- 6 - 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. BroedelPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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