Ada is the third complainant this month to have sued the Retirement Fund in federal court.
Ada filed his complaint against the Retirement Fund board of trustees, Chairman Juan T. Guerrero and Administrator Mark Aguon.
Represented by attorney George L. Hasselback, Ada is asking the court to grant him relief for general and special damages in an amount to be proven at trial, an award for punitive damages, for pre-judgment and post-judgment interest as allowed by law, for costs of suit, and for other relief and equitable relief as the court deems proper.
Ada said he began working as CNMI government employee on March 13, 1978.
In Sept. 1997, Ada retired under the “early out” retirement program.
He began to receive retirement benefits for the time accrued to that point.
In Jan. 2000, he became a member of the House of Representatives.
By that time, he said his retirement benefits ceased, but he began to accrue more time applicable to his eventual retirement.
He said he also began to accrue additional benefits applicable to his eventual retirement because of his position as an elected legislator.
After failing to win another term in the 2007 elections, Ada retired in Jan. 2008.
By that time, he had accrued 25 years of time which has due retirement benefits.
He said the Retirement Fund administrator wrote him a letter on Feb. 29, 2008 congratulating him on his retirement and outlining the retirement benefits that he would begin to receive from the Fund.
He said he discovered that his retirement benefits were much lower than what he was supposed to receive because the Fund did not take into account the time he spent as an elected legislator.
Ada said he contacted the Fund administrator through his counsel requesting an explanation for the insufficiency.
Not satisfied with the answer he got from the Fund, he asked to be granted an appearance before the Fund board or its hearing officer to contest the calculation of his retirement benefits on April 21, 2008.
Ada is filing three causes of action against the defendants for violation of rights under the U.S. Constitution, violation of rights under the CNMI Constitution, and conversion.
Former Northern Marianas College and Washington Representative’s Office employee Malinda S. Matson and former Sen. Thomas P. Villagomez also filed complaints against the Fund.
