GRETNA – A former bus driver for the Jefferson Parish School Board claims that the state school retirement system has failed to reimburse him for funds that were improperly paid into the system.
Joyle Pertuit filed suit against The Louisiana School Employees Retirement System and The Jefferson Parish School Board in the 24th Judicial District Court on May 29.
Pertuit claims he was employed by the Jefferson Parish School Board a a bus driver for over 30 years during which time he made required contributions to the The Louisiana School Employees Retirement System program. The plaintiff alleges that near the end of his employment he was making a base salary of $29,800 plus $7,050 in operation expenses as well as $1.37 per mile driven.
Pertuit contends he was notified in 2007 that The Louisiana School Employees Retirement System had been improperly taking funds for his retirement from only his base pay when it should have been requiring him to submit part of his operational pay in which Jefferson Parish School Board included his per mile payments. However, on Jan. 15, 2008 the plaintiff asserts he was informed The Louisiana School Employees Retirement System had incorrectly withheld funds from his operational expenses and he should have received a refund.
During the time his income was improperly reported to The Louisiana School Employees Retirement System Pertuit claims he received $12,179.71 in operational and mileage reimbursement part of which was wrongfully taken from his pay to go towards his retirement fund. The plaintiff alleges that despite making numerous demands The Jefferson Parish School Board has failed to reimburse him for the funds improperly paid to The Louisiana School Employees Retirement System. In addition, Pertuit contends the overcharges were spread amongst other drivers employed by the Jefferson Parish School Board who were similarly affected as a class.
The defendant is accused of breach of fiduciary duty, negligence and breach of contract.
An unspecified amount in damages is sought for declaratory judgment and injunctive relief.
Pertuit is represented by James F. Willeford of New Orleans-based Willeford & Toledano.
The case has been assigned to Division L Judge Donald A. Rowan Jr.
Case no. 750-170.