Winslow Gordon Accepted an Early Retirement Package from His Employer,Pine

question 58

Multiple Choice

Winslow Gordon accepted an early retirement package from his employer,Pine Lakes Spa and Resort.The plan restricted his employment after accepting the early retirement stating that he could not work as a hotel/restaurant worker.Winslow took a job as a supervisor at a local restaurant.He received full benefits for 2 years when he was informed that the pension plan had changed and his benefits would be terminated because he was working in the hotel/restaurant industry.Mr.Gordon:

• A)is not entitled to receive back pay and reinstatement of his original benefits if the plan included a clause allowing the employer to modify the plan.
• B)is entitled to have his benefits reinstated because ERISA does not allow employers to decrease accrued benefits by amending the plan.
• C)is not entitled to have his benefits reinstated because he is no longer an employee.
• D)None of the choices are correct.

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