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:
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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
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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
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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.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.
