Judge denies legal challenge to pension and health care measure

But San Francisco Superior Court Judge Harold Kahn did strip out a particularly contentious section of Proposition B that was designed to discourage court challenges if voters approve the measure, saying the so-called poison pill provision was one of the most draconian pieces of legal writing I have ever seen.

That provision would have imposed a five-year freeze on wages or any other bargained compensation if a court invalidated any part of Prop. B, potentially exacting a high toll from any city employee who pushed a legal challenge that had merit.

Kahns eight-page ruling said the poison pill language imposes an unwarranted and wholly disproportional burden on the right to seek redress from the courts.

The judge also indicated that Prop. B may violate the vested rights of employees by forcing them to contribute more to their pensions, but Kahn said he hadnt been presented with enough evidence to show a clear violation.

Kahn rejected a series of procedural arguments about language on the petition that five individual city workers and labor unions for police officers, firefighters and others had alleged in the lawsuit filed Aug. 10.

Darcy Brown, a spokeswoman for Prop. Bs backers, the most prominent being Public Defender Jeff Adachi, said the lawsuit was petty, it was picky, it lacked merit and the judge saw through it.

Prop. Bs supporters are fine with Kahn removing the poison pill language, Brown said.

The measure still calls for city employees to pay more into the retirement system and to pick up more of the health care costs for their dependents.

City employees say Prop. B will make their health care payments spike, forcing some to stop covering children, spouses or partners.

Adachi says the initiative could save the city an estimated $170 million a year and is a needed to help rein in skyrocketing pension costs that have led to chronic budget deficits.

Elvira James, a secretary with the San Francisco Rent Board and one of the workers who brought the lawsuit, said she was glad Kahn found the initiative flawed but was disappointed it remains on the ballot.

I took a $3,000 pay cut earlier this year and now Mr. Adachi wants me to pay another $3,500 for health care. Thats not fair, James said in a statement. Mr. Adachi makes $196,000 a year and doesnt pay a cent for his own retirement benefits.

Adachi acknowledges he doesnt currently pay into the retirement system, and neither do thousands of other city employees, he said. That, in his estimation, is part of the problem.

Posted By: John Cote (Email) | August 30 2010 at 04:02 PM

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Fannie program offers excellent loan terms

WASHINGTON – If you fit the profile – typically buyers with little cash on hand or small-scale investors looking for a deal on a foreclosed house – a little publicized national lending program could be just what you need this fall.

Heres what it offers:

bull; Minimal down payments – 3 percent for buyers who plan to live in the house, 10 percent for investors. Most of your down payment can come from documented gifts from relatives or others with no direct connection to the transaction.

bull; No requirement for an appraisal on the property unless youre applying for additional money to renovate the house. This is crucial because lowball appraisals can be deal-killers, especially when the house needs cosmetic or other repairs.

bull; Generous seller contribution limits of up to 6 percent of the price, effectively reducing the cash youll need to pay closing costs.

bull; No requirement for mortgage insurance coverage, despite your high loan-to-value ratio at purchase.

bull; Credit score minimum of 660 – significantly lower than the 700-plus scores many lenders now demand for conventional loans on favorable terms.

bull; Maximum loan amounts tied to standard conventional loan limits: $729,750 in the highest cost markets, $625,500 in others, and $417,000 everywhere else.

Who is offering such an unusual package of come-ons like this in an era of stringent underwriting requirements? Its Fannie Mae, the mortgage investment giant that got into deep trouble when the housing bubble burst and is now bleeding red ink in prodigious quantities under federal conservatorship.

As a result of its past problems, Fannie is saddled with a bulging portfolio of tens of thousands of foreclosed homes. It needs to sell those houses, is willing to finance their transfer to new owners, and has come up with a program it calls HomePath to do so. In recent weeks, HomePath loans have been rolled out through mortgage brokers and a network of 50 lenders, so its probably available on houses in your area.

The basics on HomePath: The program is restricted to Fannie Mae foreclosure holdings. The full lineup of listings can be viewed state by state at www.HomePath.com. Participating real estate brokers are listed on the same site; Fannie Mae will only entertain offers that come through those brokers, not directly from consumers. Most properties are open to bids from owner-occupant purchasers and investors, but some designated First Look are reserved for bids from owner-occupants during the initial 15 days after listing.

There are two main options with HomePath: Mortgage financing to purchase the house in its current as is condition. And renovation financing, where Fannie loans additional amounts needed for what it describes as light to moderate fix ups, such as a roof repair or replacement of an HVAC system.

Standard HomePath listings are all in move-in condition, according to Fannie. That is, the company has inspected them, performed at least cosmetic repairs as needed, and determined them to be structurally sound with no code violations and all systems in working order. Listings eligible for renovation financing generally require some work to be funded through add-on amounts to the mortgage that are held in escrow by the lender after closing and disbursed as repairs are completed during the succeeding six months. Maximum rehab amount is $30,000 or 20 percent of the projected as completed value of the renovated house.

Interest rates on both options are slightly higher than prevailing conventional or FHA-insured loan rates. For example, Peter Boutell, co-owner of Santa Cruz Home Finance in Santa Cruz, Calif., says that in mid-August, when 30-year fixed rates on owner-occupied home loans dropped to the 43/8 percent range, applicants making less than 20 percent down payments were required to pay mortgage insurance premiums that pushed their effective rate to about 47/8 percent. At the same time, HomePath loans with 5 percent down payments were available at 51/8 percent.

This is an amazing program for people looking for a foreclosure at a low price who dont have big down payment cash, Boutell said in an interview. You cannot buy a fix-up with conventional financing anywhere, he added. Lenders just wont do them.

Are there potential downsides to HomePath? Absolutely. Though Fannie Mae says it owns foreclosed houses in a wide variety of neighborhoods, mortgage brokers say they are more likely to be found in lower- to moderate-priced areas that took deeper hits when the housing market unraveled. Buyers looking for pristine properties with zero defects might not find what they want on the HomePath listing board.

But check it out. Fannies loan terms will be hard to beat.

bull; Write to Ken Harney at PO Box 15281, Chevy Chase, MD 20815 or via e-mail at kenharney@earthlink.net.

2010, Washington Post Writers Group

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Bank of America Refinance Mortgage Rates – September Home Loans at Lowest …

Bank of America Refinance Mortgage Rates September Home Loans at Lowest Levels in 2010

Posted on | September 2, 2010 | No Comments

Bank of America refinance mortgage rates are currently at the lowest levels we have seen in quite some time. September home loans are around 4.25% for the 30 year fixed but it is important to remember there will take a great credit score and a low debt to income ratio to have any opportunity to lock into a refinance rate under 4.5%.

Bank of America is currently one of the largest mortgage lenders in the country but it is very important to understand that there are multiple options when it comes to locking into refinance mortgage rates. By doing research online many homeowners will likely find that there are opportunities spread throughout the United States when it comes to mortgage lenders and financial institutions.

The majority of mortgage applications over the last several weeks have been to read finance. Refinance applications have outweighed new home applications almost 4 to 1 over the last month. This comes as no surprise as there are very few incentives for first-time homebuyers as there no longer is a tax credit available from the government.

Author: Mike Garner

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Database for home loans to check cheats

Fraudsters would soon find it difficult to raise multiple loans against the same property.

The Central Electronic Registry (CER), an entity promoted by the National Housing Bank (NHB), will keep track of all mortgages in the home loan market. In future, when a borrower seeks to avail of a loan against a house, the lender will be able to verify from the CER whether anyone has already got charge of the property.

A majority of home loan frauds pertain to borrowers raising multiple loans using forged documents. In some cases, the fraud is perpetrated by the developer who sells an apartment under construction to two different buyers. Earlier this month, DNA had reported about a PIL filed by advocates who raised the issue of flats being sold to multiple buyers as the registration department failed to maintain and update sale deeds.

NHB officials said the fraud also extends to sale/purchase of land. The objective behind the CER was to develop an electronic platform for posting of data and information relating to asset finance like mortgage. It will contain details of property like location, survey number, status (lien or any to any bank), free or securitised to any bank, said RV Verma, executive director, NHB.

The banking sector estimates the size of home loan frauds at over Rs400 crore.

All banks and housing finance companies will provide data on title deeds and home loan borrowers to the CER.

Next time a bank processes a home loan proposal, it will first verify with the central registry if the title deed is clear and not registered in any other entitys name, or if any other bank has taken it as a security.

As of now, the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests (SARFAESI) Act in India has enabled a provision to set up a CER. It is learnt that nearly 10 banks, mostly in the public sector, have picked up stakes in the CER, which has received a budgetary provision of Rs25 crore from the central government.

While the CER will currently be accessible only by banks and financial institutions, the common public will be able to access the website only after a few months.

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Professional Referees Needed Now

The Monday Morning Wrap-up

FIFAs slow march is always a bit dispiriting. Questions of goal-line technology, replay, doping and professional refereeing crews have long been answered by other sports, leading many to wonder when soccer will reach the 20th Century.

Dont believe me? Then sit down and watch a bit of Test cricket, a sport synonymous with languid paces, hide-bound tradition and stark conformity. Youll be shocked to learn that this most stuffy of sports uses challenges, Hawk-Eye and replay to the detriment of no one.

Soccer? Eh, well, no.

This should infuriate you. If replay and tech arent too radical for cricket cricket!! how is it possible that world soccer can ignore it? Thats a question to drive one mad, or at least give you a bad headache.

Still, in the wake of a dismal show at the 2010 World Cup, the always loquacious FIFA prez Sepp Blatter is taking baby steps, floating the idea this week that professionals should handle the job in the middle. Maybe just in time for the 2014 World Cup.

Wow. Four years from now we might actually have paid professionals calling multi-million dollar games!

OK, excuse the sarcasm, but lets be blunt here: Paid professionals should be working all the big games right now. They should have been working the 2010 World Cup, and they should be calling games across Europe. Thats right: We need crews of officials that rotate through leagues, calling big games in different countries at all level of competition. Without that, the teams, the players and the referees cannot gain the experiences they all need at the highest level.

This is an idea that is likely to be met with depressing opposition. After all, the English have the best, fairest officials in the world I do believe just ask them, and pay close attention to their medias incessant clattering of continental refs. (We can completely forget that Howard Webb finally noticed that kick in the chest suffered by Xabi Alonso in the World Cup final. Hey, six-eight weeks late, whats the difference? And the less said about Graham Poll the better.)

But its unfair to just pick on the English European fans and media are quick to see officiating conspiracies and edges where in truth, they do not exist. The sad bit about this is that it poisons the well. Does anyone really believe that an English ref cant call a playoff game between a German team and a French team if another playoff game features a team from England? Over here, that idea would be laughed out of the park. In Europe, its taken as fact.

And this prevents what top-level football really needs: A multi-national, professional pool of officials. It would be wonderful if a pool of 60 top referees could be created, then assigned by a central authority to work the top matches across Europe on a weekend. Having a pool like this would make an enormous difference in match control, and set a clear, consistent pattern of adjudication.

There are indeed differences. Fact is, German referees take far less guff in Bundesliga matches than the Serie A guys do in Italy. And some EPL referees dont card those stuck in fouls that would get instantly sanctioned in Spain. MLS referees hardly seem to know what a foul is on some nights, then wave cards like bidders at auctions on others. Having a professional pool beholden only to FIFA and UEFA and available to all would smooth things out, and help set a standard for all leagues and all players to respect and follow.

Lets give credit where credit is due: Mr. Blatters got something right. I hope Michel Platini, La Liga, Serie A, Ligue One, the Bundesliga and the Premiership can jump on board. Having professional referees is an idea whose time came long ago but that doesnt mean we cant play a bit of catch up.

DAILY READS

English clubs making the loot from Champions League

Blatter says nice stuff about the English 2018 bidhellip;which means nothing.

Dept. Of Manchester City:

City stars told to shut up

Manchester Citys spending and UEFAs Financial Fair Play rules

AND: Are UEFAs rules fatally flawed?

Premiership may ban loans to halt player stockpiling

TV TODAY

Bologna vs Inter Milan 245 FSC/FSE

Atletico Madrid vs Sporting 355 GolTV

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PMA Companies Promotes Jack Aspen to VP of Risk Control Services

BLUE BELL, Pa., Aug 30, 2010 (BUSINESS WIRE) –
PMA Companies announced that Jack Aspen has been promoted to Vice
President of Risk Control Services. Mr. Aspen is responsible for leading
PMA Companies’ Corporate Risk Control Services and providing loss
prevention guidance and expertise to PMA’s field risk control,
underwriting and claims service areas.

In his new role, he will lead the risk control functions for the PMA
Insurance Group, PMA Management Corp. and PMA Management Corp. of New
England, as well as provide support and direction to Midlands Management
Corporation’s risk control operations.

“PMA is focused on delivering tangible value to our clients, and our
Risk Control Services provide outstanding value to our clients,” said
John Santulli, Executive Vice President, PMA Companies. “I am confident
that under Jack’s leadership, PMA will continue to rank among the best
loss prevention service providers in the industry. Jack is an
outstanding leader, who has deep loss prevention expertise and a
tremendous passion for providing our clients with exceptional risk
control services.”

Mr. Santulli added that since joining PMA Companies in 2007, Mr. Aspen
has played an integral role in PMA setting the bar in the industry with
the introduction of new, innovative programs and service offerings,
including specialized risk control teams who have extensive expertise in
key industries, decision based safety management, advancements in
industrial hygiene and occupational health, on-line cost-effective
training for our busy clients, aging workforce solutions and PMA
Websourcesm, a 24/7 on-line portal of safety and risk
management resources.

Previously, Mr. Aspen was Assistant Vice President, Risk Control
Services, PMA Companies. With more than 23 years’ experience in the risk
control field, he has served in positions of increasing responsibility,
including Loss Prevention Consultant, Technical Consultant in Ergonomics
and Regional Manager overseeing a team of risk management consultants
stationed throughout the Mid-Atlantic region.

Mr. Aspen has a Bachelor of Science degree in Mechanical Engineering and
a Master of Engineering degree in Industrial Engineering from
Pennsylvania State University. He holds Certified Safety Professional
(CSP) and Associate in Risk Management (ARM) designations.

About the PMA Companies

The PMA Companies provides risk management solutions and services,
including workers’ compensation and property & casualty insurance,
throughout the United States. Headquartered in Blue Bell, PA, the PMA
Companies are the operating companies of PMA Capital Corporation

/quotes/comstock/15*!pmac.a/quotes/nls/pmaca
(PMACA
7.13,
+0.10,
+1.42%)
, a holding company that includes the PMA Insurance Group,
specializing in workers’ compensation and other commercial property &
casualty insurance products; PMA Management Corp. and PMA Management
Corp. of New England, providing results-driven risk management services;
and Midlands Management Corporation, a managing general agent with a
specialty in excess workers’ compensation, program administration and
third party administration services.

For additional information, visit www.pmacompanies.com.

Photo Available Upon Request

SOURCE: PMA Companies

Media Contacts:
PMA Companies
Diane Nafranowicz, 610-397-5136
Diane_Nafranowicz@pmagroup.com
or
Kimball Communications
Gary Kimball, 610-559-7585
gkimball@kimballpr.com

Copyright Business Wire 2010

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Kelly to leave Boston fire union presidency, seek state post

By John M. Guilfoil, Globe Staff

The young, charismatic and at times controversial leader of the Boston firefighters’ union is stepping down from his local position at the end of the month and will seek to become president of the Professional Fire Fighters of Massachusetts, the state fire union.

Edward A. Kelly, 36, who over five years was a labor bulldog fighting unapologetically for the International Association of Fire Fighters Local 718, will leave Florian Hall and return to duty aboard Tower Ladder 17 on Columbus Avenue, he said in an interview.

‘‘I enjoyed being the president of the local and representing the firefighters of Boston,’’ Kelly, of Dorchester, said. ‘‘It was an honor and a privilege even in the tough times. But I’m a third-generation Boston firefighter, and all I every really wanted to do was just be a firefighter, and I had to give that up to be president.’’

Tower Ladder 17 is the busiest fire truck in Boston, according to Steve MacDonald, a Fire Department spokesman.

But Kelly may be even busier than the truck soon. Robert McCarthy, the 23-year president of the Professional Fire Fighters of Massachusetts, recently turned 65 and is not allowed to seek another term. He will step down in January, and Kelly said he will seek his post.

‘‘I’ve worked hard for Local 718, and now I want to work hard for the state,’’ he said. ‘‘I’ve devoted myself to working for firefighters in Boston, and now I plan to devote that energy to the firefighters throughout Massachusetts.’’

The vice president of Local 718, Rich Paris, will succeed Kelly. Paris inherits a 1,400-member union that recently won a multi-year arbitration agreement and a series of pay increases. Nick DiMarino, a former union president and current treasurer, will become vice president.

The arbitration award, which capped a four-year labor dispute, was Kelly’s toughest battle. The union fought with Mayor Thomas M. Menino over pay increases, benefits, and a new mandatory drug and alcohol testing policy. The arbiter’s award was then subject to scrutiny by the City Council in June.

The divisive labor war came to a close when the union, led by Kelly, and the City Council, led by President Michael P. Ross, agreed to a compromise where a particular pay raise for firefighters’ was reduced form 2.5 percent to 1.5 percent in return for agreeing to undergo drug and alcohol testing.

The argument over drug and alcohol testing came to the forefront in late 2007, after two firefighters died battling a West Roxbury restaurant blaze. Menino pressed efforts for testing and a bitter dispute with the firefighters union ensued after autopsy reports on firefighters Paul J. Cahill and Warren J. Payne showed Cahill had a blood-alcohol content of 0.27 and that Payne had traces of cocaine in his system.

‘‘The mayor respects Ed Kelly,’’ said Dot Joyce, Menino’s press secretary. ‘‘It’s a tough job that he had. He was a tough adversary.’’

Ross’s office did not return calls this afternoon seeking comment.

Boston Fire Commissioner Roderick Fraser, in an interview, said there were ‘‘no hard feelings’’ between Kelly and him throughout all the battles.

‘‘I wish Eddie the best of luck as he returns to his fire company,’’ Fraser said. ‘‘And congratulations to Rich Paris on becoming the new president of the union.’’

‘‘He did a great job for us over the last five years,’’ Paris said. ‘‘I have big shoes to fill, but I want to continue what Eddie started.’’

Kelly’s leadership was tested again in 2009 when union maintenance of fire trucks was questioned by the city after a January crash in Mission Hill killed fire Lieutenant Kevin Kelley.

But in March of this year, Suffolk District Attorney Daniel F. Conley and the Boston Police Department released a report that blamed Fire Department management and City Hall for a ‘‘loosey goosey’’ approach to fire truck maintenance and for having no preventative maintenance program leading up to the Mission Hill crash. The accident occurred when the truck’s brakes failed as it headed down a steep decline.

Reached by phone tonight, McCarthy, a 34-year Watertown firefighter who retired from the department as a captain in 2001, praised the man looking to succeed him.

‘‘I’ve worked with him on a daily basis for the last 16 months, and Ed Kelly is the total package,’’ McCarthy said. ‘‘He has that charisma and that unique ability. Bottom line: He is a leader.’’

John M. Guilfoil can be reached at jguilfoil@globe.com.

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Award for Most Unusual Pet Health Insurance Claim

Ellie Ate a Beehive

Award for Most Unusual Pet Health Insurance Claim

A Labrador named Ellie won an award for the most unusual pet health insurance claim from Veterinary Pet Insurance Co (VPI), reports Yahoo News. Ellie ate an entire beehive, including thousands of dead bees and the pesticides that killed them. The curious dog, now recovered, lives in southern California. Ellie has also eaten wooden toy train tracks and laptop computer keys! For her beehive efforts Ellie was presented with a bronze ham-shaped trophy, basket of toys and doggie treats. Other contenders for the top prize in the contest for the most unusual pet health insurance claim included a terrier that bit a chainsaw and a border collie that wanted the mail carrier so badly it ran through a window!

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Publix Receives FSC and SFI(R) Certification for In-house Printing Services

LAKELAND, Fla., Aug 30, 2010 (BUSINESS WIRE) –
Publix Super Markets’ in-house printing services department received
Forest Stewardship Council(R) (FSC) and Sustainable Forestry
Initiative(R) (SFI) certifications earlier this year. These
certifications demonstrate to internal and external customers that
Publix supports FSC or SFI forestry management practices and have
followed a rigid chain of custody process.

Prior to receiving the certifications, the company was audited by a
third-party provider and had to meet the following criteria:


Accurate identification of certified materials and products on inbound
and outbound shipments.


The ability to segregate and clearly identify certified from
non-certified inventory.


Efficient communication of certification numbers.


Documentation of procedures and training of associates.

“Publix has been committed to going green long before sustainability
went mainstream,” said Maria Brous, Publix director of media and
community relations. “During our review process, we discovered that 90
percent of the paper we use is certified as FSC or SFI, excluding our
pressure-sensitive label paper. This meant we were already doing the
right things and only had to make slight modifications to our current
processes. Now, we can further communicate our responsibility to our
customers and associates.”

FSC and SFI Chain of Custody certification is valid for five years.
Customers will begin to notice either an FSC or SFI logo on widely
circulated communications that meet certification guidelines, such as
the Publix weekly ad and direct marketing mail pieces.

To learn more about the company’s sustainable efforts or to view a copy
of Publix’s 2009 Corporate Sustainability Report, visit www.publix.com/sustainability.

Publix is privately owned and operated by its 142,000 employees, with
2009 sales of $24.3 billion. Currently Publix has 1,023 stores in
Florida, Georgia, South Carolina, Alabama and Tennessee. The company has
been named one of FORTUNE’s “100 Best Companies to Work For in America”
for 13 consecutive years. In addition, Publix’s dedication to superior
quality and customer service is recognized as tops in the grocery
business, most recently by an American Customer Satisfaction Index
survey. For more information, visit the company’s Web site, www.publix.com.

SOURCE: Publix Super Markets

Publix Super Markets
Maria Brous, 863-680-5339

Copyright Business Wire 2010

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Mortgage rates hit another all-time record low this week.

Mortgage rates hit another all-time record low this week.

Rates on 30-year, fixed-rate home loans averaged 4.32 percent with an average 0.7 point this week, down from 4.36 percent last week, according to mortgage giant Freddie Mac. It is the lowest rate for 30-year, fixed-rate mortgages since Freddie Mac began tracking them in 1971.

Rates on 15-year fixed-rate home loans averaged 3.83 percent with an average 0.6 point, down from 3.86 percent a week ago. The rates were lowest since Freddie Mac began tracking them in 1991.

In the Northeast, which includes Connecticut, 30-year, fixed-rate home loans averaged 4.36 percent, with 0.6 point, down slightly from 4.37 percent a week ago. Rates on 15-year-fixed rate residential mortgages in the region averaged 3.87 percent, with 0.6 point, up from 3,72 a week ago.

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