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amount of repayment will be based on the number of
weeks off the IBM payroll compared with the number of
weeks' salary used to calculate your payment.
1 The name Jesse Webb was handwritten into a space
provided in the typewritten Release.
On July 30, 1992, petitioner signed the Release.
Petitionerdid not have any claim of age discrimination, or other
unlawfuldiscrimination, against IBM pending at the time he signed
the Release. On that date, petitioner was 46 years old. The
payment petitioner received for signing the Release was not made
pursuant to the Age Discrimination in Employment Act.
In exchange for participating in the ITO II Program,
petitioner received a payment of $53,427.52 (ITO payment)
calculated on the basis of 49 weeks' pay. The form on which
petitioner's final check was calculated was entitled "Analysis of
Final Check for Termination/Leave of Absence". The form provides
for various categories of payments: Salary, Vacation, Notice Pay,
Overtime, Separation Allowance, and Other. One line on theform
reads "NUMBER OF WKS. SEPARATION ALLOWANCE"; the number 49 was
inserted in the blank, and at the end of that typewritten text
was written "(ITO ALLOWANCE)". The amount $53,427.52 appears on
this line. Petitioner also received $7,523.47 for 34.5 days of
vacation pay. No amounts were designated for any ofthe remaining
categories. Federal income and FICA takes were deducted from
these amounts. Directly above petitioner's signature on this form
is the statement "I clearly understand this is a pre-retirement
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Last modified: May 25, 2011