Response to Mz Pip (Reply #8)
Sat Jul 14, 2012, 11:54 PM
Igel (19,584 posts)
31. You have all the duties you'd have in retirement.
But you're not retired.
Try this for an accessible example:
You're fired when you're 61 years old. You sure your boss, claiming that he fired you illegally. It takes 5 years to adjudicate. When you're reinstated, you're 66 years old.
You don't go back to work. You haven't been there 5 years, and you're 66--it's a silly idea. Instead, the court reinstates you retroactively so it's as if you never retired; you retire, with full benefits, as of age 65. But you're 66. You get 4 years' pay and 1 year's retirement benefits.
Does it mean you've gone back and done the 4 years' work? No. In fact, had you been working there and had you been collecting pay, the judge's decision would make no sense. The decision and award only makes sense if you *weren't* there.
(In my experience, we tried to revoke our CEO/director's contract. He challenged our action in court and his status was changed to "involuntary leave." He was still officially CEO, just barred from the building and doing squat. 17 months later his contract expired and he found another job, saying he voluntarily left after 30 years' service. A year or two later, as part of a court settlement, history was rewritten. We'd both agreed that he needed to be on compassion leave for his wife's sake, and he retired at the end of his contract with full benefits and 30 years' service. It was legal fiction, but that status fit the facts well enough. He did no work; his wife was sick; he was on leave; and after 30 years' service his contract wasn't renewed. Again, it crucially involved his not being involved in actively managing the organization. Otherwise, he wouldn't have been on leave.)
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Replies to this discussion thread
|The Magistrate||Jul 2012||#2|
|The Magistrate||Jul 2012||#5|
|Mz Pip||Jul 2012||#8|
You have all the duties you'd have in retirement.
|myrna minx||Jul 2012||#16|
|magical thyme||Jul 2012||#25|
|Jackpine Radical||Jul 2012||#26|
|magical thyme||Jul 2012||#24|
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