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South Miami trustees authorize outside counsel retainer to pursue alleged overpayments

South Miami Pension Plan, Board of Trustees · December 10, 2024
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Summary

The South Miami Pension Plan board approved retaining outside counsel to investigate and pursue collection of alleged overpayments from a former actuary, authorizing a retainer (discussed at $5,000) and delegating execution to the chair.

The South Miami Pension Plan Board of Trustees on Dec. 10 authorized the chair to execute a retainer agreement with outside counsel to pursue collection of alleged overpayments related to GRS. The board discussed using a law firm listed in meeting materials (packet referenced as "Solomon, Cooperman, Ricano, Shapiro, and Bridal") and authorized a retainer so counsel can review the file and recommend next steps.

During new business the chair said he would provide a $5,000 retainer "so he can see what's going on and then make an assessment of the best way to attack this," and trustees approved a motion to authorize execution of the retainer subject to recommended edits from the board's general counsel. The motion was moved and seconded and passed unanimously.

Why it matters: the board is seeking to recover sums it believes were overpaid by a former actuary; authorizing counsel starts a legal-review process that could lead to demand letters or litigation. The board also noted sensitivity about discussing legal strategy in open session and confirmed that any privileged litigation discussions would follow appropriate procedures.

Next steps: the chair will sign the retainer, counsel will review the file and report back with recommended actions; trustees asked staff and counsel to coordinate and return with updates at a future meeting.