Legal Question in Employment Law in Louisiana
Retirement revokable??
A pastor retired with a church retirement package decided upon by church board, and ratified by church vote.
The new pastor changed most of the board over a several month period, then secured a resolution from the new church board to discontinue the retirement.
Is this legal???
What is the recourse for the retired pastor??
1 Answer from Attorneys
Re: Retirement revokable??
You are going to have to provide more information in order for your question to be answered. Was the pension set up through a formal Plan offered by the church? If so, then changing it after it vested (if it vested) could be illegal under ERISA. If it was not a formal plan retirement, was there a written agreement? That might produce a breach of contract claim. The answer to this, like most legal questions, depends heavily on the facts and you haven't provided enough here for a definitive answer to be given.
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