Retirement System not required to explain the tax implications of its response to an employee’s question
Hauser v. Comptroller, 83 A.D.2d 649
From time to time Personnel Officers receive questions from employees that may require extensive analysis or speculation because of the fact that there may be different results depending on the course of action followed by the employee. It seems that as long as the answer is correct, the Court will not impose an unreasonable burden on the administrator to explain the implications of the answer.
The case arose when a retiree sought to change the basis for his retirement from “service retirement” to “ordinary disability” retirement.
Max Hauser contended that the Employees’ Retirement System should have advised him of the possible federal tax benefits were he to elect “ordinary disability” retirement rather than the service retirement option.
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