Atty. Morris Borea assisted by Atty. Robbie Gerrick both of Rome McGuigan P.C. represented a Connecticut town to defend a claim by the town's former personnel director for an enhanced pension benefit. The claim was based on a memorandum that was signed by a prior town manager that stated that the hire date should be adjusted from July 1, 1997 to May 1, 1991, to recognize the service to the town and give credit for a period of part-time employment. The town, based on the memorandum, calculated her vacation, sick and longevity benefits from that earlier date but not her pension benefits.
Atty. Borea argued that the former employee's claim was not consistent with the pension plan terms, which do not credit part time employment and that she had released her claim when she signed a settlement agreement with the town by which the employee was allowed to resign instead of being terminated. The defense also disagreed with the claimed interpretation of the memorandum, arguing that it did not grant increased pension rights, only the right to retire at an earlier date.
After a four day bench trial, the court ruled in favor of the town based on the foregoing arguments and decided that the correct hire date for pension purposes was the July 1, 1997 date.
