This is the prepared testimony by Detroit Water and Sewerage Department Pensioner Steven Wojtowicz who is objecting to Detroit's Plan of Adjustment because it did not specify that a 6.75 percent interest rate would be included in the recoupment amount for pensioners Annuity Savings Funds.
This is the prepared testimony by Detroit Water and Sewerage Department Pensioner Steven Wojtowicz who is objecting to Detroit's Plan of Adjustment because it did not specify that a 6.75 percent interest rate would be included in the recoupment amount for pensioners Annuity Savings Funds.
This is the prepared testimony by Detroit Water and Sewerage Department Pensioner Steven Wojtowicz who is objecting to Detroit's Plan of Adjustment because it did not specify that a 6.75 percent interest rate would be included in the recoupment amount for pensioners Annuity Savings Funds.
Subject: Objection of Creditors Recoupment with Interest
1.The Bankruptcy Documents that I received quote that Your annuity Fund Excess Amount will be Capped at 20% of your highest ASF account balance during the period July 1, 2003 through June 30, 2013 and the amount will then be converted into monthly annuity amounts based on your life expectancy and other factors. The monthly Annuity Savings Fund Excess Amount will be deducted from your pension check end quote. My recoupment was shown as $89,000 or $600 a month. My calculations showed that I would pay back the $89,000 in 12 years. However the documents indicated that the amount is based on life expectancy. I am age 55 years old so my life expectancy is 25 more years. So my recoupment amount would be $189,000.
2. I quote: The total estimated amount of your annuity savings plan recoupment is: $89,000 end quote. Again, no mention of interest.
3. I proceeded to contact Dentons LLP lawyers group (which is the Counsel which represents the retirees) and they said that there is a 6.75% interest rate added to the capped recoupment, but it was news to them. I then emailed them, I asked where in the documentation is it stated about the 6.75%. I have documentation, in written form, that the 6.75% interest rate is not included in any of the bankruptcy documents.
The bankruptcy documents received stated to be in a plain language Summary but yet never do they mention the 6.75% interest rate would be added to the recoupment.
4. I again Quote,The City believes that the Annuity savings Fund Recoupment Process, subject to the 20% cap, will permit the City to recover approximately $230 Million of such excess interest. End quote. With the 6.75% of interest the City will recoup more than $400 Million versus the quoted amount of $230 Million.
5. Once my recoupment allotment has been paid, the same monthly deductions will continue until the retiree dies and then the recoupment amount will continue in the beneficiarys allotment. This seems to be excessive, especially if the retiree started with the City at a young age.
6. In addition, the 6.75% interest is much higher than a typical mortgage or home equity loan.
In summary, Honorable Judge Rhodes. I do not believe this is fair and equitable to have a few pay for the majority. This was done to have achieve more Yes votes. I believe that it is unjust and deceptive to impose a 6.75% interest rate on top of the capped recoupment when it is never stated clearly or in plain language in the bankruptcy documents. Honorable J udge Rhodes, would you sign a legal document without fully documented accounted costs?
Ronald Augustus Dipaola v. Walter Riddle, Superintendent, Virginia State Penitentiary, James D. Swinson, Sheriff, Fairfax County, William J. Powell, Sheriff, Sussex County, 581 F.2d 1111, 4th Cir. (1978)