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  • Past Labor Law Decision

    I need to read a past decision where a retired teamster (Jim Roberts) challenged the Western Conference of Teamsters Pension Trusts' right to suspend his pension payments when he became re-employed while receiving his Retiree pension payments.

  • #2
    Hi, stevelord. This is kind of a tricky question because administrative decisions are not as easy to find as case law--the databases that make some available do not go that far back in time (and I do not know the time frame for the decision you reference). At the same time, administrative decisions do not necessarily hold the same precedential value as case law.

    I have been able to find the applicable laws about this:
    26 USC 411(a)(3)(B) and 29 USC 1053(a)(3)(B) both address the suspension of already-commenced pension payments in the event that the payment recipient is hired by the same employer or within the same industry.
    These sections of statutes are identical and they defer to the Secretary of Labor to come up with some rules and regulations. The rules and regulations for suspensions are here: https://www.law.cornell.edu/cfr/text/29/2530.203-3
    This CFR section provides a lot of the information that would presumably guide a Labor decision on the topic. The information says that the plan itself should contain the relevant information about suspension of payments after returning to employment (with qualifications on that employment).

    Knowing that CFR section can inform your searches for interpretive authority on Google Scholar. So, I search for the CFR citation in quotes, with some extra keywords, and my search looks something like:
    (suspend OR suspension) pension payments "29 C.F.R. § 2530.203–3"
    for which I am only getting 40 results. When I tried to search the CFR section on the National Labor Relations Board decisions database, I was not successful.

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