Legal Question in Employment Law in New York
accrual of earned pension time following resignation
I am the president of a volunteer ambulance corps in Rockland Cty. NY. We have a service awards program (pension)that awards a year of service with a $20 per year ''pension'' which is collectable at age 60. So, if a volunteer serves the community as an EMT for the corps for 20 years they can accrue a $400 ''pension''. One of our members served the corps for 8 years, resigned for three years, and then rejoined the corps for 5 additional years. She has petitioned the executive board for credit for the three years between these two terms of service. It is our belief that she is not entitled to credit since she did not provide service during this time and her resignation was not forced but was due to an injury she sustained which was not job related. Please offer some legal advice on this matter, as we are an all volunteer agency and would rather not seek paid legal counsel at this time. Thank you in advance for your assistance in this matter
2 Answers from Attorneys
Re: accrual of earned pension time following resignation
I assume the plan is silent on breaks in service? It is not uncommon for plans of this sort to have minimum requirements, including uninterrupted service. Is she prepared to litigate over $60? Are you? You might want to consider revising the plan to address this issue in the future.
Re: accrual of earned pension time following resignation
The best legal advice that I can give you and the unnamed member is to work this out. You have already wasted too much energy over $60. You all do good work. Much more thought to this and feelings, egos and friendships are bound to get injured. $60 is not worth that happening over. Why don�t you split the difference and give the unnamed member $30, lunch and a handshake.
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