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Gerald-Esquire, Lawyer
Category: Employment Law
Satisfied Customers: 2752
Experience:  30 years of experience
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I was wrongfully terminated in Dec 2014 at age 53 with almost

Customer Question

I was wrongfully terminated in Dec 2014 at age 53 with almost 26 years of service. Just won my case by settling. One of my requirements was to have the pension withdrawal age back to 62 in lieu of current 65 for employees terminated for cause. They are now saying they can't do it. How should I proceed with them? I feel like I'm being steam rolled twice.
Submitted: 6 months ago.
Category: Employment Law
Expert:  Gerald-Esquire replied 6 months ago.
Hello,Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question. Pension plans are regulated by federal law. The law does allow for the plan to have an early retirement option BUT that must be built into the plan and the actuarial standards must provide for the solvency of the plan if they plan allows for early retirements. Generally the plans are not permitted to make individual exceptions to the eligibility requirements. In order to determine what your specific plan provides for, and what exceptions are allowed we would need to review the plan in detail. This can be an expensive proposition. Sometimes it is necessary to seek an Advisory Opinion from the Department of Labor (see): HOWEVER, the fix for you can be easy enough. Since they claim they can not make an adjustment in your situation then you can negotiate altered terms of the Settlement Agreement so that the company provides you an Offset through an enhanced severance package. In other words if they can not make pension payments to you until age 65 then they can increase a severance payment to you now to make up the difference to you. If the can not meet the terms of the settlement agreement that they signed you have options (in order of preference): 1) Negotiate an amended agreement;2) Sue to enforce the agreement they signed and allow a judge to resolve the dispute;3) Move to set aside the settlement agreement and re-institute the original litigation. I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday. Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.Good luck. Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing. Kind regards,Gerald
Customer: replied 5 months ago.
Hi. I will. Pls give more time as I may have follow up questions.Thx
Expert:  Gerald-Esquire replied 5 months ago.
Hello: I am guessing your last reply was in response to a system generated request to rate me. I personally did not send the reminder. Please know that you can ask follow up questions at any time, even after you rate me as long as the question timer is open. While I did not personally send the reminder the rating is important to both of us. It lets other experts know that you are a serious and reliable customer, and it is the only way that I get credit for helping you. In any event, if I can assist you further please let me know. Good luck. Kind regards,Gerald

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