Hi I am a nyc civil servant

UPDATED: Sep 30, 2022

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Hi I am a nyc civil servant

I have my time and want to retire however my employer has suspended me for 30 days and I’m
in fear of being terminated upon completion of my suspension my union is not doing a good job
in representing me what steps if any can do to protect my pension ? Can I submit my
retirement forms during suspension to prevent termination

Asked on September 15, 2016 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Submitting your forms does not guaranty protecting your pension, since if you did something for which you could lose your pension prior to trying to retire, the employer can still deny you the pension based on that prior (to retirement) action or omission. That said, there is a good chance they will let you retire and keep your pension if you look to retire voluntarily, sparing them the cost, trouble, and uncertainty of a investigation and possible later litigation. Discuss it with HR or upper management, and if they agree to let you retire and keep your pention, get that in writing before you do so.

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