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.FYI
On Friday, June 15, 2018, Michalene McElligott <michalene@krislovlaw.com> wrote:
Participants,
Our Fourth Amended Complaint and new Motion for Class Certification are on file (attached).
The City and Funds, and the Court all wanted new amended versions to be filed. We resisted, but the new complaint includes all of the Korshak trial transcript, which shows that the Funds cannot now seriously dispute their obligations to provide coverage for their annuitants.
Read the complaint and exhibits here: www.krislovlaw.com/retiree-healthcare-fourth-amended-class-action-complaint/. The exhibits now are so lengthy that as a single package they would exceed your email limits. We have the exhibits up on our website as separate items, and we’ll suggest things to look at individually.
We also have attached our pending our motion to force each Fund to:
(i) Provide coverage for its annuitants; and
(ii) to bring the subsidies current and continue them permanently.
The Funds and the City are separately responding to the issue of which has to actually pay the subsidies.
We’re really trying to get the court to force them to provide coverage for all of you; Medicare or nonMedicare. Remarkably, they resisted sitting down for a meeting to explore coverage with another company. They appear to be determined to entirely avoid their obligation to provide coverage.
These matters will all come to a head in probably late July.
Yesterday morning, the judge permitted some Local2 firemen annuitants to intervene; they have until July 2 to either adopt our complaint or file one of their own.
We’ll see how this goes, but we’ll fight to keep this moving.
Our re-re-re-revised Class Certification motion is on file, but the judge keeps putting it off for the other items to be addressed first.
Happy to answer any questions, and share both our frustration and determination to keep this moving.
We’re fighting for you, and would appreciate contributions to the War Chest.
Please and Thank 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
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 Thursday, May 24, 2018, Michalene McElligott <michalene@krislovlaw.com> wrote:
Participants,
We were back before Judge Cohen today on two matters:
On the firemen’s motion to intervene-Judge Cohen had not seen the firemen’s reply and continued the argument on their motion to June 13.
We filed the attached motion to compel the Funds to (1) bring the subsidies current and put them into an account under the court’s control and (2) force them to start working on a plan for your coverage for 2019.
We seem to have gotten some traction on this. Judge Cohen has ordered these issues to be briefed, with hearings in July likely.
Our goal here is to force the City and Funds to make up the unpaid subsidy amounts for the period 1/1/2017 to the present (which should produce somewhere between $350 and $1000 to each of you), plus force them to keep the subsidies current going forward.
From our view, it is at least as important that they start working on a group plan for 2019, right now. Responding to our note that the city may not continue the “unsponsored” Blue Cross plan next year, City lawyer Prendergast could only state that no decision had been made. We’ll keep you posted.
On another note, we’re asking the City and Funds for a demographic showing ages and Medicare qualification status for the whole group, in order to figure out what it would actually cost to get those of you over 65 covered in Medicare, and a handle on what the under 65 demographics actually are, as well. We’ll keep you posted.
Your contributions to the war chest are invited.
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.Participants,
On Wednesday, May 23rd, Judge Cohen will be dealing with the intervention motion by some Local 2 firefighters. Attached is our opposition to their intervention.
We’re asserting that they sat by for thirty years and now want to claim credit for the subsidies, without regard even for their own members who don’t qualify for medicare.
Additionally, on Monday we will be filing a new motion to order the Funds to bring their subsidies current immediately into a protective fund under court control and to keep them paid going forward.
Also we will be re-filing our motion to compel the trustees to fulfill their duties to provide healthcare plans for their annuitants.
If some of you could show up on Wednesday at 10:30 a.m. in room 2308, that would be great.
p.s. The warchest is severely depleted. Please consider contributions at this time.
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.Participants,
Re: Court Today
Before we left for court, we received the court’s decision that the City has to re-reconcile the 1st half of 2013. This should produce additional refunds for the nonmedicare annuitants totaling hopefully $190,000 but may take a month or two to arrive at a final figure.
In court, the Funds now assert that it is the City who is obligated to pay the subsidy. We asked him to order the Funds to bring it current and keep it current, but he is holding that issue for the determination of what the Funds’ responsibility is to provide and subsidize a plan for their annuitants.
Judge Cohen was starting to lean to just the subsidy. I argued that participants, especially those who began before 4/1/1986 are entitled to have the court enforce the statutes’ imposing primary obligation on the Funds to provide a healthcare plan for their annuitants. He wants a new complaint and class certification motion. We initially stood on our existing complaint, and complained that we are just going back to the beginning again, but finally agreed to file an amended complaint and class certification motion, reflecting the appellate court’s rulings, in the understanding that we are to deal with the issues of the Funds’ obligations to provide a plan and subsidize it.
To his question whether the statutes were antiquated and should be interpreted as only protecting the subsidy, I argued that the statutes deal with people, many of whom started before 4/1/1986 so were not going to be medicare qualified, and who are entitled to have the Plan Trustees perform their statutory obligations to provide a plan for people whose city work does not entitle them to medicare coverage. I also pointed out that our firm, a small group of 9 has a group plan that is cheaper than the blue cross plan; so if I can do it, the Funds, each with thousands of participants, can certainly find a group plan themselves at a lesser cost than the Blue Cross plan.
We also moved to have the court order the Funds to bring their subsidies current, since they haven’t paid them since the end of 2016. He has deferred that until he sees the new complaint and class certification motion. He has ordered that we be on an expedited schedule for all of the motion practice.
In the meantime, Local 2 Firemen retirees have filed a motion to intervene, seeking the same orders regarding the subsidies, reminiscent of when the Firemen’s Fund tried to intervene in the Ryan case, after sitting for years, then dropping in to try for credit and fees for producing a recovery generated by others. When the Firemen did this years ago in the Ryan case, Judge Curry labelled them “the Mugging of the Good Samaritan”. Regardless, the Judge has set briefing on this issue, for argument and decision May 23, 2018 at 10:30 a.m.
We expressed our displeasure with starting over again, and the Judge directed everything to proceed on an expedited basis. We’ll see. We’re next before him on May 23rd, and presume he will set the next hearing on everything in July.
I share your frustration, but perhaps we’re finally going to get things resolved. The war chest is in serious need of replenishing, so we’d appreciate contributions again.
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.Participants,
Before we've left for court, we received the attached order from Judge Cohen, ordering the City to re-reconcile the 1st half of 2013 including the missing $2.1 million from the $10.5 million settlement with Blue Cross.
It may not be a large additional refund to almost all of you, but this establishes that we were right in challenging this concealment.
Who knows? Maybe the tide is turning our way.
We'll report later on what happens in court today.
A copy of our agenda is attached also.
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.Just a reminder that there is a hearing before Judge Cohen on the Retiree Healthcare matters on Monday, April 30, 2018 at 10:30 a.m., Daley Center, Room 2308.
As always, your attendance is encouraged.
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.Law Enforcement Today Just published my article www.lawenforcementtoday.com/just-hit-enter/
lawenforcementtoday.com
Just hit ENTER ... On the Chicago police department, when you want to retire, you have to submit a form online. In the past to retire with certain benefits you had to retire at a specific time of the year and submit your retirement application a prescribed time ahead.On Thursday, April 5, 2018, Michalene McElligott <michalene@krislovlaw.com> wrote:
Dear Annuitants/Participants and Retirees,
I too wondered about the decision reported in the news about Judge Cohen’s ruling that the Park Employees pension amendments were unconstitutional and ordering refunds.
Here is a copy of his decision, finding that, like the Jones and Johnson v. MEABF case, the amendments to the Pension Code that reduced benefits and increased participant contributions violated the Constitution’s Art.13, Section 5, the Pension Protection Clause. While it seems like he’s ruling in participants’ favor in other cases, he probably views them as the same, enforcing the statute as it was in effect, against subsequent adverse changes. In our case, our claims are based on those statutes PLUS our claims that the City contracted to be the coverage, and induced you all to rely on it - both of which he rejected as not enforceable, and was upheld by Justice Simon.
I’m not saying that I agree with any of this, but that’s what the response would be.
We are still working towards a battle on April 30 because he held that the Funds do have a primary obligation to provide you all with a retiree healthcare plan, and he seems to want to push them in that direction. We’ll see.
Happy to answer any questions.
Clint
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 Thursday, March 29, 2018, Michalene McElligott <michalene@krislovlaw.com> wrote:
Participants,
Since the next hearing will be more involved than a short status report, Judge Cohen has moved the April 19 hearing to Monday, April 30 at 10:30 a.m., Room 2308.
Annuitant turnout will be helpful.
Clint Krislov
Krislov & Associates, Ltd.
Civic Opera Building
20 North Wacker Drive, Suite 1300
Chicago, IL 60606
Telephone: 312-606-0500
From: Clint Krislov
Sent: Thursday, March 15, 2018 3:39 PM
Subject: Retiree Update-Settlement Negotiations-Confidential Attorney Client Communications
Dear Retirees,
As you expected, the matter did not settle today, and likelihood seems slim.
The short description is that unless the city steps up with a contribution, it’s unlikely that we’ll get anywhere. We are to report back to Judge Cohen on April 19 at 10 a.m.
I think there is certainty under the law and decisions, that the Funds will have to pay up their subsidies from 1/1/2017 to the present and going forward. We don’t need a settlement to get to that result. Our well-published position is that the Funds have two obligations: 1) to provide a plan for all of their annuitants, and 2) to subsidize it at the $55/$21 or $25 monthly amount.
As to the funds, their public statements are that they have no obligation other than to process withholding and subsidies. I don’t think that we can settle with the Funds without a permanent obligation to provide a plan for all of you, at least for those of you who were hired by mid-2003. Based on the appellate court’s ruling that the protected class is anyone hired before the execution or effective date (7/31/2003) of the 2003 settlement, there will probably be some tension over whether the term “execution” means April 3, 2003 when it was first signed, or July 31, 2003, the date of its execution, meaning the date it went into effect. I know this only affects a small number of you, but it is something that will need to be decided.
The big question is whether the City will contribute to retiree healthcare costs beyond the subsidy. Our position on this is that there has to be a contribution by the city; maybe either make everyone medicare qualified or equivalent, or pay a minimum percentage of the person’s healthcare costs. We’ll keep you posted.
I know that some of you would waive a portion of your COLA in exchange for the city’s either making you medicare covered or equivalent, or in exchange for a portion of your healthcare costs, and that there are others who would not waive any portion of your COLA under any conditions, at all.
We haven’t agreed to anything yet, and we won’t agree to a settlement that just gives you the subsidy. If there’s going to be a settlement, the city will have to contribute to the costs of coverage, or there simply won’t be a settlement. And any waivers will be at each individual’s decision.
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.FYI:
Participants,
We received a call yesterday from Judge Cohen advising that he wants to continue the settlement conference scheduled for today, March 9, to next week, and we are likely going to get this re-set for March 15.
As you recall, the meeting was set as an in-chambers negotiating session (mediation), and was not a public hearing. We will confirm the date and inform you shortly.
Ken Goldstein
Krislov & Associates, Ltd.
www.dailyherald.com/news/20180109/biss-illinois-suffocating-under-too-many-pension-systems
Biss: Illinois suffocating under too many pension systems
dailyherald.com
FYI
From: Clint Krislov
Subject: Retiree Update: March 9 Negotiating Session (Not a Public Hearing)
Participants,
As you know, Judge Cohen has set an in-chambers negotiating session for March 9. This is an in-chambers mediation, not a public hearing.
Each of the three groups (us, the City and the funds) presented a confidential position paper in which we were to set out the following:
What we think the court decisions require of each group.
What efforts at settlement have been made.
What each would propose as a settlement.
As to No.1, it’s no secret that that our position is that the court has declared that the Funds have a primary obligation to provide healthcare plans for all annuitants, but they’re obviously not doing that. And the Funds disavow anything other than an obligation to pay subsidies at the 1983,1985 levels, and the city believes that the court let it out other than to levy a tax to support the subsidy.
As to Settlement efforts, it’s no secret that the city has just refused to negotiate or offer any counterproposals to provide healthcare for any of you other than the Korshak and Windows retirees, and not exactly what even they are entitled to.
We really do appreciate all of your submissions, and incorporated them into our submission; the main point being that your participating in the City’s/Funds’ annuitant healthcare plans is what got most of you into the nonqualified-for-medicare-without-penalties position that you are in, and that fundamental fairness requires them to fix that.
The core of our proposal focuses on those of you who are not medicare qualified, either by age or quarters; especially for those of you who will probably never have sufficient quarters. We have not and cannot waive anything for you.
Some of you would be willing to waive the COLA in exchange for coverage; some of you are unwilling to waive your COLA under any circumstance. If there is such an offer, in exchange for medicare coverage or 55/45 cost sharing, it will be your choice for you to make for yourself, considering your own situation.
We do think that the City and funds need to address the costs (including penalties for delayed signup) of getting you all medicare covered or equivalent, unless and until you qualify yourself. Or having the city wrap most of you into the Korshak and windows group, 55/45 cost sharing, hopefully with subsidies.
In the meantime, you all might contact your trustees, ask them to rethink their disavowing their obligations to provide you with coverage. With fiduciaries like them, who needs enemies?
We go into the negotiations with hopes and demands for you.
We’ll let you know how this proceeds.
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.www.nytimes.com/2018/03/05/opinion/investor-class-pensions.html?smid=fb-share
Opinion | The Real Reason the Investor Class Hates Pensions
nytimes.com
It’s not about a funding crisis — it’s about turning retirement savers into passive investors.www.pionline.com/article/20180226/ONLINE/180229886/chicago-policemen-pension-fund-sells-private-e...
Chicago Policemen pension fund sells private equity portfolio to improve liquidity
pionline.com
Chicago Policemen's Annuity & Benefit Fund's board of trustees authorized internal investment staff to get out of private equity.teacherpoetmusicianglenbrown.blogspot.com/search/label/pensions
teacherpoetmusicianglenbrown.blogspot.pe
A writer must “know and have an ever-present consciousness that this world is a world of fools and rogues… tormented with envy, consumed with vanity; selfish, false, cruel, cursed with illusions… He should free himself of all doctrines, theories, etiquettes, politics…” —Ambrose Bierce (1...FYI:
Dear Retirees,
It is with great disappointment to report that I have received in the mail the attached denial of our motion seeking the Supreme Court’s reconsideration of its denial of our petition.
This casts the Appellate Court’s decision as the last word on the City and Funds’ obligations, even though we, the City and the Funds trustees differ greatly over their obligation to provide healthcare plans for their annuitants.
As you know, the Circuit Court has scheduled an in-chambers negotiating session for March 9, 2018, with submissions to be delivered to the court on February 26, 2018, explaining our view of what the obligations are, what efforts have been done to pursue settlement, and what we each would propose.
While I share your great disappointment at the courts’ decisions to this point, we still intend to push for the best negotiated classwide settlement we can for you, and for the annuitants, all of you. Your emails and calls have made us very aware of your varied situations, and we will fight still to get the best possible settlement, with choices that will hopefully address each of your situations. But, rest assured that we cannot, and will not, waive any of your individual COLA or pension rights. We will propose a class settlement that will offer alternative packages, so that each of you would be able to select, as fits your particular situation.
I cannot predict how this will come out, but we will certainly do the best we can, and keep you apprised. Be assured also that any proposed settlement will be very publicly vetted, with your right to object or opt out.
Since the courts have still not certified the case as a class case (except for the pre-8/23/1989 retirees), its holdings are not actually legally binding on those who were not signed as plaintiffs. On the other hand, it would be a long shot to hope that a new case filed by someone else would not result in the court following the decisions in this case.
In the meantime, keep sending us your descriptions of your situations:
Age
Date of Hire
Which Fund
Date of Retirement
Gross Annuity
Medicare Qualifying Quarters
Cost of your Healthcare, and
Your health situation:
to help us prepare for these negotiations.
And while I know it’s financially a strain, your contributions are still needed and appreciated.
We’ll be back to you before the 26th.
Sincerely,
Clint
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.
