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PSC Update from Ann Smith for Employees who Entered DROP Before November 20, 2007

Dear ALL:

As you know from prior updates, SDCERS’ outside counsel is seeking a clarification of the judgment entered in the PSC case to include those of you who had entered DROP before November 20, 2007, in the category of “retirees” who the City had excluded from the relief it sought.  If this clarification is made as requested, the effect would be that you would be excluded from the “correction process” which has been outlined by the SDCERS Board Resolution.

SDCERS outside counsel appeared in Court before Judge Nevitt last Thursday on March 17, 2011, in connection with this clarification request.  Judge Nevitt set the matter for a hearing on April 22, 2011.  Thus, the outcome of this effort will not be known until that time.  To date, the City has taken the position that it does not oppose the requested clarification but leaves it to the Court’s determination.

Best regards, Ann Smith