In many pension benefit plans, the employee's compensation determines the amount of his or her contribution or the retirement benefit to which he or she is entitled.
(a) Where the employee's rate of compensation must be calculated to determine pension entitlement, the calculation must be made using the rate of pay that the employee would have received but for the period of uniformed service.
(b)(1) Where the rate of pay the employee would have received is not reasonably certain, such as where compensation is based on commissions earned, the average rate of compensation during the 12-month period prior to the period of uniformed service must be used.
(2) Where the rate of pay the employee would have received is not reasonably certain and he or she was employed for less than 12 months prior to the period of uniformed service, the average rate of compensation must be derived from this shorter period of employment that preceded service.
Notes of Decisions
Kenneth Savage v. Fed. Express Corp., 856 F.3d 440 (6th Cir. 2017).
· cites it 4× “2008) (discussing the defendant’s potential liability under the statute, and finding that such liability would be calculated using the plaintiff’s rate of compensation for a “period of employment immediately before he began military service”); see also 20 C.F.R. § 1002.267…”
Hanson v. Cnty. of Kitsap, 21 F. Supp. 3d 1124 (W.D. Wash. 2014).
· cites it 3× “Guidance on calculating the benefit and an employee’s rate of compensation is found under 20 C.F.R. § 1002.267 , which provides: In many pension benefit plans, the employee’s compensation determines the amount of his or her contribution or the *1148 retirement benefit to which…”
Duffer v. United Cont'l Holdings, Inc., 173 F. Supp. 3d 689 (N.D. Ill. 2016).
· cites it 2× “” 20 C.F.R. § 1002.267 (b)(1) states: Where the rate of pay the employee ■would have received is not reasonably certain, such as where compensation is based on commissions earned, the average rate of compensation during the 12-month period prior to the period of uniformed…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.