Joplin Police and Firemen’s Pension Fund Trustees May Sue City

Joplin, MO – An attorney told trustees of the Joplin Police and Firemen’s Pension Fund today that they may have a duty to file suit against the city, its mayor and the city council members if the city fails to take immediate action to properly fund the pension plan.

Dan Tobben, an attorney with Danna McKitrick, P.C., a St. Louis-based law firm hired by the trustees to advise them on the pension funding situation in Joplin, said the trustees, as well as the members of the City Council have fiduciary responsibilities to see that the pension plan is properly funded.

“If Joplin fails to quickly reach agreement to appropriately fund (the plan), it is our opinion that the Plan Trustees have a fiduciary duty to file suit to seek judgment against Joplin for money damages, declaratory relief and injunctive relief,” Tobben said.

Joplin faces lawsuit
First of Three Adds

In delivering the formal Report and Legal Opinion, Tobben outlined several areas where the city must take action to avoid being sued, as well as action against the City by the State of Missouri. Some of the points made in the report include:

• The plan’s benefits are established in a defined benefit (DB) format, however, the funding mechanism is a flat percentage rate set by ordinance, which is more similar to defined contribution (DC) funding. Because the City has been paying a flat percentage of payroll, rather than the amount the actuary says is necessary, the City has underfunded the pension plan and has an unacceptably high unfunded actuarial liability;
• This last plan year there was more than 15 percent shortfall between the contribution needed from the City and the City’s actual payment. This will aggravate the existing, severe underfunding problem;
• Joplin’s flat rate contribution rate fails to comply with recent laws passed by the Missouri legislature, and
• Present underfunding of the pension plan could have a negative impact on the city’s bond rating due to recent changes in governmental accounting standards, which require the underfunding to be shown on the city’s books.

Joplin Faces Lawsuit
Second of Three Adds

The report notes that if the city does not improve its funding ratio through a large lump-sum payment to correct past underfunding and an aggressive increase in annual payments to meet or exceed the actuarially determined amounts, then litigation will “almost certainly be necessary, and will be recommended.”

Tobben cited Joplin’s violation of Article VI, Section 25 of the Missouri Constitution, because Joplin has failed to ensure this pension plan remained actuarially sound. He also cited the recent Neske, et al. v. City of St. Louis, et al. case, which he argued and won before the Missouri Supreme Court on behalf of the Firemen’s Retirement System (FRS) of St. Louis. The decision in Neske establishes the need for “actuarial soundness” as the principle at the heart of the public employee pension plans. Tobben believes that the Neske case also affirms that public pension benefits in Missouri are contractually guaranteed.

In addition, Tobben noted that because the Joplin Police and Firemen’s Pension Fund is underfunded, it has become a target of recent laws passed by the Missouri legislature. One new law labels as “troubled” any plans with a funded ratio below sixty percent. Joplin’s plan has been below 60 percent since 2000. Another provision enables the State to withhold payments to cities like Joplin, if they don’t properly fund going forward.

Joplin Faces Lawsuit
Third and Final Add

Finally, Tobben noted that the trustees of the Policemen’s and Firemen’s Pension Fund have the responsibility “to act for the exclusive benefit of the participants, beneficiaries, as well as eligible spouses and children of the plan.” Tobben noted that “Plan Trustees have a fiduciary duty to file suit to seek judgment against Joplin for money, damages, declaratory relief or injunctive relief, if Joplin doesn’t move quickly to solve these problems.”

The Legal Report and Opinion demonstrate that the City of Joplin faces many actions against it for noncompliance with state laws and its own ordinances. Tobben recommended giving the city until the January Trustees meeting to come up with, and propose, an acceptable solution to the problem. He cautioned, however, that “Our firm will recommend litigation, unless significant meaningful steps taken by Joplin to solve the underfunding problem.”

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Media Contacts:
Daniel Tobben, Principal
314.726.1000

Jim Grandone, Public Relations
618.692.1892

Joseph Soraghan New President of Missouri Venture Forum

FOUNDING MEMBER LEADS ST LOUIS EMERGING BUSINESS RESOURCE

St. Louis, MO – Members of the Missouri Venture Forum welcome Joseph Soraghan as president of the organization, which helps entrepreneurs meet potential investors and advisors. Soraghan succeeds outgoing president Laurie Hopkins—director of CBIZ Accounting, Tax & Advisory Services and shareholder of Mayer Hoffman McCann P.C.Missouri Venture Forum is a business advocacy organization designed to drive new business formation and growth for its members by educating and connecting entrepreneurs with sources of capital and essential service providers: accountants, bankers, lawyers, and others who are sensitive to the needs of emerging businesses.

A founding member of Missouri Venture Forum and the attorney who filed the organization’s incorporation documents in 1984, Soraghan dedicates his career to helping and educating entrepreneurs regarding growth issues, financing, securities and franchise law compliance, and protecting their businesses. Soraghan first served as an advisory director because the original bylaws only allowed entrepreneur members on the board.

“I am thrilled to represent Missouri Venture Forum as president and, as my first official action, would like to extend appreciation to Laurie Hopkins for the tremendous job she did over the past two years,” says Soraghan. “I look forward to working with the board to make the most of interesting opportunities on the horizon for members.”

As president, Soraghan oversees existing committees: education, membership, outreach, programs, and mentoring. Outlining his priorities, Soraghan says, “As an organization, Missouri Venture Forum needs to be on the cutting edge of helping members and non-members, alike, explore and embrace technologies that will take us into the future.” Soraghan plans to expand services and increase infrastructure by adding new committees including communications/marketing and technology.

Soraghan encourages Missouri Venture Forum members to become involved in the association by attending monthly breakfast meetings as well as special networking events.

“St. Louis has the right mix to become an increasingly recognized hub of entrepreneurial activity. Missouri Venture Forum helps entrepreneurs get access to capital, business consulting, and legal and accounting assistance in terms that truly fit their present circumstance,” says Soraghan. “For venture capitalists and service providers, it is the place to be in the St. Louis area when you want to find emerging businesses worthy of your help.”

Soraghan earned his Masters in Law from Yale Law School, his J.D., with honors, from Washington University School of Law, and his Bachelor in Mechanical Engineering, with honors, from Purdue University. He served in the U.S. Navy aboard submarines directly after law school. A reserve officer for 20+ years following active duty, Soraghan has served as commanding officer of six reserve commands.

About Missouri Venture Forum: Formed in 1985 by members of the St. Louis Regional Chamber and Growth Association (RCGA) Small Business Committee, Missouri Venture Forum is the first and only membership-based, entrepreneur-focused organization in the St. Louis area. Serving as a central point of contact, its mission is to provide a means for investors, entrepreneurs, and business advisors to forge mutually beneficial relationships through networking, education and information exchange. The organization has grown from a small group of 10 to about 200 members since its inception. For more information see www.missouriventureforum.org.

About Danna McKitrick: Located in Clayton, Missouri, Danna McKitrick, P.C. delivers outstanding legal representation to businesses (emerging to national), insurers, government-related entities, and individuals throughout the Midwest.

Brian S. Weinstock Joins Danna McKitrick

BUSINESS AND LITIGATION ATTORNEY MOVES LEGAL PRACTICE

St. Louis, MO – Local law firm Danna McKitrick, P.C. announces admission of the firm’s newest principal, Brian S. Weinstock. He concentrates his practice in corporate and real estate law, workers’ compensation, insurance defense, and other civil and commercial litigation.

Through his experiences in commercial litigation at the start of his practice, Weinstock took interest in other aspects of the business world. He followed his calling and earned an M.B.A. in 2003, which allows him to offer more value in his business counsel role.

In addition to advising companies of all sizes regarding financial and legal analysis, operational strategies, and real estate transactions, Weinstock serves as general counsel for two companies, Goralnik Realty and International Lighting Manufacturing Co.

“Brian is a dynamic and thoughtful lawyer with a proven ‘walk in the client‘s shoes’ approach that we—and our clients—value,” says Ron Danna who leads the firm’s business transactional practice. “He‘s an excellent addition to our team.”

Weinstock earned his M.B.A. with finance and management concentration from Washington University John M. Olin School of Business. He attended Michigan State University College of Law earning a J.D., cum laude, and his B.A. in Political Science from the University of Kansas.

Weinstock, a native St. Louisan, was inspired to pursue a career in law by his maternal grandparents, the late Herman and Naomi Goralnik, both of whom were lawyers and well-known in the St. Louis community. His wife, Dawn Weinstock, is Nurse Coordinator for Dr. Ralph Dacey, Chairman of Neurosurgery at Washington University School of Medicine. Outside of work, Mr. and Mrs. Weinstock, are both involved with CASA (Court Appointed Special Advocates), The Scholarshop, Missouri Humane Society, Stray Rescue of St. Louis, and St. Louis Zoo.

Located in Clayton, Missouri, Danna McKitrick, P.C. delivers outstanding legal representation to businesses (emerging to national), insurers, government-related entities, and individuals throughout the Midwest.

City Pays Millions in Judgment in Firefighters Pension Litigation

St. Louis, MO – St. Louis firefighters and retired firefighters can breathe a sigh of relief today after an infusion of more than $49.4 million into their pension fund. The transfer of funds from the city was the result of a Missouri Supreme Court ruling last March in favor of the Firemen’s Retirement System of St. Louis (FRS). The ruling required the City of St. Louis to fully fund the retirement system, according to Dan Tobben, an attorney with Clayton-based law firm Danna McKitrick, who handled the case for FRS.

“We’re very pleased that this matter of funding the firefighter’s pension has come to a successful resolution. It sends a signal to all communities that they either properly fund the pension plans for municipal employees or face grievous consequences,” Tobben said.

In the same opinion, the Supreme Court also ruled in favor of the Police Retirement System (PRS) of St. Louis. See Neske, et al. v. City of St. Louis, et al., 218 S.W.3d 417 (Mo. 2007).

As a result of the Supreme Court Judgment, the St. Louis Board of Alderman passed an ordinance to authorize the St. Louis Municipal Finance Corporation to issue up to $155 million in bonds to fund the firefighter, police and municipal retirement systems.

Following the win in the Supreme Court by FRS, the trustees of the retirement system for city employees (ERS), other than police and firefighters, also hired Mr. Tobben to seek recovery from the city for underfunding ERS. ERS will also receive approximately $47 million from the city as a result of this bond issue.

The Supreme Court ruling came as the culmination of a suit, originally filed in 2003, in which a St. Louis City Circuit Court judge ruled in 2005 that the City of St Louis had breached its obligation to pay $18.5 million into the firemen’s pension fund for fiscal years 2004 and 2005.

“Cities in Missouri and Illinois need to follow their state law and municipal ordinances when it comes to properly funding their employee pension funds. This decision marks the end of the time when city governments could try to use pension funds as piggy banks for other projects,” Tobben said.

About Danna McKitrick: Located in Clayton, Missouri, Danna McKitrick, P.C. delivers outstanding legal representation to businesses (emerging to national), government-related entities, insurers, and individuals throughout the Midwest. www.dannamckitrick.com (Download press photo of Mr. Tobben from homepage).

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Historical Background of Neske et al

On March 13, 2007 the Missouri Supreme Court ruled in favor of the Firemen’s Retirement System of St. Louis (FRS) in a lawsuit requiring the City of St. Louis to fully fund FRS, based on the amounts calculated by its actuary. In the same Opinion, the Court also ruled in favor of the Police Retirement System (PRS), which had also filed suit. (Neske, et al. v. City of St. Louis, et al., 218 S.W.3d 417 (Mo. 1007).

The city appealed the trial court’s ruling, citing provisions of the Hancock Amendment to the Missouri Constitution, as well as other constitutional provisions. The trial court noted that the city’s position was unreasonable, stating: “To follow the city’s logic, it could evade almost any debt by failing to timely appropriate money for it in the fiscal year when due, and then claim that it cannot be forced to pay it in succeeding years.” The Supreme Court agreed, holding: “The city cannot evade its responsibilities to the PRS and FRS by refusing to pay them the amounts required and then arguing it has spent the monies elsewhere.”

Much of the Missouri Supreme Court’s decision dealt with whether Hancock Amendment to the State of Missouri’s constitution applied (it does not) and on the definition of the word “shall” and whether it is mandatory or permissive according to the law. In essence, the Court said that “shall” has its normal meaning and the laws mean what they say.

“The statutes and ordinances relating to the PRS and the FRS, when taken as a whole, support the view that actuarial soundness is the principle at the heart of the PRS and the FRS funding provisions. Actuarial soundness requires the city to make its annual contribution of the actuarially-determined amounts certified by the PRS and the FRS boards of trustees.”

Regarding the Hancock Amendment, the Court held that “where there is no mandate that the city take on a new responsibility, but only a continued responsibility for it to fund an existing activity according to a previously existing formula, there is no Hancock violation.” The city did not challenge the accuracy of the actuaries’ calculations or the accuracy of the amount certified by the trustees as the amount to be contributed.

“The firefighter’s pension is critical to the men and women who put their lives on the line to protect the people who live in the City of St. Louis. For many of the firefighters, the pension is all they will have when they retire because most are not eligible for Social Security benefits. Unlike private pensions under ERISA, city firefighters’ pensions are not insured by the federal government. To fail to adequately fund their pension is unconscionable considering these men and women spent their lives protecting the city, its residents and businesses, and their property,” said Tobben, who represented FRS throughout this litigation.

States such as Illinois and New Jersey also are looking for ways to meet their obligations. The New York Times has reported that New Jersey is facing an estimated $18 billion in unfunded pension obligations and that Illinois is stretching its funding obligations because of very severe underfunding. Public officials are being sued and there have been criminal investigations in San Diego for concealing underfunding of city pensions.

“Government cannot continue to treat its employee pension fund obligations like matters subject to discretionary funding. Employees who qualify for a pension deserve better than that,” Tobben said. “The city knew, or should have known, it was obligated to fully fund its pensions. This ruling would not have been necessary if the city had continued to meet its obligation to contribute to the pension funds rather than provoking this litigation.”

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Media Contacts:
Daniel Tobben, Principal
314.726.1000

Jim Grandone, Public Relations
618.692.1892

National MS Society Honors James Heffner as MS Corporate Achiever – Class of 2007

ATTORNEY RAISES FUNDS AND AWARENESS IN SUPPORT OF MS SOCIETY

St. Louis, MO – Danna McKitrick attorney James Heffner is an honoree of the Gateway Chapter of the National Multiple Sclerosis Society. Named one of the MS Corporate Achievers “Class of 2007,” Heffner and several other business leaders are recognized for career commitment and contributions to the community.

The 120 local business leaders and 22 alumni class members who made up the Class of 2007 were nominated by an advisory council of area executives. Each honoree was asked to raise at least $2,007 in contributions to fund research and programs to help fulfill the mission: to end the devastating effects of MS.

Heffner hosted a wine and cheese tasting for 30 guests and also solicited family, friends, and colleagues for donations. The whole MS Corporate Achievers campaign raised over $352,000.

“Participating in the MS Corporate Achievers Class of 2007 was an enjoyable way to build personal and business relationships while contributing to the important fight against MS,” says Heffner.

As a lawyer with Danna McKitrick, Heffner concentrates in corporate and real estate law. He obtained his J.D. from Saint Louis University School of Law and his B.A., general honors, from the University of Missouri-Columbia. He also earned a German Proficiency Certificate from the Universität Tübingen.

About MS Corporate Achievers: The MS Corporate Achievers Program is part of an educational campaign to raise awareness about MS and local chapter resources. The program is designed for high impact in a six-week timeframe.
http://eventmos.nationalmssociety.org/site/PageServer?pagename=GEN_MOS_homepage

About Danna McKitrick: Located in Clayton, Missouri, Danna McKitrick, P.C. delivers outstanding legal representation to businesses (emerging to national), insurers, and individuals throughout the Midwestern region.

Laura Gerdes Long Appointed to Two Boards: Youth & Family Center and City of Kirkwood

St. Louis, MO – Danna McKitrick attorney Laura Gerdes Long is appointed to the board of the Youth & Family Center and to the Board of Adjustment for the City of Kirkwood.

As a new board member of the Youth & Family Center in St. Louis, Long is charged with conducting a study to analyze the viability of the youth camp. She is also a member of the development board assisting in the creation of clear guidelines for fundraising.

“It’s a privilege to serve the Youth & Family Center whose work impacts the lives of children every day. The majority of the children, ages 5 to 17, come from single parent households with annual incomes under $8,000,” said Long. “I’m thankful to be a small part of helping the staff and volunteers in carrying out their mission to help these families.”

Nominated by Mayor Mike Swoboda, Long was appointed as an alternate member of the Board of Adjustment for the City of Kirkwood. As needed, she joins other members in hearing cases regarding variances and alleged errors by the building commissioner. The board grants variances, permits exceptions, authorizes additional uses as defined by ordinances, and provides written findings of fact. Her term runs through June 2012.

“It’s an honor to be nominated and appointed to the Board of Adjustment,” said Long. “I commit to providing the board with a fair, objective mindset, in making informed decisions based on the City’s ordinances.”

A member of the firm’s litigation team, Long’s practice focuses on tort, employment, insurance, municipal and health care law. She also consults and trains on employment law policies and processes, especially related to the privacy and security requirements under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Long earned her J.D. from Washington University School of Law and her B.A., cum laude, from Vanderbilt University.

About Youth & Family Center: The Youth & Family Center has operated from St. Louis City’s Near North Side for over a century providing educational, social, and physical enrichment opportunities to impoverished children and their families. Offering computer training, athletics, education, and camping, the program serves 1,000 children, parents, and seniors annually. Learn more at www.theyfc.org.

About City of Kirkwood: Established in 1853, mostly due to the popularity of the railroad, Kirkwood is known for its tree-lined streets, turn-of-the-century homes, thriving business center, nationally recognized schools, and residents that are extremely involved in their community. Learn more about the City of Kirkwood at www.ci.kirkwood.mo.us.

About Danna McKitrick: Located in Clayton, Missouri, Danna McKitrick, P.C. delivers outstanding legal representation to businesses (emerging to national), insurers, and individuals throughout the Midwestern region.

Patrick Murphy Graduates from Leadership Clayton

FIFTH DANNA MCKITRICK ATTORNEY INVOLVED IN LEADERSHIP DEVELOPMENT PROGRAM

St. Louis, MO – Danna McKitrick attorney Patrick Murphy is one of 17 people comprising Clayton Chamber of Commerce Leadership Clayton 2007 graduating class. He is the fifth attorney of the firm to participate in the exclusive program. Participants of Leadership Clayton are selected based on both their leadership potential and community involvement.

Each Leadership Clayton class spends nine months learning about themselves, expanding their professional and social network, refining leadership skills, and examining issues that affect Clayton. Class members devote their time to one major project aimed at strengthening and enhancing the quality of life in the area. The Leadership Class of 2007 selected ‘Clayton Speaker Series’ as their class project.

“Leadership Clayton’s strength comes from being multifaceted,” says Murphy. “The combination of leadership development, setting personal goals, and teamwork is powerful and sets us apart. Looking ahead, we need to develop the next generation of leaders for our community and keep them in Clayton to competitively promote economic development.”

As both an attorney and CPA, Murphy’s practice includes sophisticated estate planning as well as corporate transactions and advice in mergers & acquisitions, buy/sell agreements, corporate structuring, and real estate transactions for small to medium-sized businesses. Murphy obtained his J.D. from Saint Louis University School of Law and his B.S.B.A., in Accounting, from Creighton University.

About Leadership Clayton: Established in 1993 by the Clayton Chamber of Commerce, Leadership Clayton explores various qualities of leadership and helps participants identify and enhance their own leadership styles. It facilitates an environment where participants are motivated to develop an increased sense of community and are encouraged to assume leadership roles in community affairs.
http://www.claytoncommerce.com/Leadership%20Brochure.htm

About Danna McKitrick: Located in Clayton, Missouri, Danna McKitrick, P.C. delivers outstanding legal representation to businesses (emerging to national), insurers, and individuals throughout the Midwestern region.

Misty A. Watson Joins Law Firm of Danna McKitrick

WASHINGTON UNIVERSITY GRADUATE JOINS GROWING ST. LOUIS FIRM

St. Louis, MO – Misty A. Watson joined local law firm Danna McKitrick, P.C. as their newest transactional associate. Her practice concentration is in the area of estate planning—specifically in creating trusts, wills, powers of attorney, trust administration, guardianships and conservatorships.

Watson’s experience in addressing the particular needs of families began with her pre-law social work career and continued through her clerking experience at another mid-sized St. Louis law firm, Georgia Legal Services, and Legal Services of Eastern Missouri.

“Misty’s social work background shows through in her caring and professional approach with clients of all ages. We’re very happy to have her on board,” says Cheryl Beebe-Snell, a key attorney in the firm’s business, tax, and estate practice. “Her level of involvement in programs and community activities during and after law school reflects her desire to improve everything she touches—that’s a special quality in a lawyer.”

Watson earned her J.D. from Washington University School of Law in 2006 where she was a Scholar in Law, on the Women’s Law Caucus, and a member of the Order of the Barristers. She attended East Central University for her undergraduate studies earning a Bachelor of Social Work. Prior to law school, she was an adoption specialist responsible for matching families to children available for adoption.

About Danna McKitrick: Located in Clayton, Missouri, Danna McKitrick, P.C. delivers outstanding legal representation to businesses (emerging to national), insurers, and individuals throughout the Midwestern region.

Missouri Supreme Court Decides in Favor of City Firefighters Pension Plan Funding

Jefferson City, MO – Missouri’s Supreme Court today ruled in favor of the Firemen’s Retirement System of St. Louis (FRS) in a lawsuit requiring the City of St. Louis to fully fund FRS, based on the amounts calculated by its actuary. In the same Opinion, the Court also ruled in favor of the Police Retirement System (PRS).

The ruling is the culmination of a suit, originally filed in 2003, in which a St. Louis City Circuit Court judge ruled that the City had breached its obligation to pay $18.5 million into the firemen’s pension fund for fiscal years 2004 and 2005.

“FRS filed the suit to enforce the law in order to guarantee promised benefits for the firefighters of the City of St. Louis and their families, and for retired firefighters and their widows,” said Dan Tobben, an attorney with Clayton, Missouri-based law firm Danna McKitrick, P.C.

The City filed an appeal of the initial ruling citing provisions of the Hancock Amendment to the Missouri Constitution, as well as other constitutional provisions. A lower court had previously noted that the City’s position was unreasonable, stating: “To follow the City’s logic, it could evade almost any debt by failing to timely appropriate money for it in the fiscal year when due, and then claim that it cannot be forced to pay it in succeeding years.” The Supreme Court agreed, holding: “The City cannot evade its responsibilities to the PRS and FRS by refusing to pay them the amounts required and then arguing it has spent the monies elsewhere.”

Much of the Missouri Supreme Court’s decision dealt with whether Hancock Amendment to the State of Missouri’s constitution applied (it does not) and on the definition of the word “shall” and whether it is mandatory or permissive according to the law. In essence, the Court said that “shall” has its normal meaning and the laws mean what they say.

The statutes and ordinances relating to the PRS and the FRS, when taken as a whole, support the view that actuarial soundness is the principle at the heart of the PRS and the FRS funding provisions. Actuarial soundness requires the City to make its annual contribution of the actuarially-determined amounts certified by the PRS and the FRS boards of trustees.

Regarding the Hancock Amendment, the Court held that “where there is no mandate that the City take on a new responsibility, but only a continued responsibility for it to fund an existing activity according to a previously existing formula, there is no Hancock violation.” The City did not challenge the accuracy of the actuaries’ calculations or the accuracy of the amount certified by the trustees as the amount to be contributed.

“The firefighter’s pension is critical to the men and women who put their lives on the line to protect the people who live in the City of St. Louis. For many of the firefighters, the pension is all they will have when they retire because most are not eligible for Social Security benefits. Unlike private pensions under ERISA, City firefighters’ pensions are not insured by the federal government. To fail to adequately fund their pension is unconscionable considering these men and women spent their lives protecting the City, its residents and businesses, and their property,” said Tobben who argued for the FRS before the Supreme Court, and who has represented FRS throughout this litigation.

Tobben noted that the failure to fund public employee pension funds is threatening the prospects of municipal and public employees in Missouri and nationwide. Increasing demands on municipal and state governments result in those bodies searching for alternative sources of funds to cover ongoing operations and programs.

“To some cash-strapped government entities, the public employee pension fund may look like tempting, low-hanging fruit. They may see that pension funds are accumulating large sums of money and think they can reduce annual contributions without any harm. The reality is that funding retirement systems is a legal obligation the government has to its workers,” Tobben said.

He noted that the failure to properly fund pensions now will result in tremendous sums needing to be paid by government entities in the future, if benefits are to be paid as promised.

States such as Illinois and New Jersey also are looking for ways to meet their obligations. The New York Times has reported that New Jersey is facing an estimated $18 billion in unfunded pension obligations and that Illinois is stretching its funding obligations over 50 years instead of the customary 30 years. Public officials are being sued and there have been criminal investigations in San Diego for concealing underfunding of city pensions.

“Government cannot continue to treat its employee pension fund obligations like matters subject to discretionary funding. Employees who qualify for a pension deserve better than that,” Tobben said. “The City knew, or should have known, it was obligated to fully fund its pensions. This ruling would not have been necessary if the City had continued to meet its obligation to contribute to the pension funds rather than provoking this litigation.”

About Danna McKitrick: Located in Clayton, Missouri, Danna McKitrick, P.C. delivers outstanding legal representation to businesses (emerging to national), insurers, and individuals throughout the Midwestern region.