Atalig wants to remain in the defined benefit plan even after he terminated his membership and had asked for a refund of his contributions to the Retirement Fund.
But Fund Administrator Richard S. Villagomez said Atalig should now be enrolled in the defined contribution plan as he had terminated his membership in the defined benefit plan.
In his appeal filed with the Retirement Fund hearing officer, Atalig, represented by lawyer Ramon K. Quichocho, said the Retirement Fund administrator was wrong.
The appeal stated that beginning June 16, 2006 when Public Law 15-13 was enacted, “class I members who withdrew their contributions and are subsequently reemployed by the commonwealth are enrolled in the defined contribution plan.”
The defined contribution plan only took effect starting Jan. 1, 2007, the appeal stated.
It added that Atalig was enrolled and continuously contributed to the Fund until the day he was wrongfully terminated on March 6, 2006.
Quichocho said Atalig was not reemployed but was reinstated to his former position.
Atalig is the current “public information officer” of the Department of Public Works.
P.L. 15-13, the lawyer added, does not require a judicially reinstated employee, due to wrongful termination, to be enrolled under the defined contribution plan.
“What the [administrator] did in the case of Mr. Atalig is to try to fit a ‘square peg in a round hole,’ ” he said.
Quichocho said Villagomez’s decision was “arbitrary, capricious, an abuse of discretion, and/or otherwise not in accordance with law, contrary to constitutional right.”
He said the decision “is in excess of statutory jurisdiction and short of statutory right, without observance of procedure required by law, unsupported by substantial evidence, and unwarranted by the facts.”
In an interview, Atalig said he expects to win his case, adding that the Retirement Fund was not in compliance with the intent of P.L. 15-13.
Atalig believes the hearing officer who will be hired by the Retirement Fund for him should be fair.
He said if he is not satisfied with the outcome of the hearing he will bring the matter to court.
