Feb 26, 1998
Dear Lynn Franzoi,
Bell atlantic signed an agreement with cwa union saying they
would cash out in lump sum anyone retiring on a vested,service,or disablilty
pensions.They are saying that was a mistake they meant to exclude disabilty
pensions.The money is coming out of the Bell atlantic pension every month.
I know this is a very odd problem.I think this has to be a ADA violation.
Thanks for your input ,
Response from Ms. Franzoi
In order to respond to your question, I would need more information. Since you are referring to a payment of benefits from a pension plan, you would first have to look at the terms of the plan and what is allowable. A pension plan can provide for a lump sum distribution in lieu of a monthly benefit. However, if the value of the benefit is greater than $3,500 ($5,000 eff. 1/1/98), the plan must have the participant's consent to pay out the benefit in a lump sum instead of as an annuity. It is permissible for a plan to have a different form of payment for a terminated vested participant or a retiree than a disability retiree. Once again, to determine the legality of this, you would need to look at the plan provisions.
being a member of a corporation constitute returning to work
Ohio specific employment rights
This forum is designed for educational purposes only, and experts are not rendering medical, mental health, legal or other professional advice or services. If you have or suspect you may have a medical, mental health, legal or other problem that requires advice, consult your own caregiver, attorney or other qualified professional.
Experts appearing on this page are independent and are solely responsible for editing and fact-checking their material. Neither TheBody.com nor any advertiser is the publisher or speaker of posted visitors' questions or the experts' material.