Temporary Federal Injunction

nsurf9

TSP Strategist
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YES! I know the difference between the G, F, C, S and I buttons. And, I resent like &$%@ having someone that doesn't have my loyalty (not to preempt profits or buying opportunities), obedience (do what I ask with my money as beneficiary) and care (make correct and proper calculations and accounting of the res (property of the trust). These are the duties controlling legal guiding principles of trustee to their beneficiaries our TSP fund.

The Thrift Saving Program (TSP) fund is not a spendthrift trust fund - drawn to protect a group of spinsters or incompetent beneficiaries. Its beneficiaries are hard working, tax and bill paying competent Government Employees.

Allowing the TSP Board to impose a three interfund transfer (IFT) limit will, in my opinion and experience, needlessly (and potentially dangerously) chill the atmosphere for TSP members to be proactive with their retirement accounts. That is because a transfer, that costs relatively little, becomes even more valuable that moving out of a down-turn market or moving into a profitable up-swing market.

In other words, if you make a couple of bad moves, you will subject your entire TSP retirement to losses or be precluded from meaningful gains of potentially thousands dollars - to save a few bucks in transfer costs. Just what are the actual costs of moving funds to each of the G, F, C, S or I funds? How much does it cost to protect your one hundred thousand dollars retirement?

From my experience, there are generally five to six up-and-down oscillations every month of the year. And, having flexibility to move into difference funds can turn a bad market into a profitable one. It can turn a good market into an exemplary one. A limit of three moves a month is simply not enough. Ten may be too expensive in transfer costs. One thing is certain, if you choose to save and have the flexibility to learn, you will profit.

It is not the TSP Board’s money! The ultimate decisions regarding the funds should belong to it owners - in this case, the TSP members and not the TSP Board. The Board’s fiduciary duties to TSP members are loyalty, obedience and care. These are the hallmark duties of a trustee to a beneficiary. So too, it should also be to the TSP members and our TSP fund.

The TSP fund must find its legal “sui juris” voice. If, the Employee Thrift Advisory Council (ETAC) is representative the fund’s legal voice, then its decisions aught to be controlling - - not advisory. And, until the appropriate roles and functions of the ETAC, the TSP Board, the Federal Government and, most importantly, the member/owners of TSP are fully defined, and the TSP members have a voice, the “status quo” of a “reasonable number of unlimited” IFTs between funds should be maintained to prevent irreparable harm to TSP members.

Subsequent to a emergency temporary injunction, a full hearing on the merits of the case should be heard - setting out who, what, and when is right - - for the best interests of TSP members.
 
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This note is for TSP-Roulette and maybe others who have gotten locked out for April, capriciously and arbitrarily and not according to Law (that's legal lawsuit criteria from the Administrative Procedures Act-a big one in my agency world).

....the ETAC, or someone ..., must file a temporary injunction in federal court, seeking to keep the status quo of unlimited transfers between at least G, F, C, and S funds, and come to a reasonable restriction on I fund transfers, but only if its transfer costs are unreasonably high to effect them. Subsequent to the temporary injunction, a full hearing on the merits of the case should be heard, setting who, what, and when is right.

My thoughts....The ETAC is not going to do this, someone is going to have to file for themselves or for a group of employees outside the unions. I went hunting tonight to get names of attorneys who specialize in fed labor and employment law. I will provide links to those I found down at bottom of this note.

Lawyers will take a case on contingency if they think they have a good chance of winning based on evidence potential litigant lays in front of them. Contingency means you don't pay them any money upfront. They get paid by opposing party if your lawyer wins the case, otherwise they don't get paid. TRUTH.

If you find the right lawyer and have an indisputable case (especially someone like TSP-Roulette (who followed the 2-and-1 rule and STILL got locked out), you can get the lawyer to take the case, no money out of your pocket upfront or back end either way. TRUTH. And they can get results. Including a temporary injunction. I have personal history with contingency-fee lawyer and successful settlement of my threatened lawsuit against a major insurance company (employer's auto insurer). Anyone ever heard of Allianz? No money ever came out of my pocket. Story follows below.

When I was 24yo I lived on (car-insurance equivalent)-workers comp for 2 years, many years ago. I had no savings. None. I had permanent injuries-skeletal bone structure from major car wreck. Insurance offered me a paltry amount of permanent injury final payoff when I was finally able to hold employment again. I knew the amount offered couldn't be right, I looked in the phone book for the type of lawyer I thought I needed and started making phone calls. I found a lawyer who threatened to take my employer's insurance company to court for violating Workers Comp law in my state. The insurance company caved, ended up paying me 5x what they'd initially offered, which helped me buy my first car and finish graduate school. I never paid my lawyer a dime, his compensation was part of the deal worked out with the insurance company. TRUTH.

I did a search for fed employment specialist lawyers. Here are a couple I found tonight. I'm sure there are others, but I'll start here.
http://fedattorney.com/articles.html http://www.worklaws.com/

I am not the right person to spearhead this one, haven't gotten locked out yet, but I can help figure out where to look for help, and I can tell you from personal experience getting legal help doesn't have to hurt :).
 
If you want the best well here they are. Many talk a good game these guys kicked the crap out of the USPS and were relentless in doing so.

USPS Agrees to Pay $61 Million in Disability Discrimination Case[FONT=arial,helvetica,sans-serif]-[FONT=arial,helvetica,sans-serif] Updated May 31, 2007[/FONT][/FONT]
[FONT=arial,helvetica,sans-serif]Under a class action settlement , the United States Postal Service will pay $61 million to resolve the workplace disability discrimination claims of over 7500 current and former postal workers. Over $53 million will be distributed directly to the workers, the balance represents attorneys fees and expenses of the attorneys who have been litigating the case over the last 14 years. The case, Glover/Albrecht v. Potter, involves denial of promotion and advancement opportunities to U.S. Postal Service employees with workplace disabilities who had been placed in dead end "rehabilitation" positions.[/FONT]

[FONT=arial,helvetica,sans-serif]​
Elwyn F. Schaefer & Associates
600 17th Street, 2005-S
Denver, CO 80202
303-825-1961
fax 303-825-5460

[/FONT]
 
Re: Arbitrary, Capricious & Unfair is probably the standard for the Board

Nsurf9, TSPTalk.com April 1, 2008
address

Thomas K. Emswiler, General Counsel
Federal Retirement Thrift Investment Board
1250 H Street, NW, Suite 200
Washington, DC 20005
Fax: (202) 942-1676

Dear Mr. Emswiler:

This morning, I attempted to make an interfund transfer (IFT) of my Thrift Savings Funds (TSP) and found that I was locked-out of the TSP internet system. TSP’s certified letter, dated March 13, 2008, says this is a result my executing 4 trades, instead of 3 during the month of February, 2008.

Although I signed for the certified letter, I did not receive a separate letter, dated January 24, 2008, that stated TSP intended to take this IFT limit sanction and this radical departure from the manner it has operated for several years, nor did I have due notice of TSP’ intent.

Today, the TSP equity funds are over 1.5% and looking to upswing and I cannot capitalize on this by re-investing my funds.

For the TSP Board to summarily take this new and radical change to its system without having input from a suri juris voice of its member is arbitrary, capricious and unfair. And, moreover, for it to lock its members out of their funds without due process and giving legal notice of its intent is reprehensible. Since January 23, 2003, I have earned over 20% in the TSP, and now, I find myself unable make transfers, except by a paper form, through U.S. mail, when TSP gets around to processing.

Further, approximately 3,500 other members are, as I understand it, also either locked into the G funds -unable to move into equity funds; or, stuck in the equities funds - afraid and/or unable to timely move to the G fund (treasury funds) to safeguard their retirement, to save a transfer.

This morning, April 1, 2008, I called the TSP “contact us” line and made demand that the IFT sanction be lifted on my account because I did not receive notice of TSP’s intent to sanction. My demand was denied.

Mr. Emswiler, both the TSP Board and Mr. Gregory T. Long, TSP’s Executive Director, are now needlessly causing me and around 3,500 other TSP members real and current irreparable harm and that that damage will potentially amount to hundreds of thousands of dollars, arbitrarily, capriciously, and unfairly, and, without due process.

Sincerely,


Nsurf9 @ TSPTalk.com
cc: Tom Davis, Virginia Congressman, 11th District - Fax: (703)590-4740
 
Re: Arbitrary, Capricious & Unfair is probably the standard for the Board

Nsurf9, TSPTalk.com April 1, 2008
address

Thomas K. Emswiler, General Counsel
Federal Retirement Thrift Investment Board
1250 H Street, NW, Suite 200
Washington, DC 20005
Fax: (202) 942-1676

Dear Mr. Emswiler:

This morning, I attempted to make an interfund transfer (IFT) of my Thrift Savings Funds (TSP) and found that I was locked-out of the TSP internet system. TSP’s certified letter, dated March 13, 2008, says this is a result my executing 4 trades, instead of 3 during the month of February, 2008.

Although I signed for the certified letter, I did not receive a separate letter, dated January 24, 2008, that stated TSP intended to take this IFT limit sanction and this radical departure from the manner it has operated for several years, nor did I have due notice of TSP’ intent.

Today, the TSP equity funds are over 1.5% and looking to upswing and I cannot capitalize on this by re-investing my funds.

For the TSP Board to summarily take this new and radical change to its system without having input from a suri juris voice of its member is arbitrary, capricious and unfair. And, moreover, for it to lock its members out of their funds without due process and giving legal notice of its intent is reprehensible. Since January 23, 2003, I have earned over 20% in the TSP, and now, I find myself unable make transfers, except by a paper form, through U.S. mail, when TSP gets around to processing.

Further, approximately 3,500 other members are, as I understand it, also either locked into the G funds -unable to move into equity funds; or, stuck in the equities funds - afraid and/or unable to timely move to the G fund (treasury funds) to safeguard their retirement, to save a transfer.

This morning, April 1, 2008, I called the TSP “contact us” line and made demand that the IFT sanction be lifted on my account because I did not receive notice of TSP’s intent to sanction. My demand was denied.

Mr. Emswiler, both the TSP Board and Mr. Gregory T. Long, TSP’s Executive Director, are now needlessly causing me and around 3,500 other TSP members real and current irreparable harm and that that damage will potentially amount to hundreds of thousands of dollars, arbitrarily, capriciously, and unfairly, and, without due process.

Sincerely,


Nsurf9 @ TSPTalk.com
cc: Tom Davis, Virginia Congressman, 11th District - Fax: (703)590-4740

I sent a very similar fax to Emswiler today, with a cc to both of my senators, my representative, and James Sauber, Chairman of ETAC. This is really starting to burn me up.....they are clearly violating the Administrative Procedures Act also, by imposing restrictions BEFORE they have even gone through the full comment period, reviewed comments, and posted a final decision. I have never seen such arrogance, callousness, and disregard for the law, especially from a group of people that are supposed to be working FOR US!!
 
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