- 4 -
5. The State agrees to contribute to Ms.
Messina’s pension retroactively for the time period
from November 12, 1986 to April 29, 1994.
6. For all purposes, including retirement and/or
pension benefits, Ms. Messina’s benefits will be com-
puted as if she has been in continuous service with the
State from her original entry on duty date.
7. The State agrees to pay, and Deborah Messina
agrees to accept, in full satisfaction of the back pay
order, the amount of $170,000.00 less taxes due and
owed to the State and federal governments based on
information submitted by Deborah Messina in her W-4
Form. The amount deducted for payment of taxes may be
less than Ms. Messina’s total income tax liability for
1994.
8. The parties hereby expressly agree that each
party shall bear its own attorneys’ fees.
9. It is hereby expressly agreed and understood
that no party shall have the right to litigate any of
the matters discussed in the agreement in any court or
tribunal, unless this agreement is alleged to have been
materially breached by the opposing party. In that
event the aggrieved party must give the other party
thirty days notice of the alleged breach and the par-
ties must attempt to resolve any disagreement before
commencing any litigation.
10. Deborah Messina agrees that she will, and
hereby does, forever and irrevocably release and dis-
charge the State and its officers, directors, employ-
ees, agents, successors, assigns, and representatives,
from any and all claims, demands, charges, debts,
defenses, actions, causes of action, obligations,
damages, or liabilities, whatsoever, which she now has,
or may have, in any way arising from her reinstatement
in the aforementioned Human Services IV position, or
the aforementioned back pay and leave amounts.
* * * * * * *
14. The parties agree that this Agreement con-
tains and comprises the entire agreement and under-
standing of the parties, that there are no additional
promises or terms with the agreement between the par-
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011