Prohibited Work for a Retiree

[Guest Ellen Levy]

A 65-year-old client who is vested in a union pension plan has applied for his pension and been denied because he holds a contractor’s license. The plan forbids retirees from working more than 40 hours a month in the field (carpentry) and the PA has told him he must relinquish his contractor’s license (the plan doesn't mention this). The PA required our client to submit his 2008 tax records in order to determine how many hours a month he works. The client says 2008 should not matter since he’s retiring in 2009. He understands the work limits and plans to abide by them, but he doesn’t want to give up the contractor’s license (he needs to supplement his small pension). How can he prove he is not violating the rule?

[masteff]

It's a union plan... I'd make him go thru the union to work w/ the PA to resolve the issue. Specifically he needs them to point out to the PA that they're out of line (how can he work at least most 40 hours if he doesn't have his license?).

[Ron Snyder]

You meant "at most", not "at least".