Retired Employees of Stanislaus County, Inc.
==== GOOD NEWS ====
Dear Members:
I have exceptionally good news to report! The Court of Appeal of the State of California, Fifth Appellate District, has ruled in our favor in the O'Neal, et al. v. StanCERA case!
As you may recall in this case, RESCO members, Michael O'Neal, Dennis Nasrawi and I (Rhonda Biesemeier) sued in late 2009 to stop StanCERA's practice of raiding our pension fund (including from reserves built up to pay retiree health and COLA benefits). The trial court dismissed the lawsuit, essentially stating that until our retirement checks bounced, retirees have no right to sue.
A few days ago, the Court of Appeal reversed the trial court and reinstated our lawsuit. In the opinion (Full Opinion), which we are posting our web site (and will be seeking to have published so it can be cited in trial courts throughout the state), the Court of Appeal noted that the plaintiffs (retirees) had stated a valid claim for breach of fiduciary duty due to the actions taken by StanCERA. The Court strongly implies in its opinion that StanCERA acted against the interests of the beneficiaries of the pension fund, which are the retirees.
We are discussing the next steps with our attorney, Mike Conger, but wanted to share this great news with you as soon as possible.
Once again, I would like to take this opportunity to thank you for your amazing support of this action. Our hopes are high as we look forward to a positive outcome in this case.
Sincerely,
Rhonda Biesemeier
President
RESCO, Inc.
Call: (209) 521-1666
Email: Contact@RescoToday.com
RESCO, Inc.
1419 J Street
P.O. Box 1646
Modesto, CA 95353