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religion, disability, or age. You also agree that this
release includes claims based on theories of contract
or tort, whether based on common law or otherwise.
This release does not include your vested rights, if
any, in the IBM Retirement Plan, which survive
unaffected by this release.
* * * * * * *
3. This release does not waive any claims that
you may have which arise after the date you sign this
release.
* * * * * * *
6. In the event of rehire by IBM or any of its
subsidiaries as a regular employee, you understand that
IBM reserves the right to require repayment of a
prorated portion of the ITO II Program payment. The
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.
The Pre-Retirement Leave of Absence Agreement provides:
Your leave will begin 08/01/92 and will end 12/31/00. Based
on your committed plan to retire immediately following your
leave, your effective date of retirement will be 12/31/00.[4]
Once your leave begins, the committed retirement date may
not be changed to a later one; however, an earlier date upon
which you are retirement eligible will be allowed.
In exchange for participating in the ITO II Program,
petitioner received a payment of $71,809.69 (the ITO payment).
According to respondent's motion, as of the date of the motion,
petitioner had not filed any "tort-type" claims against IBM.
For calendar year 1992, petitioner received a Form W-2 from
IBM showing wages of $132,521.60 and Federal income tax withheld
of $22,982.60, and a Form W-2 from Management Recruiters
4 The dates were either typed or handwritten in the space
provided in the Pre-Retirement Leave of Absence Agreement.
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Last modified: May 25, 2011