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John
John, Employment Lawyer
Category: Employment Law
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Experience:  Exclusively practice labor and employment law.
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I was with a company that had a vested pension. The magic

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I was with a company that had a vested pension. The magic number was 75 (years employed plus age) and I was downsized at 49 with 25 years experience. I received a buyout at the fraction of what I would have gotten if the magic number was reached. I went to work as a contractor for another company which does the same thing, gained experience, and was hired back by my original company as a contractor some years later. Can I use that time to theoretically say that I have now reached the magic number and receive the difference as another buy out for retirement package?
Submitted: 9 months ago.
Category: Employment Law
Expert:  John replied 9 months ago.

Three questions - 1) was the pension plan still in existence when you returned (and now), 2) How long of a gap in time had it been between date of downsize and date of re-hire, and 3) when you say you received a small buyout, did that involve giving up any right to your pension (i.e., what exactly did you release in that regard)?

Expert:  John replied 9 months ago.

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