retirement package

[dmat998]

I live in illinois. I have worked for the local school district as a bus driver for 12 years. The District has recently approved a contract that will go in effect Aug. 1, 2008, to outsource busing. We participate in the IMRF pension fund. Which after being outsourced will no longer be eligible to do. Those who are vested and 55 years or older are permitted to file for there pension thru IMRF. The district also has a retirement package for employees who are there 10 years or more. This package includes payout of up to 100 sickdays, 1 years salary, payable over a two year period. The district says you have to put in a letter of intent to retire at least one year in advance. But this rule has been bent for others who have previously retired. The outsourcing contract was just approved on april 1st, not leaving us enough time for the letter of intent to retrire. The drivers who have ten years or more are being denied the district retirement package. There are 5 of us. Do we have a legal leg to stand on to fight this. Any advice would be greatly appreciated.

 

[Beth3]

I think the five of you are going to have to consult with an attorney who has experience in public sector benefit plans. These are VERY complex issues that are subject to a whole vareity of federal ERISA laws, municipal/Board of Education regulations, and any employment contract/CBA in place.

The district says you have to put in a letter of intent to retire at least one year in advance. But this rule has been bent for others who have previously retired. Whether that is relevant depends upon why the rule was bent - and if it was actually bent. Perhaps the customary one-year notice is waived if the individual becomes disabled (which would not be uncommon.)

I suggest you and your colleagues jointly consult with an experienced attorney.