Parker Correction IP: 64.12.116.198 Posted on February 4, 2010 at 07:39:42 PM by Dennis Ribaya
4 February 2010
President, Larry Vincent
In your post, Parker lawsuit, 2 Feb 2010 you said, “For those that feel my post is off the line, please send your comments, on-line, and I will answer. That goes for members, attorneys or whosoever.” You also said, “these are my opinions and are veriafiable.” [sic] It is in that spirit that I choose to respond, and in doing so, I am prepared to show facts and not opinions.
In my recent email letter to retirees, dated 1 February 2010, I showed that the Parker lawsuit has a price tag of $1,041,000 to date, however, it is not the litigant, John Parker who is at fault. Prior to the case getting out of hand I personally showed the Trustees (remember the Plan Administrator refused to meet with me), how the criteria for determining a 13th check was manipulated by Plan Administrator Jennifer Campbell to arrive at the finding she wanted, so as to withhold paying the Parker (2004) 13th check. The Trustees went along with her findings. What was her motivation? She wanted to withhold the (2004) 13th check from retirees, specifically the retirees in your retiree association, to dry up contributions to your legal counsel in your DEC action. Your DEC Action was the mother of costly lawsuits that didn't pay one dime in dividends, and cost the Pension Fund over a million dollars.
The Parker lawsuit has proven that the Trustees erred in not paying the check when it was due and has subsequently paid eligible retirees $5,700 and eligible surviving spouses $2,850. While we are on the topic of costly lawsuits, I bring up the Pena lawsuit, which is another fiasco that the Pension Fund will have to pay because of their lack of attention to detail. I blame the Pena lawsuit on Plan Administrator Jennifer Campbell and Pension Fund Attorney Cohen because they failed to advise the Trustees that members in DROP are to be paid the net investment return as required by pension contract. Both of these lawsuits would have been unnecessary if the Trustees would do their jobs in verifying information that is presented to them.
The Parker case should never have gotten this far, and I feel the Trustees did not stop Attorney Cohen from pursuing a losing defense to protect Plan Administrator Jennifer Campbell. Had the Trustees taken my advice on June 28, 2007, (See F&P Board Minutes June 28, 2007 agenda 15) and paid the 13th Check because it was the right thing to do, it could have been settled at that time in paying Parker's attorney fees for around $30,000.00. The Fund now faces paying Parkers' attorney $500,000.00. This is just bad legal advice from Pension Attorney Ron Cohen.
You stated,” The saddest part of all this is the fact that the Trustees were in the process of preparing to pay the 13th Check when this unnecessary lawsuit was filed. If you remember, fund Attorney Ron Cohen had done another review of SS 112.61 and concluded that a 13th Check was due and payable to eligible Retirees and Spouses. Then the lawsuit was filed and our monies became tied up in litigation.”
President Vincent, as you are no doubt aware, I make every effort to attend all Pension board meetings and court hearings. I have reviewed the minutes from all meetings and executive sessions, and no where have I ever seen any evidence where the Trustees reviewed any legal opinion from Pension Fund Attorney Ron Cohen, stating that they should pay the 13th Check before John Parker filed legal action on 15 June 2007.
The following are documented facts.
John Parker filed his lawsuit on 15 June 2007 (See F&P Board Minutes June 28, 2007 agenda 14, 15).
Pension Fund Attorney Ron Cohen's Motion to Dismiss the Parker lawsuit was recorded with the Court on 9 July 2007. (See F&P Board Minutes July 26, 2007 agenda 9 and agenda 15 where Mr. Vincent addressed the board regarding agenda 9, the Parker lawsuit. Mr. Vincent advised that his group is in agreement with the Parker lawsuit, that he believes that there is nothing in the law, the pension contract or policies and procedures to cover why the 13th check in dispute wasn't paid).
Based on Pension Attorney Ron Cohen's de nova review the Trustees determined that the Parker 13th Check should have been paid (See F&P Board Minutes December 13, 2007 agenda 21, f.).
The 13th Check was paid, by the Pension Fund, on 15 February 2008. (See F&P Board Minutes February 28, 2008 agenda 22, b.).
On 3 April 2008 Judge Nielsen denied the Pension Attorney Cohen’s Motion to Dismiss the Parker lawsuit. (See F&P Board Minutes April 24, 2008 agenda 28, c.).
President Vincent, as stated earlier you said, "these are my opinions and are veriafiable” [sic]. "The saddest part of all this is the fact that the Trustees were in the process of preparing to pay the 13th Check when this unnecessary lawsuit was filed.
President Vincent as you know, I take extreme pride as the retiree who does unlimited research on our Pension Fund. Your membership deserves the right to have information dissimulated to them that is correct and accurate. If in the future, you have any questions concerning the Parker lawsuit or the F&P Pension Fund I would be willing to share information that I know, based on research I have done.
President Vincent, thank you for giving me the opportunity to rebut your statements.