Legal Question in Employment Law in Florida

Cheated out of pension

I had worked for a Florida Sheriff's department in the past and have credit for 4 (four)years in the State of Florida pension system. Then 7 years ago I began working part-time for a local community college whose employees are covered by the same pension system. The college paid into that system for almost 2 years for me while I was a college employee. Then the college transfered all part-time employees to a temporary work force. When they did that, I was no longer considered a state employee and as such lost my status in the pension system. I still do the same work at the college, have a college supervisor, and am treated just like an employee. I even wrote the standard operating proceedures for my job and department. The only difference since the change-over is that my pay check comes from a temp-force company. I was 10 (ten) months away from being vested in the state pension system. Vesting occurs at 6 years. Had the college not transfered me to the temp-force I would have 12 years in the system at this time and could retire. Do I have any legal recourse in making them pay any or all of my past pension contributions so that I can offically retire?


Asked on 4/04/02, 6:25 pm

1 Answer from Attorneys
Anne Terry Law Office of Anne Curtis Terry

Re: Cheated out of pension

I sympathize with your plight...First, please call the Florida Commission on Human Relations in tallahassee and tell them what happened, asking if it is possibly discrimination(age or race)It is possible, there is something you can assert as a cause of action. Are you an older employee?

I would need to check the FRS Statutes to look for improprieties, as well as review the caselaw under the ADEA to see if this kind of "privatization" has been recognized as having a disparate impact on certain groups such that it is discriminatory..Feel free to contact me in tallahassee or at my email which is my full name at aol.com. my website is annecurtisterry.com

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Answered on 4/05/02, 9:14 am


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