Click here for a short summary of the issue. Click here for a detailed timeline.
See also the Pension Rights Center website.
Click here for ex-St. Peter's CEO John Matuska's 2011 letter to the IRS.
Click here for ex-St. Peter's VP of HR Bruce Pardo's 2011 letter to the IRS.
Haga clic aqui para verun resumen del problema en español.


Tuesday, April 1, 2014

COURT RULES ST. PETER'S PLAN IS NOT A CHURCH PLAN

Yesterday, March 31st, the judge in Kaplan v. Saint Peter's Healthcare System ruled that Saint Peter's pension plan is not a church plan under ERISA as a matter of law, and denied the hospital's motion to dismiss the case. Judge Michael A. Shipp issued the ruling with a lengthy Memorandum Opinion which we are in the process of digesting. In the meantime, the always reliable Thomas E. Clark Jr. at FRA PlanTools has a blog entry summarizing the developments.

The ruling negates the IRS's August 2013 private letter ruling that the Saint Peter's plan is a church plan. It essentially agrees with, and we would say bolsters, the similar recent ruling in the related Dignity Health case in California. Litigation is not complete in either case, but as in the Dignity case, the essence of the Saint Peter's case has been decided by this ruling. We do not know whether Saint Peter's might make changes to the management of the pension plan in the near term. We don't know if they can stand pat until the completion of the case, or afterwards pending an appeal. We do know they can no longer claim that the Saint Peter's plan is a church plan.

Heartfelt congratulations to Larry Kaplan, who took on this burden on behalf of all the Plan members; the law firms arguing the case for the plaintiffs, led by Karen Handorf at Cohen Milstein; and to the members of the Saint Peter's pension plan, those still working and those now retired, whose victory this is. More soon.

4 comments:

  1. NOW WE NEED TO KNOW WHO THE BLOG OWNER-MANAGER IS AND ALSO HAVE LARRY KAPLAN COME FORWARD AND START COMMUNICATING WITH PEOPLE THAT CAN HELP WITH THE LAWSUIT!

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    1. You are showing that you have very little ,if any, common or legal sense. If you did and you read the comment made on 3/14/14 at 5:15PM, you would fully understand why communications at this point has been restricted and on a very limited basis. Give the case the time that it needs. The Hospital has been working on this project for almost 8 years and we are in it for less than 2 years and have made great progress by doing things the right way.Lower down your volume.

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  2. If you want to know what Larry and the other former employees have stated read the Plaintiff's Opposition to Motion -Exhibit C under the documents section of this blog. If you have something that hasn't been covered in their declarations then call the Cohen Milstein Law firm at 1-202-408-4600 and ask to speak to someone handling the St. Peter's case.

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  3. Nice!! - one for the good guys!!! This is going to be a long slow crawl but it nice to start off on a positive note.

    Also - thanks to blog-person for sticking with this.

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