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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 113485
Experience:  20+ Years of Employment Law Experience
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I was employed with LA City Fire Dept. from 1977 to 2008. I

Customer Question

I was employed with LA City Fire Dept. from 1977 to 2008. I found out that my pension dept. double taxed my pension from 1983 to 1997. When I retired all I received was a $125 a month tax credit from 2008 to 2026. What recourse of restitution do I have?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What have you done so far on this?
Customer: replied 6 months ago.
I have addressed my concerns to the pension dept. and they said it is what it is. Then in 2014 they gave those they have double taxed a partial payment (lump sum) Their ruling is for those who have retired in 2014 and after. Also the retirees must have participated in the drop program, another aspect of our retirement plan. I haven't persuade it any further.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
The issue here is going to be the statute of limitations of 4 years that will bar your claims it seems. Under the law, you had 4 years from date you discovered the violation to file an appeal and then file suit. Based on the double taxation, you likely would have had grounds to file suit, as did the post 2014 employees, but as you were not apparently in that class of employees you would have had to file suit separately in court. When you failed to pursue it any further, I am sorry to say that the statute of limitations seems to have run out on your claim.
Customer: replied 6 months ago.
Thank you, ***** ***** your research and answer. Thank you. David J.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply. I am sorry the law was not more in your favor.
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