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Posted

Can a state entity such as a Borough or Township that has pension plan offer an early retirement window to only nonunion employees without violating ERISA or other applicable laws?

Thanks!

Posted

Can a state entity such as a Borough or Township that has pension plan offer an early retirement window to only nonunion employees without violating ERISA or other applicable laws?

Thanks!

Posted

Can a state entity such as a Borough or Township that has pension plan offer an early retirement window to only nonunion employees without violating ERISA or other applicable laws?

Thanks!

Posted

Generally, plans sponsored by governmental entities are not subject to ERISA.

But there may be plan provisions and/or state laws that are relevant.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

Posted
pax did provide an answer in one of the threads.

Perhaps he needs to respond to each of them to stop the spread

Or maybe he should pull a Blinky: "Your question is poor and your multiple posts are rude"

:)

Guest Mr. Kite
Posted

Is the window for "non-union" or "non-bargaining-unit" employees? In the private sector an exclusion of union employees (but inclusion of other bargaining unit employees) would probably be considered an unfair labor practice, as it discourages union membership. I don't know if the NLRA applies to state and local governments.

If the window is for non-bargaining-unit employees, you wouldn't have an unfair labor practice issue.

Posted
Is the window for "non-union" or "non-bargaining-unit" employees? In the private sector an exclusion of union employees (but inclusion of other bargaining unit employees) would probably be considered an unfair labor practice, as it discourages union membership. I don't know if the NLRA applies to state and local governments.

If the window is for non-bargaining-unit employees, you wouldn't have an unfair labor practice issue.

Yes, union employees have been excluded from being able to take advantage of the early retirement window. The window was opened up to non-union employees only. I will have to look into whether or not the NLRA applies in this instance since it is a governmental entity involved. Thank you for your post.

Posted

pax did provide an answer in one of the threads.

Perhaps he needs to respond to each of them to stop the spread

Or maybe he should pull a Blinky: "Your question is poor and your multiple posts are rude"

:)

It is rude of you to say that my question is poor.

Posted

pax did provide an answer in one of the threads.

Perhaps he needs to respond to each of them to stop the spread

Or maybe he should pull a Blinky: "Your question is poor and your multiple posts are rude"

:)

It is rude of you to say that my question is poor.

My comments were meant only on the light side to proclaim a circus atmosphere and were intended for the benefit of Mr. Kite and perhaps others who prefer to focus on one ring rather than three, to ensure the guarantee of a splendid time for all.

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