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Retiree sues Fund over non-payment of disability pension
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Posted on Mar 05 2009
A retired government employee has sued the NMI Retirement Fund and its board of trustees for allegedly refusing to pay him his disability retirement.
Michael P. Cody, through the Northern Marianas Protection and Advocacy Systems Inc., asked the Superior Court to review the Fund’s action.
NMPASI lawyer Jeanne H. Rayphand asked the court to issue an order declaring that Cody is entitled to a disability retirement annuity from the Fund starting Dec. 31, 2007.
Rayphand said Cody is owed 66 2/3 percent of the salary he was receiving at the time of his separation from employment, or $40,531.
Rayphand also asked the court to direct the Fund to pay the amount to Cody, pending a final disposition of this matter.
Cody was employed in March 1989 as a civil service employee of the CNMI. He is a Class II member of the Fund because he was a Fund member prior to May 7, 1989, and did not elect to become a Class I member.
In November 2006, Cody applied for disability retirement in accordance with the procedure in effect at the Fund and in accordance with the directions of Fund personnel.
Rayphand said that in July 2007, the Fund administrator denied Cody’s applications for disability retirement. Cody appealed the following month.
To date, Rayphand said, there has been no decision on Cody’s appeal by the hearing officer or by the board of trustees.
“The hearing officer and the board of trustees have failed to issue a decision on the plaintiff’s appeal and the time for making the decision has expired,” the lawyer added.
