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Woman loses claim for additional retroactive retirement benefits

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Jennifer Nelson for www.theindianalawyer.com

A retired teacher is not entitled to an additional six months of retroactive retirement benefits from the Indiana Public Retirement System, the Indiana Court of Appeals held Tuesday. Indiana law limits an INPRS member to only six months of retroactive retirement benefits.

Jeri Good was a member of the Indiana Teachers Retirement Fund – now a part of INPRS – for 29.5 years. She purchased an additional six-month service credit to make her eligible to receive retirement benefits at age 55 based on 30 years of service. When she contacted INPRS regarding delaying her retirement benefits, the INPRS employee told her benefits would be paid retroactively, but did not say only for six months.

Good then delayed filing her application for one year and requested benefits retroactive to her 55th birthday. INPRS determined, and the trial court affirmed, that she is only entitled to six months retroactive.

Good acknowledged that the law limits an INPRS member to six months of retroactive retirement benefits but claims she is entitled to additional benefits based on the theories of equitable estoppel, unjust enrichment and breach of fiduciary duty.

The appellate judges in Jeri Good v. Indiana Teachers Retirement Fund, 25A03-1408-MI-278, rejected all of her claims.

“We conclude as follows: (1) equitable estoppel is inapplicable because the facts regarding Good’s retirement were equally available to both parties and she is charged with knowledge of the law regarding retroactive benefits; (2) unjust enrichment is also inapplicable in light of that imputed knowledge; and (3) her fiduciary duty claim fails because there is no indication that the INPRS employee was a fiduciary. Therefore, we affirm,” wrote Judge Terry Crone.

IS IT TRUE January 21, 2015

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IS IT TRUE that an arrest has been made as a result of the investigation of the shooting inside the C. K. Newsome Center the other day?…the arrested party is an 18 year old male named Anthony Stewart, who allegedly fired 2 shots in the gymnasium while about 50 people were in the facility playing and watching a basketball game?…the only casualty aside from the supposed tranquility of the place was a pair of pants that a bullet grazed?…it is indeed a sad day in Evansville when peaceful people can’t enjoy a basketball game without being shot at?…more and more in cities across America, this sort of dangerous behavior is ruining day to day life for perfectly good people?

IS IT TRUE it seems as though the United States of America has been guilty of lapsing into the neglect of infrastructure in much the same way that Evansville, Indiana has been?…with us it is the sewers, the sidewalks, the water distribution pipes, and the roads that are falling apart for lack of a system of maintenance?…yesterday in Ohio the failure to test and maintain bridges came home to roost when a bridge on the Dixie Highway (I-75) came crashing down?…even though this is Ohio, the CCO got a few emails affixing blame to President Obama, to Mitch McConnell, and even to John Boehner who is the only one of the three who actually is from Ohio?…every time something like this happens the political extremes point the fingers of blame at each other and proceed to do nothing about the problem?…there are in all likelihood thousands of bridges on busy roads that are on the verge of collapse and no one seems to be keeping track of what needs some pre-emptive maintenance?…perhaps if the hounds of Washington were required to commute on some crashed bridges and un-passable roads they would get their fingers working instead of pointing?…in this writers view there is plenty of blame to be placed on both parties and the fools who blindly support them?

IS IT TRUE that the group that launched the Facebook site to save the Owen Block Building keeps moving forward and making progress?…one of the real advantages to this process is that in the end the City of Evansville does not own the building?…the numbers seem to have worked out and the CCO sees this model as transferable to other historic properties?…just up the street the McCurdy Hotel sits rotting to the ground from neglect and from the interference of local government?…if former Mayor Weinzapfel would have kept his ambitions in check and his campaign fundraising machine in it’s cage, the McCurdy may well still be a functioning old folks home?…he didn’t as what we have now is a mess of colossal proportion with an open door policy being exploited by street people and teenagers for shelter and entertainment?…we have pondered the possibility of an Owen-Block model for the McCurdy and see it as a bit of a stretch but still possible?…in order to do this one must assume a value for the finished product that a developer can secure a loan against?…we assume that to be about $10 Million?…the cost to really do a good job of repairing the McCurdy with all of the damage it now has would certainly be in the range of $15 Million?…the challenge in this case would be in finding $5 Million to fill the gap between value and cost that plagues downtown Evansville?…before calling this one, we need to see if the Owen Block project really proceeds to a positive end?…if it does, there is hope for other properties?…if it does not, Evansville will have missed out on a golden opportunity to prove that citizen based adaptive reuse can be successfully implemented in River City?

Please take time and vote in todays “Readers Poll”.

Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Libertarian Response To The State Of The Union Address

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Good evening. I’m Arvin Vohra, vice chair of the Libertarian National Committee.

Mr. President, in your State of the Union address, you propose to make Big Government even bigger.

You propose pouring more taxpayer dollars into another federal education program, this time for community colleges. But federal intervention has driven up the price of higher education.

What if we could make college affordable right now by simply getting government out of higher ed? Without subsidies and costly mandates, competition will force colleges to decrease their tuition or go out of business. Massive student debt would be a thing of the past.

Mr. President, we can have world-class education. The first step is defunding and eliminating the federal Department of Education, abolishing Common Core, and allowing parents to take full control over their children’s education. Free-market competition will raise educational standards, lower costs, and prepare students to compete in a global economy.

Mr. President, your attempts to raise the minimum wage will destroy one of the most important forms of education in this country. Many young people develop responsibility and marketable skills in entry-level, minimum-wage jobs. Those skills make workers more attractive to future employers.

The Republican answer, to leave the issue to the states, is a cop-out. All minimum wages kill jobs and hurt the poor. Libertarian candidates have pledged to sponsor legislation to eliminate the minimum wage in every state. That makes it easier for young people to gain experience, for the poorest workers to gain a foothold in the job market, and for small businesses to grow.

Here’s how we really grow the economy and create jobs: dramatically cut taxes and government spending. Libertarian candidates have pledged to sponsor legislation to cut federal spending to 1998 levels and eliminate the income tax. That means that you keep the money you earn, and spend it how you see fit: on charities and the arts, science research, education, and the health care of your choice.

Eliminating the income tax also defunds government’s ability to infringe on our privacy, to create enemies through needless wars, and to imprison our fellow citizens for victimless crimes.

Mr. President, so many of your supporters have begged you to defund and end the War on Drugs, but you have refused their pleas. Drug prohibition separates families, fosters violence, and destroys communities. You can end the war on drugs today, by doing what so many Libertarian gubernatorial and presidential candidates have pledged to do: pardon all nonviolent drug offenders.

Libertarian candidates have pledged to completely end the war on drugs, and thereby eliminate the black market profits that fund violent cartels. Ending the Drug War will make our streets safer, and people will no longer have to fear incarceration if they seek help overcoming an addiction.

Mr. President, over the last weeks you have repeatedly argued that Americans should be able to go online without risking their privacy. On that, we completely agree. Americans should be able to use their computers and phones without fear of anyone listening in or recording their communications through mass surveillance.

But your words, Mr. President, don’t match your actions. You have funded and enabled the surveillance state. To protect privacy, Libertarian candidates have pledged to defund the NSA’s mass surveillance program, repeal the Patriot Act, and massively downsize and consolidate redundant spy agencies.

Mr. President, your party and the Republican Party are damaging lives here and abroad through misuse and overuse of the military.

Libertarian candidates have pledged to sponsor legislation to end all foreign military operations, shut down needless foreign bases, cut military spending by at least 60 percent, and bring our troops home.

Even after those spending cuts, we will still outspend both Russia and China combined. We will also be safer, because our military will be focused on defense. We will stop creating enemies through unwarranted military intrusions.

Republicans have talked about repealing and replacing Obamacare. With what? Romneycare? That will continue to damage businesses and make health care worse.

When Republicans controlled the House, they had the chance to defund Obamacare. They refused.

Libertarian candidates have pledged to completely repeal Obamacare along with the many laws that stand in the way of low-cost, high-quality health care. Providers will compete for customers by lowering costs and increasing quality.

To help people in need, Libertarian candidates will make charitable hospitals legal. Doctors should not have to leave our borders to be able to offer free care.

We need to massively downsize and defund the federal government. But Republican and Democratic politicians only want to make it bigger. Get involved with the Libertarian Party in your state by going to LP.org, and by voting Libertarian.

Politicians can do one thing well: count votes. When you vote for a Democrat or Republican, it tells them, “Keep doing what you’re doing.” But when you vote for a Libertarian, it tells them, in no uncertain terms, “You have neither my approval nor my permission to grow or sustain Big Government. Shrink it now.”

Thank you for listening. Let’s bring liberty back to our communities and to the United States of America.

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Four men arrested during shots fired investigation at CK Newsome Center had over 70 prior arrests between them

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Evansville Police have made four arrests following the weekend shots fired incident in the CK Newsome Center Gym.
Police have charged 18 year old ANTHONY STEWART with Criminal Recklessness. Investigators believe he was the person who opened fire in the crowded gym on Saturday afternoon. The shots were fired after a fight broke out during a basketball game.
Two men who had been involved in the incident at the gym were arrested on weapons charges later that night during a car stop. A third man who was with them was also arrested during the car stop. Austin Pam, Montarious Cheatem, and Dugniqio Forest were arrested after officers found the men armed with an SKS rifle and Tec-9 semi auto handgun. The men had over 100 rounds of ammunition in the car and both guns were loaded with a round in the chamber. Investigators believe the men were looking to retaliate against Stewart and were pulled over by a patrol officer before they were able to find him.
All four men had previous arrests. Evansville Police have arrested the men a combined total of 72 times. The prior arrests include 6 armed robberies, 11 weapons violations, theft, battery, and intimidation cases. The arrests include juvenile and adult charges.
All four men are currently in jail on charges related to the weekend arrests.

First Lady Karen Pence to Participate in Indiana National Guard’s Statewide Literacy Books and Boots Program

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Indianapolis – Today, First Lady Karen Pence will join the Indiana National Guard and Indiana Department of Education to read to students on behalf of the Books and Boots literacy initiative at Nora Elementary School. Details below.

Tuesday, January 20:

2:30 p.m. EST – First Lady Karen Pence to participate in Indiana National Guard’s statewide literacy Books and Boots program

 

Why We Need a Better Sense of Humor

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By Tom Purcell

Boy, does the world need a better sense of humor right about now.

Humor, says Merriam-Webster, is “the ability to be funny or to be amused by things that are funny.”

Humans are at their best when they are amused. Few things can better reduce stress or shed light on truth than a good joke.

President Reagan had a grand sense of humor — and used it with great deftness to advance his program.

He told one joke about a man, then living in the Soviet Union, who went to a government office to order a new car. When he laid down his money, he was told there would be a long wait.

“Come back in 10 years and pick up your car,” said the government servant.

“Morning or afternoon?” said the man.

“What difference does it make?” said the servant.

“Because the plumber is coming in the morning.”

British academic and joke theorist Christy Davies says a good joke can help clarify and express complex feelings. A good joke can cut to the heart of the matter better than any speech or law or government policy.

The lack of a sense of humor can do the opposite.

When I was younger, and going through a rough patch in my career, I was miserable.

After I’d been moping around for a few months, my mother let me have it.

“You have lost your sense of humor,” she said, “and you need to get it back.”

She was correct. Lacking good humor, I trapped myself in the narrowness of my own small consciousness, making relatively small challenges into giant problems.

A sense of humor is the way out of narrowness. Learning to laugh at yourself is healthy. And people who laugh the hardest are always the healthiest.

True, laughter often depends, as the old saying goes, on whose ox is being gored.

“Saturday Night Live” founder Lorne Michaels has noted that the show often pokes fun at Republican politicians because Republicans find it funny — they don’t take the ribbing as personally as do some with other political points of view, he said.

I didn’t know much about Charlie Hebdo, the French satirical newspaper that was attacked by terrorists 11 days ago. Two gunmen killed 12 people in the editorial office.

As it went, the magazine had published provocative cartoons that caricatured the founder of Islam, and the terrorists entered the building with guns to exact revenge. The cartoons apparently didn’t tickle the gunmen’s funny bone.

The magazine has been criticized by some for publishing such provocative cartoons and for also lampooning Judaism and Catholicism in a highly provocative manner (one cartoon showed nuns masturbating, and another showed the pope wearing a condom).

Though some may find such satire insulting and inflammatory, the Charlie Hebdo editors and cartoonists did not deserve to be killed for publishing it, and the acts of the two gunmen who killed them can in no way be validated by anyone.

The handful of critics who suggest that the editors and cartoonists partly brought the attack on themselves are missing the point. Nobody should be murdered because of satire. Ever.

The fact is, we have far more to fear from those who wish to repress expression and censor jokes and cartoons than we do from the jokes and cartoons themselves.

And though biting satire may be unpleasant at times to some, one thing we can agree on is this: We need more good humor in the world and we need it fast.

Here’s one joke I think we can all agree on:

“It’s so cold today, the politicians had their hands in their own pockets.”

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©2014 Tom Purcell. Tom Purcell, author of “Misadventures of a 1970’s Childhood” and “Comical Sense: A Lone Humorist Takes on a World Gone Nutty!” is a Pittsburgh Tribune-Review humor columnist and is nationally syndicated exclusively by Cagle Cartoons Inc.

 

Vanderburgh County Recent Booking Records

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http://www.vanderburghsheriff.com/jail-recent-booking-records.aspx 

EPD Activity Report January 20, 2015

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ACOs Moving Ahead

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89 New Accountable Care Organizations Join Program to Improve Care for Medicare beneficiaries 

Evansville, IN – MissionPoint Evansville has been selected as one of 89 new Medicare Shared Savings Program Accountable Care Organizations (ACOs), providing approximately 1.6 million additional Medicare beneficiaries with access to high-quality, coordinated care across the United States, the Centers for Medicare & Medicaid Services (CMS) announced today. That brings the total to 405 Shared Savings Program ACOs serving over 7.2 million beneficiaries.

Doctors, hospitals and health care providers establish ACOs in order to work together to provide higher-quality coordinated care to their patients, while helping to slow health care cost growth. MissionPoint Evansville will be one of 405 ACOs participating in the Shared Savings Program as of this January 1st.  Beneficiaries seeing health care providers in ACOs always have the freedom to choose doctors inside or outside of the ACO.

ACOs share with Medicare savings generated from lowering the growth in health care costs when they meet standards for high quality care. ACOs are groups of doctors, hospitals, and other health care providers that work together to give Medicare beneficiaries in Original Medicare (fee-for-service) high quality, coordinated care. ACOs can share in any savings they generate for Medicare, if they meet specified quality targets.

“MissionPoint Evansville will be joining a program that is one part of this Administration’s vision for improving the coordination and integration of care received by Medicare beneficiaries”, said Sean Cavanaugh, Deputy Administrator and Director, Center for Medicare. “We look forward to continuing this partnership with MissionPoint Evansville in increasing value and care coordination across the health system.”

Since ACOs first began participating in the program in early 2012, thousands of health care providers have signed on to participate in the program, working together to provide better care to Medicare’s seniors and people with disabilities. The 89 new ACOs will bring approximately 23,000 additional physicians and other providers into the ACO program starting January 1.

ACOs are starting to see promising results. This fall, CMS released the early findings from the ACOs who started the program in 2012. ACOs improved on 30 of the 33 quality measures in the first 2 years, including patients’ ratings of clinicians’ communication, beneficiaries’ rating of their doctors, and screening for high blood pressure. ACOs also outperformed group practices reporting quality on 17 out of 22 measures.  ACOs are also demonstrating promising results on cost savings with combined total program savings of $417 million for the Shared Savings Program and the Pioneer ACO Model.

While CMS is encouraged by what they have seen so far, they also understand there are opportunities to improve the program to make it stronger. Earlier this month, they published a proposed rule to update the guidelines for the program. CMS is looking forward to receiving comments from ACOs, beneficiaries, and their advocates, providers, and other stakeholders interested in seeing the ACOs succeed long-term.

ACOs are also just one way that CMS is working to reduce the rate of growth in Medicare spending while improving care. Medicare spending per beneficiary was essentially flat in nominal dollars in fiscal year 2014, and from 2010 to 2014, Medicare spending per beneficiary grew at a rate that was 2 percentage points per year less than growth in GDP per capita. While the recent slow cost growth has multiple causes, our reforms in the Medicare and Medicaid programs are meaningful contributors to these gains and are improving quality as well.  Preliminary data for 2013, for example, indicates improvements in patient safety has resulted in 50,000 fewer deaths, 1.3 million fewer patient harms, and $12 billion in avoided health care spending.  Recent research implies that many of these reforms may be generating savings in the private sector as well.

Ultimately, today’s announcement is about delivering better care, spending dollars more wisely, and having healthier people and communities. ACOs drive progress in the way care is provided by improving the coordination and integration of health care, and improving the health of patients with a priority placed on prevention and wellness.

More information about the Shared Savings Program is available at https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/sharedsavingsprogram/index.html?redirect=/sharedsavingsprogram/

For a list of the 89 new ACOs announced today, visit: http://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/sharedsavingsprogram/News.html

Service of process fees increase under proposal in Senate

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Dave Stafford for www.theindianalawyer.com

Fees sheriffs collect to serve parties in civil lawsuits would nearly double under a bill that cleared a Senate panel last week.

Senate Bill 217 would raise the service of process fee from $13 to $25 for a party requesting service of a writ, order, process, notice, tax warrant or any other papers to be served by a sheriff or deputy. The bill also would allow collection of an additional $25 fee for post-judgment service.

The bill is supported by the Indiana Sheriffs Association and the Indiana Association of Cities and Towns. It was forwarded out of the Senate Judiciary Committee Jan. 13 on a vote of 7-2. No one spoke in opposition to the bill.

The fee supports the cost of service processing and also funds sheriff’s office pension plans in counties around the state, some of which have unfunded liabilities that otherwise would be picked up by taxpayers, said Indiana Sheriffs Association Executive Director Steve Luce. Increasing the fee would ensure the programs that vary by county are stabilized, he said.

The process of service fee was last increased in 2006.