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Monday, March 19, 2007

Soon As I Get Paid

I now have permission to share with you the Special Master's Report to the Supreme Court in the matter of Attorneys' fees in the Strunk case. The report is here. I also have a copy of Stipulation 1, which pertains to OPRI's attorneys' fees. It is here. It appears from reading these reports that retirees have won their battle for attorney fees, but it unclear how they might benefit from this ruling. If OPRI keeps its promise, those of us who donated to their Legal Defense fund might expect a refund of our donations -- that was the promise Jack Sollis made to members who donated. It seems only reasonable since PERS is going to "ding" retirees for their "win". Of course, all of this is predicated on the assumption that the Supreme Court accepts Judge Breithaupt's recommendations without modification. The unfortunate news is that there is nothing in the Special Master's report that would compel the Supreme Court to clarify its Strunk ruling as it pertains to the "fixed benefit" and its computation "without error". We had hoped that in the attorney fee hearings that this issue would be forced in order for the Supreme Court to declare how retiree's had "won". Alas, nothing in the report seems to force that clarification. On the other hand, having this out of the way removes any further obstacles to getting rulings in Arken and Robinson. Many believe Judge Kantor was waiting for the Special Master to issue his report and for the Supreme Court to clarify its Strunk ruling. Since that isn't likely to happen, Judge Kantor will be forced to rule on the merits of the cases before him without any "help" from the Supreme Court. Enjoy your reading.

On a totally unrelated subject, I will be out of the country from March 23rd to March 31st on a family vacation. I will have no access to email, the internet, or phone service. Do not expect anything posted here, on my other web site, or on the PERS Discussion Group at Yahoo. I will be truly out of contact (the sound you hear is my family cheering).

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