From: Muzyn, Leonard J Jr
[mailto:ljmuzyn@tva.gov]
Sent: Monday, January 11, 2016 10:59 AM
To: Troyani, Anthony L Jr; Stokes, Allen E
; Wilson, Tammy W ; Hoskins,
John M ; Child, Brian M
Cc: Hovious, James W; Leonard Muzyn (home)
Subject: Why you should not vote for Bill Johnson's Proposal
Sent: Monday, January 11, 2016 10:59 AM
To: Troyani, Anthony L Jr
Cc: Hovious, James W
Subject: Why you should not vote for Bill Johnson's Proposal
Tony, Allen, Tammy, John and
Brian,
I want to make it very clear
that I will not vote for Bill Johnson’s proposal and that I am doing everything
I can to convince you to vote against it. I believe my fiduciary duty
requires me to do this. Please see some of my reasons below. I gave
a two hour presentation to the TVARA Board in Nashville last Wednesday asking
the TVARA Board to recommend a vote against Bill Johnson’s proposal. Jim
Hovious agreed and also participated in this meeting. I have attached
that presentation. I am not copying any lawyers on this e-mail because I
want to make sure this e-mail is discoverable when the inevitable lawsuits
follow if you choose to approve the proposal. This e-mail will help make
it clear that Jim and I performed our fiduciary duties and that we should not
be sued if Bill Johnson’s proposal is approved. I hope you will see the
precarious situation you will be put in if you vote for Bill Johnson’s
proposal. Judge Trauger’s ruling stated that TVA and TVARS cannot be sued
for enforcement of the rules, but each of you could be sued individually for
reducing benefits that you determined are vested. You told the Court
COLAs were and are vested benefits in your March 2015 response to
motions. Each of you who vote for Bill Johnson’s proposal will be voting
to reduce benefits that you know are vested. This leaves each of you open
to lawsuits as individuals while probably leaving Bill Johnson and TVA in the
clear. Bill Johnson could say that he was relying on the TVARS Board to
propose only benefit reductions that affected non-vested benefits. None
of you would be able to say this. Please protect yourselves and make it
known that you do not support Bill Johnson’s proposal.
Leonard
From: Leonard Muzyn [mailto:tvarsmuzyn@gmail.com]
Sent: Saturday, January 09, 2016 3:36 PM
To: Muzyn, Leonard J Jr
Subject: TVA Pressures TVARS to Circumvent Court of Appeals
Sent: Saturday, January 09, 2016 3:36 PM
To: Muzyn, Leonard J Jr
Subject: TVA Pressures TVARS to Circumvent Court of Appeals
TVA has asked the TVARS Board to vote this month on a proposal to
permanently reduce pension benefits:
- prior
to a ruling from the Sixth Circuit Court of Appeals on the 2009 benefit
reductions
- in
a way the TVARS Board has already determined is in violation of TVARS
rules and regulations
- in
a way that would be illegal if TVA's pension plan was covered by laws that
other pension plans must follow
- which
could lead to lawsuits from system beneficiaries against each individual
TVARS Board member who votes to approve the proposal
- with
the vote on the proposal highly likely to be in TVA's favor given TVA's de
facto control over the TVARS Board
- with
TVA asking for retiree and employee feedback without agreeing to make all
of it public, enabling it to be selectively divulged or ignored
I gave a presentation to the Board of the Tennessee Valley Authority
Retirees' Association on January 6, 2016 in Nashville, TN explaining many of
these items in further detail. Please view that presentation here.
Comments
Post a Comment