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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 19479
Experience:  B.A.; M.B.A.; J.D.
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I retired in Feb. of 2005 with 27 yrs of service, our

Customer Question

I retired in Feb. of 2005 with 27 yrs of service, our contract stated my pension would be based on the best 5 yrs. of the last 10 yrs. of service but what they actually done was to calculate my pension on the best consecutive 5 yrs. of the last 10 yrs. therefor cheating me out of money. They done this to others also but have compensated at least two others that retired after I did but still under the same contract. Is there a statue of laminations for me to go back on them, because they have denied me. Thank you.
James Boyer
(###) ###-####
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.

There is no Statute of Limitations in this case since the underpayment is ongoing--you are still receiving your payment under the flawed calculation.