On Wednesday, April 3, 2019, Michalene McElligott <michalene@krislovlaw.com> wrote:
ATTORNEY CLIENT COMMUNICATION
Participants,
Regarding the Underwood case:
First, I am considering asking the court to stay the scheduled April 15 arguments on the City and Funds’ motions to dismiss our Sixth Amended Complaint, to see if the new incoming administration might be amenable to discussing a real and fair resolution for you all (either qualifying you for Medicare or expanding the Korshak/Windows 55% payments for all of you). To be sure, I think our complaint (which seeks to enforce the Funds’ obligation to provide coverage, and their contracting the City to do it for all annuitants) should survive. But, none of this will be resolved before the Emanuel administration exits. And some of this will be decided in our pending appeal over the Funds’ obligation to provide coverage, still on a longer time frame.
Second, on the subsidies bring-current payments, the City and Funds are posing a delay because for people who are not in the Aetna or Blue Cross plan, the Funds and City believe that the $700-$1500 lump sum payments will probably be taxable income for those who just attest, rather than providing actual proof of payments, and for some of you, who qualify for Obamacare subsidies, that the amount in 2019 might push you over the income limits to obtain federal healthcare subsidies.
My rough view on this one is that most of you want the money already, and to resume the monthly subsidies ASAP, regardless.
Your candid and speedy feedback on these issues would be appreciated.
Clint Krislov
Krislov & Associates, Ltd.
Civic Opera Building
20 North Wacker Drive, Suite 1300
Chicago, IL 60606
Telephone: 312-606-0500
Facsimile: 312-739-1098
Email: clint@krislovlaw.com
Website: www.krislovlaw.com
krislovlaw.com
Krislov Law is a Chicago based law firm which advocates tirelessly for their clients in high stakes litigation on behalf of investors, consumers and taxpayers,and is dedicated to protecting consumer, investor and taxpayer rights in class action matters.Illinois Police Benevolent & Protective Association (PBPA)
The PBPA and our national association NAPO are supporting this legislation in Washington.FYI
Participants,
Well today’s hearing went from 11:00 a.m. to around 2:00 p.m.
On our motion to disqualify the firemen intervenors’ lawyer for his previously representing the laborers’ fund’s insurer for a declaration that they had no liability for our case-Mr. Deady asked for and received a two-week response time.
Judge Cohen denied the city’s motion to strike our fee reply (see below) seeing it as something to consider as part of our fee hearing.
On our fees for the audit and reconciliation work on Korshak, our position is that the 2003 Settlement Agreement and 2009 reconciliation agreement intend that we get paid for this work, and we’ve done a great job:
making sure that the retirees have an accurate and transparent accounting of their premium charges,
that it has actually produced some major cash benefits for the retirees:
Over $65 million in reconciliation refunds for the periods 2003-2013
We’ve forced the city to audit the 2013-2 period,
Which uncovered the secret Blue Cross contract, in 2013-1st half, under which the City secretly pocketed $1,000,000;
And we forced that to be re-reconciled, adding $200,000 to retirees,
And in the re-reconciliation of 2013-1, we learned (from their inadvertently attaching some emails to a spreadsheet) that there were some uncashed reconciliation checks.
That uncovered more than 8,000 uncashed checks, some dating back as long as 13 years, which the City now is in the process of finding people to pay.
And we’ve done this over the City’s determined efforts to prevent transparency, and their threats against me for disclosing their concealment. The City’s position is that they’re not obligated to pay for this work at all, that most of the cash refunded goes to people other than the pre-8/23/1989 retirees, and much of the time should not be compensated.
Judge Cohen seems very critical of the city’s assertion that it doesn’t owe fees for this work, and started to get into the details, then started to press for everyone to let him mediate a resolution. We said that we are always amenable to mediate, but time is short, we need the money and the person from the city would have to be someone with actual authority. Judge Cohen agreed on the authority, but said he’s not responsible for keeping our office open. But would be available to mediate even on a Saturday in early April. We’ll see.
For the City, Rich Prendergast did not commit, but would get back to the court.
Regarding our complaint and class certification motions, the Judge said that he will be gone next week, and could not read everything by April 3, so put off the hearing from April 3rd to April 15, 2019 at 8:30 a.m. in the morning. All the alternative dates were worse. Although, having the hearing after the election might be of some benefit. There’s more, but that’s where we are at the moment.
On the subsidies, the City and funds are now saying that there is a problem in paying the subsidies for the people outside the Aetna and Blue Cross plans, that it may be taxable unless they have actual proof of payment, for anyone who gets more than $600, and that they are concerned that the money may put some people over the ACA income level for healthcare subsidies. I said that we will cooperate, but the City and your Funds’ trustees seem determined to figure out any way possible to delay or get you to waive getting your money. We’ll see on this one as well.
In the meantime, your contributions are still needed.
And appreciated.
Oh, and for those of you who are now concerned that we might actually get paid, and think we should give refunds, I’ve always said that we would consider it based on where we come out of this in the end.
In the meantime, we’ve reached the limit of our borrowing, and we need your help to continue.
Our Appellate brief should be filed by April 7-seeking coverage for all of you.
Our Sixth Amended Complaint seeks coverage for all of you.
Clint Krislov
Krislov & Associates, Ltd.
Civic Opera Building
20 North Wacker Drive, Suite 1300
Chicago, IL 60606
Telephone: 312-606-0500
Facsimile: 312-739-1098
Email: clint@krislovlaw.com
Website: www.krislovlaw.com
timesofsandiego.com/politics/2019/03/18/supreme-court-deals-san-diego-a-blow-on-public-pension-re...
Supreme Court Deals San Diego a Blow on Public Pension Reform - Times of San Diego
timesofsandiego.com
The U.S. Supreme Court dealt a blow to San Diego's 2012 pension reform when it declined to hear the city's appeal of a lower court decision.FYI...
www.latimes.com/local/lanow/la-me-ln-pension-court-20190304-story.html?fbclid=IwAR2ItJdGH85IXQs-S...
California Supreme Court to decide whether government can cut pensions
latimes.com
For more than 60 years, California has adhered to the so-called "California Rule," which guarantees workers the pensions that were in place the day they were hired. This has stymied state and local lawmakers now wrestling with hundreds of billions of dollars in pension shortfall.www.chicagotribune.com/news/local/politics/ct-met-illinois-finances-civic-committee-20190205-stor...
chicagotribune.com
A group of Chicago business leaders is calling for $8 billion in tax hikes and spending cuts and a revamped pension funding plan to fix Illinois’ financial mess.On Friday, February 1, 2019, Michalene McElligott <michalene@krislovlaw.com> wrote:
Participants,
We’re making some progress.
The hearing went from 11:00 to 2:30 or so.
On the subsidies:
Judge Cohen agrees that the Funds are obligated to bring the subsidies current, and continue paying them prospectively, with a few things to be worked out. However, it may be as soon as March’s annuity payments that the bring-current amounts may appear.
For the Bring Current amounts, the criteria is that the person was, during the period 1/1/2017-to the present, an Annuitant receiving an age and service annuity.
For Municipal and Laborers, the person must have been at least 65 years old with at least 15 years’ service.
For Police and Fire, the monthly amount is either $55 (for Medicare NQ), $21 for Medicare qualified people.
And he is limiting this to people who were in a health plan. (Any legal plan will probably do).
For the people who have been in the City’s BlueCross or Aetna plans, the Funds know all of their situations without more.
For the people who have been in other plans, you’ll have to fill out a form, under penalty of perjury, listing the plan you’ve been in, and that you’ve paid at least the subsidy amount for your coverage.
We have asked the judge to hold 1/3 from the bring-current amount, for fees. He seems amenable to that, although the City and Funds’ position is that any fee from the recovery would violate the constitution, and any fee against the City or Funds could only be for discrimination by race, sex, national origin or gender. So, their position is NO FEES for Krislov from any source.
Our proposal has always been to certify the case as a class action, give notice of what is proposed, and allow the annuitant class to weigh in.
So we are drafting a notice and form, for all annuitants, to advise them regarding the subsidies, and our claim to a portion of the bring-current amount for our fees. We hope you will want to support us in this aspect.
We will be back before him on February 15th at 11:00 a.m. to propose forms for the Notice and Annuitant Information Form. We cannot guarantee that this will all be in place to increase your March annuity payment, but we’ll give it our best shot for you.
We have not forgotten about the still-more-important matter of forcing them to provide coverage, and at a reasonable rate, and especially for those of you who do not qualify for free Medicare coverage. We’re working on that in the Appellate Court, and in our latest Sixth Amended Complaint to Judge Cohen. In the meantime, Medicare should be a group plan, so if you have to pay for Medicare coverage, you’ll still qualify for the subsidy, albeit small, going forward.
Whether we get it by the courts or the next administration, we’re still working on getting it for you.
There’s more, but we know that many of you are waiting to hear what happened.
Clint Krislov
Krislov & Associates, Ltd.
Civic Opera Building
20 North Wacker Drive, Suite 1300
Chicago, IL 60606
Telephone: 312-606-0500
Facsimile: 312-739-1098
Email: clint@krislovlaw.com
Website: www.krislovlaw.com
krislovlaw.com
Krislov Law is a Chicago based law firm which advocates tirelessly for their clients in high stakes litigation on behalf of investors, consumers and taxpayers,and is dedicated to protecting consumer, investor and taxpayer rights in class action matters.On Friday, January 18, 2019, Michalene McElligott <michalene@krislovlaw.com> wrote:
Dear Retirees,
Here’s something you can do to help the cause.
We all should be pressing the candidates for mayor on where they stand on retiree healthcare,
Both for those of you that were promised it under the City’s plan,
And especially for those of you whose City employment did not qualify them for Medicare coverage, because their hire date precedes April 1, 1986.
You can contact all of their offices and ask.
We are happy to discuss this with any of the candidates, and we’ll post the results of who is for us and who is not.
Clint Krislov
Krislov & Associates, Ltd.
Civic Opera Building
20 North Wacker Drive, Suite 1300
Chicago, IL 60606
Telephone: 312-606-0500
Facsimile: 312-739-1098
Email: clint@krislovlaw.com
Website: www.krislovlaw.com
krislovlaw.com
Krislov Law is a Chicago based law firm which advocates tirelessly for their clients in high stakes litigation on behalf of investors, consumers and taxpayers,and is dedicated to protecting consumer, investor and taxpayer rights in class action matters.interesting...
budgetblog.ctbaonline.org/chicagos-pension-crisis-isn-t-really-about-pensions-it-s-about-debt-cab...
Chicago’s pension crisis isn’t really about pensions — it’s about debt
budgetblog.ctbaonline.org
Four out of five dollars of the city’s 2019 contribution are for benefits earned, but not paid for, in prior yearsFrom March 2016
chicago.cbslocal.com/2016/03/24/illinois-supreme-court-to-rule-on-chicago-pension-bailout/?fbclid...
Illinois Supreme Court Rules Chicago Pension Bailout Unconstitutional
chicago.cbslocal.com
The Illinois Supreme Court has struck down the Emanuel administration’s attempt to bail out the severely underfunded pension systems for city workers and laborers.FYI
From: Clint Krislov <clint@krislovlaw.com>
Sent: Monday, December 31, 2018 2:05 PM
Subject: Retiree Update- the Illinois Appellate Court rules that no fees are obtainable in pension litigation; not from the city, nor from the recovery
Dear Retirees/annuitants/healthcare participants,
We wanted to share the appellate court’s recent ruling in the City pension reform case, holding that despite our success in restoring and protecting the lifetime COLAs for municipal and laborers, that no attorneys’ fees are obtainable.
Not against the City, because it was not a case involving discrimination on race, sex, national origin or gender; and
Not from the hundreds of millions of dollars produced and protected, in the view that it would violate the Constitution’s pension protection clause by diminishing the annuity benefits received.
This is a very bad decision for pension rights.
We are pursuing both getting back your coverage, and seeking to force the Funds and City to bring your subsidies current, and protect them for life.
If there are no attorneys’ fees obtainable, the current cases may be the last pension cases we can afford to bring.
While we know that many of you are pressed financially, so are we.
We will continue to pursue these matters, but our resources are vastly outnumbered by the City and Funds, who are devoted to spending whatever it takes to defeat us.
We cannot do it forever, but we will do it as long as we can, and of course, we’ll seek the reversal of the appellate court’s decision.
In the meantime, contributions are needed, and would be appreciated.
Clint Krislov
Krislov & Associates, Ltd.
Civic Opera Building
20 North Wacker Drive, Suite 1300
Chicago, IL 60606
Telephone: 312-606-0500
Facsimile: 312-739-1098
Email: clint@krislovlaw.com
Website: www.krislovlaw.com
On Friday, December 14, 2018, Michalene McElligott <michalene@krislovlaw.com> wrote:
Dear Retirees/Annuitant Healthcare Participants:
An initial report on last Wednesday’s Hearing
Uncashed Premium Reconciliation Refund Checks.
We have been under a confidentiality order on this until yesterday.
Last June, we inadvertently learned that there were some number of reconciliation refund checks that had not been cashed.
We view these as Unclaimed Refunds, which, under the 2003 Settlement and 2008 Audit & Reconciliation Order, should have been recycled into reducing premiums for ongoing participants,
rather than just kept by the City..
The City’s attorneys refused to disclose the number and amounts, basically giving the City cashfloat on them.
As a result of our pursuit, the court in September ordered them disclosed to us, but under a confidentiality order, so we could not disclose them.
Yesterday that order was lifted.
There were approximately 8,000 outstanding checks totaling $ 837,715.01; an average of $100 per check, some exceeding $1,400.00; some dating back to 2005-thirteen years that the City has kept this secret.
The City says that it has now written to last known addresses for the 6,000 people, and believes that some 2,000 are already deceased.
Beginning possibly today, but certainly next week, the City will be putting a button on its website so retirees and their families can search to see if there are uncashed checks for them, and a way to get them reissued.
The court has prohibited us from publishing the list on our website; so in the meantime, you can call the benefits office (1-877-299-5111), to see if you are on the list.
The City’s Notice Ads should start running in the newspapers on or about December 26, 2018.
The Unpaid Subsidies
We strongly pushed to get the statutory healthcare subsidies brought current in the January annuity payments.
For police and fire that would be a lump sum: $1320 for non medicare, $504 for medicare qualified,
And kept current thereafter,
For Police and Fire: at $55 per month for nonmedicare, $21 for medicare qualified,
For Municipal and Laborers: $25 monthly, regardless of Medicare status.
At first, Judge Cohen seemed inclined to wait until the city levies an amount to support the healthcare subsidy (which would take years).
We eventually convinced him that the Funds are obligated to pay the subsidies, and they can’t just defer to the city.
Additionally we crafted and presented a spreadsheet showing that the total to bring the subsidies current (about $16.5 million) is a trivially small portion of the Funds’ assets
(Police have over $3billion, Fire $1B, Municipal $4.55B and Laborers $1.27B).
The judge actually seemed to pick up on this one and pressed the Funds on this.
They squirmed, but really could not refute their obligation, just said they have a fiduciary duty not to pay anything for which they don’t have a dedicated revenue stream.
While the judge seems to share our view rejecting that defense, he wanted to give them a chance to weigh in on the obligation and the amount, and has scheduled us for January 16, 2019 on this issue.
We pushed to have it done by year end, but judges seem to give everyone a lot of leeway around the holidays.
We are proposing that the funds just pay 2/3 of that money out to annuitants (who should not have to wait any more) and pay the rest into the court or hold, as fees, for producing the recovery.
(To correct some misstatements that we’ve heard, we’re asking for a 1/3 fee from the “make current” lump sum. We would not claim anything from future annuity payments, just 1/3 of the bring-current amount.)
And, there is no certainty that we’re going to get any fees from this at all.
The city’s lawyer felt the need to weigh in, to inform the court that there is a question about whether any fees are obtainable in pension cases, either from the City or the recovery.
So, we know that the one thing that will unite the City and Funds lawyers is fighting against our firm getting anything for this work, even from a recovery.
Our Appeal to the Appellate Court seeking enforcement of the Funds’ statutory obligation to provide a plan for their annuuitants.
We’re working on the brief to the appellate court asking to declare that the Funds do have an obligation to provide a plan for their annuitants.
Might be on file by year end.
So, we’re actually making some progress.
We hope to get your subsidies brought current in the February annuity payments.
And we’re trying to get your entitled coverage back in place, maybe during 2019.
But you cannot wait to sign up for coverage. Call your Fund and make sure you’re signed up and covered under some healthcare plan for 2019.
And we’d appreciate your contributions to the warchest. www.krislovlaw.com
We’ll post the hearing transcript when we get the final version.
Email us with any questions.
Clint Krislov
Krislov & Associates, Ltd.
Civic Opera Building
20 North Wacker Drive, Suite 1300
Chicago, IL 60606
Telephone: 312-606-0500
Facsimile: 312-739-1098
Email: clint@krislovlaw.com
Website: www.krislovlaw.com
krislovlaw.com
Krislov Law is a Chicago based law firm which advocates tirelessly for their clients in high stakes litigation on behalf of investors, consumers and taxpayers,and is dedicated to protecting consumer, investor and taxpayer rights in class action matters.Today’s update...,,,,
From: Clint Krislov <clint@krislovlaw.com>
Sent: Monday, December 10, 2018 4:18 PM
Subject: Retiree Update-Wednesday December 12 will be at 10:00; not 9:30.
At that hearing, we will request Judge Cohen to order the Funds and City to bring the subsidies current through the end of 2018; and continue them permanently thereafter.
For Police and Firemen, that would result in a payment of $1320 for nonMedicare annuitants, $504 for Medicare qualified; now with monthly payments thereafter of $55 or $21, for life.
For Municipal and Laborers, it would be $600 each, to bring you current, and $25 each month thereafter.
We will also ask that the court hold a portion of the make-current payment for attorneys’ fees.
While it will require the appellate court’s eventual review to get your coverage restored, this may at least give some comfort with the new year.
We’ll keep you posted, and there will be other developments, about on which we will be able to speak more at the end of the week.
Clint Krislov
Krislov & Associates, Ltd.
Civic Opera Building
20 North Wacker Drive, Suite 1300
Chicago, IL 60606
Telephone: 312-606-0500
Facsimile: 312-739-1098
Email: clint@krislovlaw.com
Website:
www.policeone.com/gun-legislation-law-enforcement/articles/482065006-Armed-in-America-Its-not-eas...
Armed in America: It’s not easy being a retired cop
policeone.com
The Thousand Oaks shooting is one more example of a time when a concealed carry citizen could have stopped an active shooterwww.forbes.com/sites/dianeoakley/2018/10/30/the-predictable-consequence-of-cutting-public-safety-...
The Dangerous Consequence Of Cutting Public Safety Pensions
forbes.com
The Town of Palm Beach is a cautionary tale for employers considering changes to retirement benefits, especially for public safety workers. Their short-sighted decision was an abject failure.FYI
chicagocitywire.com/stories/511130434-projection-chicago-s-police-pension-fund-will-be-broke-in-2021
Projection: Chicago's police pension fund will be broke in 2021
chicagocitywire.com
Without a taxpayer bailout, Chicago’s police pension fund won’t have enough money to pay benefits to retirees in 2021, according to a projection by Local Government Information Services (LGIS), which publishes Chicago City Wire.Judge Cohen gave us the language to enable us to appeal his ruling on the Funds’ obligation to provide coverage-so we’ll be in the appellate court on that one right away.
On our motion to force the Funds to bring the subsidies current, Judge Cohen started down the road to making the funds bring the subsidies current and deposit $13mm into a fund under court control, but instead allowed briefing on the issue of who has to fund it, with briefs, the issue will be coming to a head sometime after November 19.
He seems inclined against awarding fees from that recovery, but will consider briefing the issue with a petition.
On the audit and reconciliation issues, he wants it completed as soon as possible, and will not accept the city’s continued “we’re working on it”.
He did order them to produce for me the listing of all uncashed refund checks, but he also ordered me to keep it confidential until told otherwise. We think this will total something over $100,000, and should be credited to annuitants. We’ll keep you posted.
And on our fee request from the City for our work on the audit and reconciliations, he wants a separate fee petition on the audit and reconciliation fees, which I’m going to try to get done today, certainly this week.
Could be worse. May be difficult to get refunds compelled before year end, but we’ll try.
In the meantime, it is evident that the City will oppose our getting fees in any fashion, so your contributions are needed, more than ever.
Clint Krislov
Krislov & Associates, Ltd.
Civic Opera Building
20 North Wacker Drive, Suite 1300
Chicago, IL 60606
Telephone: 312-606-0500
Facsimile: 312-739-1098
Email: clint@krislovlaw.com
Website: www.krislovlaw.com
krislovlaw.com
Krislov Law is a Chicago based law firm which advocates tirelessly for their clients in high stakes litigation on behalf of investors, consumers and taxpayers,and is dedicated to protecting consumer, investor and taxpayer rights in class action matters.Retiree Update: Underwood-Ruling!
From: Clint Krislov
Sent: Tuesday, August 14, 2018 11:10 AM
Subject: Retiree Update: Underwood-Ruling date on our motion to compel the Funds and City to provide a healthcare plan and bring subsidies current. Judge Cohen has set September 25, 2018 at 10:00 am for ruling on our motion to compel the Funds to provide healthcare coverage for their annuitants, to bring the subsidies current, and continue them for life. We'll see if he sticks by his previous rulings that the Funds have the primary obligation to provide coverage and pay the subsidies. This will be a major ruling.
The City and Funds are claiming that the only obligation is the subsidies, and are pointing at each other over who has to pay it to you. I’m confident that one or the other will have to bring the subsidies current and keep them paid for all participants first hired by mid-2003.
We’ll see what he does on the coverage issue, as well.
A good retiree turnout would show your interest.
Tuesday, September 25, 2018 at 10:00 a.m.
Daley Center, 50 W. Washington, Room 2308.
Regards,
Clint Krislov
Krislov & Associates, Ltd.
Civic Opera Building
20 North Wacker Drive, Suite 1300
Chicago, IL 60606
Telephone: 312-606-0500
Facsimile: 312-739-1098
Email: clint@krislovlaw.com
Website: www.krislovlaw.com
krislovlaw.com
Krislov Law is a Chicago based law firm which advocates tirelessly for their clients in high stakes litigation on behalf of investors, consumers and taxpayers,and is dedicated to protecting consumer, investor and taxpayer rights in class action matters.Enjoy my new article in Law Enforcement Today...https://www.lawenforcementtoday.com/duty-belt/
lawenforcementtoday.com
Duty Belt ... This last Tuesday I went to a reunion luncheon along with many of the officers I later worked with and we spoke of old war stories and how times have changed.
