Oglesby v. Roling

No. 44-02277 (Mo. Cir. Ct. City of St. Louis filed October 7, 2004) ; Clearinghouse Number: 55813

Description

Recipients of Missouri’s Blind Pension Allege That State Officials Withheld and Diverted Pension Funds

Abstract

On behalf of a class, Missouri blind pension recipients are suing the state social services director and the division of family services for underpaying for at least ten years plaintiffs’ pensions by withholding money from the pension fund and using pension funds to pay other expenses and fund other programs. Plaintiffs claim that this violates their U.S. constitutional due process rights and state statutes governing collection and use of the fund. Established as a property tax levy in the Missouri Constitution, the Blind Pension Fund must be administered in accordance with the existing statutory framework, which sets the formula for calculating annual increases and lists permissible uses for any remaining balances, plaintiffs say. According to plaintiffs, defendants unlawfully “front-load” the fund by charging expenditures to it before calculating the annual increase and have used pension funds for administrative expenses and other programs for the blind. Plaintiffs estimate that the class may be owed $1 million or more for each year that pensions were underpaid. Plaintiffs seek an accounting of all monies expended from the fund, enjoinder of the challenged practices, findings that defendants intentionally breached their fiduciary duties and duty of care, and attorney fees.

Additional Information

Attorney Information
Plaintiffs represented by Thomas E. Kennedy III, Deborah S. Greider, 2745 E. Broadway, Alton, IL 62002 (telephone number: 618.474.5326); Debora L. Wagner, John J. Ammann, Barbara Gilchrist, St. Louis University Law Clinic, 321 N. Spring, St. Louis, MO 63108 (telephone number: 314.977.2778).
Docket Date
2004-10-07 00:00:00+00:00

Files

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