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Thursday, June 12, 2008
March Of The Pigs
Remember that PERS has claimed all along that I (you too) was never entitled to the benefit paid me when I retired. This is because, as they claim, the 1999 earnings were not final when I retired. Thus, I was (and have been) recalculated to a new base benefit on the effective date of my retirement and all COLA adjustments applied to the revised base benefit. So, let me pose a rhetorical question. If PERS believed that my base benefit was calculated wrongly and that I was not entitled to that base benefit, and that PERS was entitled to recompute my base benefit to reflect an 11.33% credit for 1999 instead of 20%, just why do they have the right to use the WRONG (in their opinion), illegal, incorrect benefit as the base for computing (a) my July 1, 2004 COLA and (b) my share of attorney fees. PERS claims "In accordance with the Court's decision [in Strunk], PERS calculated the COLA amounts each recipient would have received July 1, 2004." Wait, wait, wait, wait. How can PERS do this? How can PERS speak out of both sides of its mouth at the same time. How can PERS claim it is following the Strunk court's order, when they spent the whole of the Arken case INTERPRETING the Strunk Court's order in a completely different way? Maybe I'm stupid, or maybe a little naive, but I'm not dumb. PERS cannot have it both ways. It cannot claim my COLA amount is one thing based on a benefit they claim I'm not entitled to, and then turn around and claim the benefit I'm not entitled to is the basis of their computing an amount I owe them to pay for their f**kup. I don't get it. Perhaps someone smarter than I am can explain this to me. Perhaps Greg Hartman, or Judge DeMuniz, or Judge Kantor, or Paul Cleary. How is it legally possible to remain on both sides of the street at the same time?