[Missouri-l] {Spam?} Fw: Latest Blind Pension Update

[Chip Hailey]

There is good news of the Blind Pension Fund Litigation effort.  Dr. Jim LePage, the Court-appointed Special Master, is working hard to determine the damages owed to pensioners related to the years of underpayment by the State of Missouri.
 

He is also developing figures which will show what the current pension payments should be.  

 

He is developing figures that cover two time periods:  1992 through 2009-the time period our attorneys have urged upon the Court as the correct time period, and, 2001 through 2009-the time period that the State want to have apply so that it will not have to pay pensioners the full amount of the underpayment due them.

 

Dr. LePage is also computing pre-judgment interest and a common fund damage amount from which attorneys' fees and money to reimburse MCB could be paid.

 

Happily, and because of all our efforts and support, this case has turned into a "When" case instead of an "If" case.  It's now a matter of when we get paid not if we get paid.

 

Our attorney, Debbie Greider, believes that the Court will order attorneys' fees in excess of the amount necessary to reimbursed MCB, pay her, and pay Saint Louis University School of Law.  Debbie has indicated that she will not take a penny in attorneys' fees until MCB has been reimbursed.

 

Debbie will be urging the Court to create a trust from any unclaimed damages money to go to MCB and other groups that help blind citizens.  The Court does not have to do this, but it is something that we will urge the Court to do rather than to return any unclaimed money to General Revenue.

 

Dr. LePage has told Debbie that he will let her know by October 16 or 17 how much more time he thinks he needs to finish his work.  He tentatively expects to be done in late November or early December.  She will then try to get a Court date in January to present the Special Master's Report and to start the Notice process for claims.

 

Of course, Debbie does not control Dr. LePage and she cannot control the Court's calendar, but she will do the best that she can to keep the case moving in a positive and forward direction.

 

On our behalf and on behalf of the class, Debbie has asked the State if it has any interest in settling the matter once and for all.  Twice the State's attorneys asked for settlement proposals, and we presented them.  Twice the State rejected them.  It looks, by conservative estimates that the State owes the class in excess of $10 million dollars; it may owe as much as $20 million dollars or more. However, the attorneys representing the State claim that they have no authority to settle the case. 

 

At some point we may ask members to contact their elected officials to see if we can get this matter resolved, but that is a matter under consideration at this time, and we ask you to wait right now.

 

Let me know if you have any questions or comments.  Keep your fingers crossed.  Hopefully, all will continue in this very positive direction.

 

Best, Debbie
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://moblind.org/pipermail/missouri-l_moblind.org/attachments/20091009/10f61abf/attachment-0001.html>