Records Request

Please be advised that it is the position of the Fund that the Fund, including its trustee, the Retirement Board, is a private pension trust and not a governmental body.  As a private entity, its records are private property.  Accordingly, it is the Fund’s position that application (including retroactive application) of the Public Records Law (“PRL”) to the Fund is unconstitutional.  Notwithstanding its private status and the Fund’s legal position, it is the general policy and practice of the Fund to consider and respond to requests made pursuant to the PRL in accordance with the express terms of that law to the extent applicable.  In this and any other case, the Fund’s election to treat a records request as a “public records request” and to comply with the statutory and regulatory requirements of the PRL, including assertion of any statutory exemptions to production or common law privileges, is without prejudice to the Fund’s status as a private entity.  Consequently, the Fund expressly reserves, and does not waive, the right to assert the legal position stated above, as well as any other applicable rights, defenses and/or exemptions.