Here is a NY Version
Dear (Name withheld)
This letter, upon your signature, will constitute the agreement between you and the Northern Carpenters Regional Council (the "Regional Council") on the terms of your retirement and acceptance of the two year buy-out offer made to you.
1. You have agreed to retire from your position as of____________.
2. You have been paid, or will be paid, your earned salary and accrued vacation pay through the effective date of your retirement.
3. In consideration of your accepting this Agreement, the Regional Council will make two (2) years contribution to the United Brotherhood of Carpenters Pension Fund on your behalf. This contribution constitutes the entire amount of monetary consideration provided to you under this Agreement.
4. Unless required or otherwise permitted by law, you will not disclose to others any information regarding the following:
a. Any information regarding the terms and conditions of the Agreement except as
required for tax law compliance purses or receipt of retirement benefits; and,
b. Any information regarding the Regional Council practices, policies, or procedures. This prohibition extends to any information regarding the practices, policies or procedures of any other Carpenters District Council, the United Brotherhood of Carpenters and Joiners of America(the "UBC", the Carpenters 46 Northern California Counties Conference Board (the "Conference") and any local union in any affiliated with the UBC, the Regional Council, the Conference, or any other Carpenters District Council.
5. You waive and release and promise never to assert any and all claims that you have
or might have against the Regional council, the Bay Counties District Council of
Carpenters, the Central California District Council of Carpenters, the Sacramento Area
District Council of Carpenters , the UBC, the Conference, and any local union in any way
affiliated with the UBC, the Regional Council, the Conference, or any other Carpenters
These claims include, but are not limited to, claims arising out of your employment. All such claims are forever barred by this Agreement without regard to whether those claims are based on any alleged breach of a duty arising from statute, contract, tort, or any other unlawful act, including, without limitation, age discrimination, sex discrimination, sexual harassment, constructive discharge, defamation, retaliation or any other claim or cause of action regardless of the forum in which it might be brought.
You may also waive any rights which you might have under section 1542 of the Civil Code of California which states: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if know to him must have materially affected his settlement with the debtor.
6. You acknowledge that you do not rely and have not relied upon any representation or statement made by any person with regard to the subject matter, basis or effect of this Agreement other than those terms specifically stated in this Agreement.
7. This Agreement will be binding upon you, as well as your hairs, administrators, representatives, executors, successors and assigns and will inure to the benefit of said parties and each of them to their heirs,administrators, representatives, executors, successors, and assigns.
8. Should any provision of this Agreement be declared to be determined by any court of competent jurisdiction to be wholly or partially illegal,invalid, or unenforceable, the legality, validity, and enforceability of the remaining parts, terms or provisions will not be effected thereby; and the illegal, invalid or unenforceable part, term or provision will be deemed not to be part of the Agreement.
9. In the event that the UBC Pension Fund will not except the payment made on your behalf, you will not be bound by the terms of this Agreement. This Agreement sets forth the entire Agreement between you and the Regional council and fully supersedes any prior agreements or understandings, written or oral, pertaining to the subject matter herein.
You are advised to carefully consider the terms of this Agreement and to discuss them with an attorney. You have up to twenty-one (21) days from the date of this letter to accept the terms of this Agreement, although you may accept it at any time during the twenty-one (21) days.
To accept this Agreement, please sign and date this letter and return it to me. Once you do so , you will still have an additional seven (7) days to revoke your acceptance. To revoke, you must send me a written statement of revocation by registered mail, return receipt requested. If you do not revoke, the eighth (8th) day after the date of your acceptance will be the effective date of the Agreement.
The Regional Council and I wish you every success in your future endeavors.
John Casey Executive Officer JC:pkr opeiu#29/AFL-CIO
By signing this letter, I acknowledge that I have had the opportunity to review this Separation Agreement carefully with an attorney of my choice, that I have read the Agreement and understand the Agreement's terms, and that I voluntarily agree to them.
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