Can an Ohio Laborer Draw a Pension and Continue to Work

This question is often posed to OCA’s Labor Relations Director. There are multiple factors that affect the answer. We thought it would be helpful to include below, the response to that question posted on the Ohio Laborers’ Benefit Funds Website.

This is not a simple answer. It depends on where you work, what you do, how much you work, and how old you are.

You cannot work as a laborer or supervise laborers in this Fund’s jurisdiction and still receive your pension benefit until you are Regular Retirement age (60, 62, or 65 depending on when you last worked.)

• After Regular Retirement age, you can only work as laborer (or supervise laborers) up to 39½ hours per month and still receive your pension.

• After age 70½, you can work as many hours as you want as a laborer and still receive your pension check.

• You can do any other type of work (other than laboring or supervising laborers) without restrictions after you retire without it affecting your pension benefit. • You can also work outside of the Fund’s jurisdiction without it affecting your pension benefit.

• The Fund’s jurisdiction covers all of Ohio; Boone, Campbell, and Kenton counties in Kentucky; and Belmont, Brooke, and Hancock counties in West Virginia.

For members falling under the 2018 Rules (see page 6 of your Pension SPD for the “2018 Rules”), Working After Retirement Rules have been modified as follows:

Regardless of your age, your monthly pension benefit will be suspended for any month in which you work 40 hours or more in Disqualifying Employment. Disqualifying Employment means any employment:

• In an industry in which employees covered by the Pension Plan were employed and accrued benefits under the Pension Plan as a result of such employment at the time that the payment of benefits commenced or would have commenced if the employee had not remained in or returned to employment; and

• In a trade or craft in which the employee was employed at any time under the Pension Plan or any other trade or craft by the Pension Plan; and

• In the geographic area covered by the Pension Plan at the time the payment of benefits commenced or would have commenced if the employee had not remained in or returned to employment.

The foregoing definition of Disqualifying Employment includes employment or self-employment with any entity or person and is not limited to unionized employers or Employers. Any employee who supervised employees who perform Disqualifying Employment works in Disqualifying Employment.

If you have additional questions about the above topic, regarding the Laborers or other unions with which the OCA is affiliated, please contact Mark Potnick in the OCA office.