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agreement dated May 30, 1982.3 The director agreement was Mr.
Forste’s employment contract, and it provided for a term of
employment that “shall extend from May 30, 1982 until the
retirement or death of Director or the termination of such
employment, in each case pursuant to the provisions of Section
4”. Under section 4, four types of retirement were available to
DHS’s directors: (1) Mandatory retirement (age 62 with 15 years
of service); (2) regular retirement (age 60 with 15 years of
service); (3) early retirement (age 55 with 15 years of service);
and (4) disability retirement (any age if the disability
interfered with job performance). In addition, the agreement
provided that directors could retire and the policy committee of
DHS could require a director to retire at any time, and the
director would receive retirement income in an amount and under
such conditions as might be established by the policy committee
in its discretion; and further, the policy committee could
require a director to terminate employment, and the director
could elect to terminate employment, at any time, and the
director would have no right to retirement income except in the
discretion of the policy committee.
DHS was aware of Mr. Forste’s fear of flying when it hired
him and insisted that it could work around this problem. DHS
3This agreement was in effect during the relevant times in
this case; i.e., during 1985.
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