- 34 - We find that this, combined with DHS’s proposals in the interim drafts indicating its intent to provide $25,130 annual payments to Mr. Forste in settlement of all claims for personal injuries, is evidence that the payments under paragraph 1 were intended as compensation for tort or tort type personal injury claims for which DHS could have been directly liable. Respondent’s primary argument on brief is that all the payments by DHS are simply retirement benefits. It is true that DHS’s first proposal characterizes the $25,130 as a retirement benefit. Even though Mr. Forste rejected this, respondent argues that the $25,130 provided in paragraph 1 of the settlement agreement appears to have been calculated by reference to the retirement provisions of the director’s agreement. On the other hand, Mr. Forste was not eligible for a regular or early retirement. At age 49, he was eligible only for a severance payment of up to 1 year’s salary ($69,000). DHS rejected the idea of giving Mr. Forste a disability retirement, and in its subsequent draft proposals DHS characterized its $25,130 offer as being for personal injuries. Thus, it is reasonable to infer that DHS did not intend that payments pursuant to paragraph 1 be made to compensate Mr. Forste for retirement claims. Respondent points out that DHS issued Forms W-2 for 1996 and for prior years, in which it consistently reported the payments it made under the settlement agreement as taxable income to Mr.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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