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First phase in Fund’s lawsuit begins
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Posted on Apr 20 2009
The phase one hearing began yesterday in the Retirement Fund’s lawsuit over the government’s failure to remit required employer contributions.
The Fund’s counsel, Viola Alepuyo, presented to the witness stand Fund administrator Mark Aguon.
Aguon is expected to resume his testimony today, Tuesday, at 1:30pm before Superior Court associate judge Kenneth Govendo.
Alepuyo was with Fund board chair Juan T. Guerrero during the proceeding. Assistant attorney general Anthony Welch came with Finance Secretary Eloy Inos.
Several retirees also watched the hearing.
The phase one hearing is intended to allow the Fund to show the actual damages owed the Fund.
The second phase, which is set for June 8, will allow the Fund to bring in experts to show just how much the Fund has lost because of the unpaid contributions and the loss of possible investments.
The Fund filed the lawsuit against the government, Gov. Benigno Fitial, Department of Finance, and Finance Secretary Inos in 2006 over the government’s failure to remit the required employer contributions.
In November 2008, Govendo granted the Fund’s request for default judgment after the government, through the Attorney General’s Office, waited nearly two years to answer the complaint.
The sole issue remaining in the case is to determine the amount of damages owed the Fund.
