Retiree Jesus I. Taisague filed a lawsuit in federal court yesterday against Gov. Eloy S. Inos, the CNMI government, and the NMI Retirement Fund for entering into a settlement agreement with Betty Johnson that, according to him, is unconstitutional and illegal.
Taisague, through counsel Ramon K. Quichocho, asked the U.S. District Court for the NMI to cancel the Johnson settlement agreement for being “unconstitutional, illegal, unconscionable, and/or unjust.”
Taisague also asked the court to stop Inos and his co-defendants from withholding any pension payments due him, or from failing to pay any pension payments due him, while his lawsuit remains unresolved.
Taisague is demanding unspecified damages, court costs, and attorney’s fees.
Taisague accuses Inos and co-defendants of breaching a contract, violating the U.S. Constitution, violating the CNMI Constitution, violating his due process, depriving him of his rights, breaching their fiduciary duty, and of unjust enrichment.
Saipan Tribune tried to obtain comments from Inos, but he had yet to reply as of press time.
Taisague is a former employee of the CNNI government. He said he has been receiving regular pension payments since December 1998 up until Oct. 15, 2013.
Taisague is among the 16 persons who opted out of the Johnson settlement agreement. He tried to intervene in the Johnson class action at the final fairness hearing, but U.S. District Court for the NMI designated judge Frances Tydingco-Gatewood denied his request for being too late, among other reasons.
Quichocho stated in the complaint that Inos and co-defendants gave away all of the Fund’s assets to the Johnson settlement fund, including all the contributions made by Taisague.
Quichocho said the defendants have a contractual obligation to pay Taisague the pension benefits they promised him.
He said the defendants are prohibited by the U.S. and the CNMI Constitutions from impairing or diminishing their contractual obligations to pay Taisague.