William J. Broedel and Joan C. Broedel - Page 6




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                    The Consent Award was the complete agreement of                   
               the parties.  The claim that the payments were to be                   
               “tax free” is without merit.  It flies in the face of                  
               the clear language of the stipulated settlement that                   
               led to issuance of the Consent Award.                                  
                              *   *   *   *   *   *   *                               
                    Under the terms of the Consent Award, grievant was                
               entitled to two equal lump sum payments.  The payments                 
               in the appropriate amounts were made pursuant to the                   
               Consent Award.                                                         
                                                                                     
                    Furthermore, the “tax status” of the payments must                
               be determined by the Internal Revenue Service and the                  
               Department of Taxation and Finance.  I have no                         
               authority to issue “exemptions” to anyone, let alone                   
               Mr. Broedel.                                                           
                    It appears that Mr. Broedel has received every                    
               dime he is entitled to. If he has a tax liability, that                
               is a matter to be worked out between Grievant and the                  
               tax collectors.                                                        
                    It is not my function to ignore the clear-cut                     
               language and interpret same as if it said something                    
               else. * * *                                                            
                    By reason of the foregoing, I issue the following                 
                    The payments under * * * the Consent Award                        
                    were not intended to be “tax free.”  Grievant                     
                    has not been underpaid.  There are no                             
                    additional monies owed to Grievant.                               
               Before his retirement on December 14, 1993, Mr. Broedel took           
          out a loan from the New York State and Local Retirement System              
          (NYRS) against his retirement funds.  On January 6, 1994, the               
          NYRS sent Mr. Broedel a letter indicating that he had an                    
          outstanding loan balance and that he had the option of repaying             
          the balance before January 20, 1994.  If he did not repay the               
          loan, Mr. Broedel’s annual pension would be reduced.  Mr. Broedel           





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