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DAVIS, COWELL & BOWE, LLP

Counselors and Attorneys at Law


San FrancIsco
May 12, 2014
595 Market Street, Suite I 400
San Franc:sco. Catorria 94105
VIA EMAIL
(dlow@oaklandnet.com)
and U.S. MAIL
15.597.7200
Fax15.597.7201 David Low
Oakland Police & Fire Retirement System
150 Frank H. Ogawa Plaza 3rd Floor
Barry S. Jeibson (CA)
Steven L. Stemerman (CA, NV)
Oakland, CA 946122012
RichardS. Mccracken (CA, NV)
W David Holsberry (CA, NV)
Re: Status ofPublic Records Act Request (Nov. 22, 2013
Elizabeth Ann Lawrence (CA, NV, AZ)
Request)
AndrewJ. Kahn (CA, NV,
Dear Mr. Low:
John J. Davis, Jr. (CA)
Florence E. Cup iCA. nV)
KsiinL.Martin(CA,WP.ll
I am writing to follow upon our prior correspondence regarding the
Eric8.Myers(CA,NV(
Public Records Act request made on November 22, 2013, by the Retired
Paul L. More (CA. x. Rl Oakland Police OfFicers Association.
Sara, Varela (CA.AZ. \V(
Srah GctswanSwensrn C W
On December 26, 2013, you stated not available in response to all
EhzabethQHinckle(CA)
requests except Request #2 (see prior correspondence, enclosed here). It is
Yuval Miller (CA)
unclear from this response whether a search was made, whether the records
Kyrsten Skoystad (CA, AZ) . . .
DavidLBarber(CA)
do not exist, or whether the System is claiming some basis for not releasing
the records. Please clarify your response.
Robert P Cowell (19311980)
As we noted in our letter from May 9,2014, sections 4.2 and 4.4 of
of counseL
the Oakland Police & Fire Retirement System Contract with New York
Phi p Paul Boat (nJ
Life require regular communications between the two entities. We have
also enclosed an example of a communication responsive to our Requests.
Please provide us with an update on the search for
jj
documents responsive
Mccracken, Stemennan
to all Requests.
& Hoisborry
Please give me a call at 415-597-7200 ext. 2099 if you have any
1630 5. Commerce Street, Suite Al
questions or would like to discuss further. Thank you for your time and
Las Vegas, Nevada 89102
assistance.
702 386. S 107
Fax 702.3869848
Very truly yours,
?td9Lbr
Sarah Grossman-Swenson
End.
e a
Yin Saelee
From; Low1 David cDLow@oaklandneLcom>
Sent: Thursday, December 26, 2013 9:53 AM
To: Vien Saelee
Subject: RE: Public Records Act Request Follow-up re Oakland Police & Fire Retirement System
Attachments: PRR 20131122 NYL1Ie Annuity Report 2000-PresenLx(s
Ylen,
Attached here is the reply to the Public Records Request made to the Oakland Police and Fire Retirement System:
1. Copies of any and all correspondence and documents reflecting communications between the Oakland Police &
Fire Retirement System (PFRS9 and New York Life Insurance Company (New York Life) regarding annuities
first purchased in approximately 1985-86 (1lew York Life Annuities), from January 1, 1997 to the present. Not
Available
2. CopIes of all records of payments to PFRS related to the New York Life Annuities, and/or made pursuant to the
New York Life Contract, from January 1, 1997 to the presenL Responded to ROPOA in PRR #944 (spreadsheet
attached)
3. Copies or anyand all correspondence between New York Life and PFRS, relating to or referring to status
changes for annuitants named in the New York Life Annuities and New York Life Annuity Contract, including any
attachments, appendixes or exhibits thereto, from January 1, 1997 to the present. Not Available
4. Copies of all correspondence between Tier Jenkins and New York Life, or any other person or entity, regarding
the New York Life Annuities, from January 1, 2000, to the present. Not Available
5. Copies of all correspondence between Yvonne Hudson and New York Life or any other person or entity regarding
the New York Life Annuities, from January 1. 1997, to the present. Not Available
6. Copies of all correspondence between Walter Johnson and New York Ufe or any other person or entity regarding
the New York Life Annuities, from January 1. 1985, to the present. Not Available
7. Copies of all correspondence between David Low and New York Life or any other person or entity regarding the
New York Life Annuities, from January 1,2000, to the present. NotAvailable
Sincerely,
DAVID LOW
Retirement Systems
City of Oakland
150 Frank Ogawa Plaza, Ste 3332
Oakland CA 94612
p: 510.238.72951: 510.238.7129
dlpw@oaklpndnet.com
From: lien Saelee [mailto:ysaelee@dcbsf.com
Sent: Monday, December 23, 2013 10:30 AM
To: Low, David
Cc: David Holsberry
Subject: Public Records Act Request Follow-up re Oakland Police & Fire Retirement System
Dear Mr. Low,
Please see attached for correspondence regarding the above-referenced matter.
Regards,
(len
Vien Saelee
Assistant to Eric B. Myers and John J. Davis, Jr.
DAVIS, COWELL & BOWE, LLP
595 Market Street, Suite 1400
1
San Francisco, CA 94105
415/597-7200e,ct. 2098
415/597-7201 fax
2
DAVL, COWELL & BQW.- LLP
Counselor5 and Attorneys at Law
San FrancIsco
December 23, 2013
Via US. Mail and E-mail (dlowW,oaklandnet cam) 595 Maikel Sired, Suite 14%
San Francisco. CaMorcia 941C5
Oakland Police & Fire Retirement System 41 5.597.72%
Far 45 5977201
0/0 David Low
Lionel Viison Building
150 Frank H. Ogawa Plaza, 3rd Floor
BarryS. Jellison(CA)
Oaldand, CA94612-2021
Sleurn 1. Slenerman (CA. W)
RichaidG Mccracken
Re: November 22, 2013 Public Records Act Request W David Hosbrrry (CA. IN)
E&zabeth km UiMnemce (CA, liv, AZ
To Whom It May Concern:
Mdrew J. Kahn (CA. NV, AZ)
JaW J. Da4s. it (CA)
Enclosed is a copy of our November 22, 2013 Public Records Act request
florence E. CuIp (CA, N)
Kristin I Martin 1W HI)
served on your organization. There has been no response within the statutory
Eric . Mts
time limitation; that violation is not waived. Please inform me immediately when
Paul L. More (C& W MA)
the requested records will be provided.
Sarah Varula (CA, AL, NV)
Sarah G,ossman.Swenson (CA. N)
Very truly yours,
Elizabcsh Q hi,r.dje (CM
Yuval Miller (CA)
Kyisten Skogslad (CA, AZ)
W. David Hotsbeny
Raberl P Cowel (1931 980)
End.
DI counsel:
Phl;p Paul Bowe (CA)
Mccracken, Siemennan
& Holabeny
I60 5. Commerce Sheets, SIt A;
Las Vegas. Nevada 89102
702 386.5107
Faa 70? 3869848
Sw
DAVIS, COWELL & BOWE, LLP
Counselors and Attorneys at Law
November 22, 2013
San Francisco
Via certified mail and e-mail (dlow2oaklandnet. corn)
595 Market Sired, Sujie 1400
San Francisco, California 94105
Oakland Police & Fire Retirement System
4155977200 c/o David Low
Fax 4155977201 Lionel Wilson Building
150 Frank H. Ogawa Plaza, 3rd Floor
Oakland, CA 94612-2021
Barry S. Jellisan (CA)
Steven L. Slemerman (CA. NV)
Richard 6. Mccracken (CA, NV)
Re: Public Records Act Request
Vt David Hoisberry (CA, NV)
EtzabeMntavnerze(CAi&A2) To Whom It May Concern:
Mdrew J. Kahn (CA. AZ)
Jth J. Davis, Jr. (CA)
Our firm is counsel to the Retired Oakland Police Officers Association
florence E. Cu (CA. NV)
(ROPOA).
Kristin L. M,arlin (CA. NV HI)
Eric B. Myers (CA. NV) .
Paul 1. More . NV, F)
Under the California Public Records Act, we are requesting the
Sarah Varela (CA, . NV)
following Oakland Police & Fire Retirement System documents, preferably in
Sarah Grossrnan.Swensun (CA, NV)
electronic fonnat:
Elizabeth Q. Hlnckle (CA)
Yuval Miller (CA) 1. Copies of any and all correspondence and documents reflecting
KyrstenSkogsfad (CA, AZ)
communications between the Oakland Police & Fire Retirement
Robert P CoweD (l93t1980)
System (PFRS) and New York Life Insurance Company (New York
Life) regarding annuities first purchased in approximately 1985-86
of counsd:
(New York Life Annuities), from January 1, 1997 to the present
Pulp Pat. I 5 awe ( CA)
2. Copies of all records of payments to PFRS related to the New York
Life Annuities, and/or made pursuant to the New York Life Contract,
from January 1, 1997 to the present.
McCracken. Stemennan
& HoisberTy
3. Copies of any and all correspondence between New York Life and
1630S.CommerceStreet,SuileA-l
PFRS, relating to or referring to status changes for annuitants named in
Las Vegas, Nevada 89102
the New York Life Annuities and New York Life Annuity Contract,
702.386.5107 . .
F 702.386.9848
including any attachments, appendixes or exhibits thereto, from
January 1, 1997 to the present.
4. Copies of all correspondence between Tier Jenkins and New York Life,
or any other person or entity, regarding the New York Life Annuities,
from January 1, 2000, to the present.
!AaIi
0
DAVIS, COWELL & BOWE, LLP
Oakland Police & Fire Retirement System
November22, 2013
Page 2
5. Copies of all correspondence between Yvonne Hudson and New York Life or any
other person or entity regarding the New York Life Annuities, from January 1, 1997,
to the present.
6. Copies of all correspondence between Walter Johnson and New York Life or any
other person or entity regarding the New York Life Annuities, from January 1, 1985,
to the present.
7. Copies of all correspondence between David Low and New York Life or any other
person or entity regarding the New York Life Annuities, from January 1, 2000, to the
present.
We would prefer documents in electronic format, produced to wdh@dcbsf.com.
In the event that documents are not available in electronic format, we agree in advance to
pay $100 for copying. If we are likely to exceed that amount, please contact us at
(415) 597-7200 or
wdh@dcbsf.com to approve additional copying expenses.
We look forward to your response. Thank you for your time and assistance.
Very truly yours,
c
W. David Holsberry
Sarah Grossman-Swenson
0
_______
169 1acswann8 Avoirne
Par&iwtflv
NJ 070b4
Investment
2
ManagmentllC
July 25, 20 I 1
Mr. lair Jenkins
City of Oakland
150 Frank H. Ogawa Plaza,
yci
Floor
Oakland, CA 94632
RE: GA-04020
City of Oakland
Dear Mr. Jenkins:
M of 06/30/2011, $861,349 of monthly benefits remains in force under this contract.
The vuiue of the statutory reserves held to cover New York Life insurance Companys
liabilities ror these benefits is $59j 80,663.
Note that these guaranteed nonparticipating annuities were purchased from NYLIC by
CiLy or Oakland in 1985 wider a single premium group annuity contract. It is important
to note that the guarantee made by NYLTC is to pay all benefits as spezified in the
contract
The value of such benefits as of 06/30/2011 based on a new money rate of 3.15% would
be approximately $97 million.
Please call me at 973-394-3218 if you have any questions.
Sincerely,
J tChow
uaranteed Products Clie t Services
N.., Voit Lii. IiCLJFit CiinInnj,
N..v Tn
S.wI%JS7JUd W NVSE Dbsii LIC
by jsio.p.ti4 ely