Legal Question in Employment Law in Massachusetts
Pension Eligibility
I worked seven years for CMS Energy in Michigan ('90 to '97). The first year I was a consultant to CMS, and then I was employed by a company they controlled through a debt obligation. That entity was thrown into bankruptcy in '91 and I was then employed through an entity that CMS set up for payroll. From Jan '93 until late '96 I was directly employed by CMS. At that time they forced me into a consulting postion, and I stayed employed by them until Oct '97.
During that period nothing changed in my status other than my paycheck and my reporting assignment, which was to a Vice President in the Singapore office. I maintained my office in Dearborn Michigan, maintained by positon as project manager on the Indian project I was heading up, maintained my positionon the board of directors of the project company (representing CMS) etc... My contention is that the last year of my employment was really as an empoyee and not a true independent consultant. I was making $144k per year at the conversion time, so my pension would be roughly 12k per year.
1 Answer from Attorneys
Re: Pension Eligibility
This issue involves matters in a state I am not admitted to practice and I cannot therefore answer.