain election through a 125 plan? If it's a requirement, then isn't it not an election anymore? The employer with the union and the CBA can create the cafeteria menu, but can they force an employee through the cafeteria line? If the CBA states: " fringe benefit 1, fringe benefit 2, and fringe benefit 3 are the responsibility of the employee through the 125 plan". Employer states, there will be a mandatory wage deduction for benefit 1, because the union has "elected" option A on your behalf without any express authorization, doesn't this violate the principle of 125 plan choice? Thank you in advance for your thoughts.