UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of

THE COMMONWEALTH OF PUERTO RICO, et 

al.,

Debtors.1

PROMESA

Title III

No. 17 BK 3283-LTS

(Jointly Administered)

NOTICE OF CORRESPONDENCE REGARDING THREE HUNDRED THIRTYSEVENTH OMNIBUS OBJECTION (NON-SUBSTANTIVE) OF THE EMPLOYEES 

RETIREMENT SYSTEM OF THE GOVERNMENT OF THE COMMONWEALTH OF 

PUERTO RICO TO PROOF OF CLAIM NO. 3258

To the Honorable United States District Judge Laura Taylor Swain:

1. On June 18, 2021, the Employees Retirement System of the Government of the 

Commonwealth of Puerto Rico (“ERS” or the “Debtor”), by and through the Financial Oversight 

and Management Board for Puerto Rico (the “Oversight Board”), as the sole Title III representative 

of the Debtor pursuant to section 315(b) of the Puerto Rico Oversight, Management, and Economic 

Stability Act (“PROMESA”),2 filed the Three Hundred Thirty-Seventh Omnibus Objection (Non-

 1 The Debtors in these Title III Cases, along with each Debtor’s respective Title III case 

number and the last four (4) digits of each Debtor’s federal tax identification number, as applicable, 

are the (i) Commonwealth of Puerto Rico (the “Commonwealth”) (Bankruptcy Case No. 17 BK 

3283-LTS) (Last Four Digits of Federal Tax ID: 3481); (ii) Puerto Rico Sales Tax Financing 

Corporation (“COFINA”) (Bankruptcy Case No. 17 BK 3284-LTS) (Last Four Digits of Federal 

Tax ID: 8474); (iii) Puerto Rico Highways and Transportation Authority (“HTA”) (Bankruptcy 

Case No. 17 BK 3567-LTS) (Last Four Digits of Federal Tax ID: 3808); (iv) Employees 

Retirement System of the Government of the Commonwealth of Puerto Rico (“ERS”) (Bankruptcy 

Case No. 17 BK 3566-LTS) (Last Four Digits of Federal Tax ID: 9686); (v) Puerto Rico Electric 

Power Authority (“PREPA” and together with the Commonwealth, COFINA, HTA, and ERS, the 

“Debtors”) (Bankruptcy Case No. 17 BK 4780-LTS) (Last Four Digits of Federal Tax ID: 3747) 

(Title III case numbers are listed as Bankruptcy Case numbers due to software limitations).

2 PROMESA is codified at 48 U.S.C. §§ 2101-2241.

Case:17-03283-LTS Doc#:20001 Filed:02/02/22 Entered:02/02/22 18:19:35 Desc: Main

Document Page 1 of 4
2

Substantive) of the Employees Retirement System of the Government of the Commonwealth of 

Puerto Rico to Misclassified Claims [ECF No. 17081] (the “Three Hundred Thirty-Seventh

Omnibus Objection”) to various proofs of claim.

2. The Three Hundred Thirty-Seventh Omnibus Objection seeks to reclassify the 

pension-related proofs of claim listed on Exhibit A thereto (collectively, the “Claims to Be 

Reclassified”), which identify ERS as the obligor when they are properly asserted, if at all, against 

the Commonwealth of Puerto Rico (the “Commonwealth”). As explained in the Three Hundred 

Thirty-Seventh Omnibus Objection, pursuant to Joint Resolution 1883 and Act 106 (collectively, 

the “Legislation”), the Commonwealth assumed any obligation to make payments to pensioners 

or other beneficiaries of ERS. Accordingly, any claims asserting an entitlement to pension or 

other benefits by individuals previously participating in ERS properly lie against the 

Commonwealth.

3. ERS has received the attached correspondence from Maria R. Carrión Vega 

(“Carrion Vega”), copies of which are attached hereto as Exhibits “A” (the “First Carrión Vega 

Response”) and “B” (the “Second Carrión Vega Response,” and together with the First Carrión 

Vega Response, the “Carrión Vega Responses”), regarding Proof of Claim No. 3258 (the “Carrión 

Vega Claim”). Certified translations of the First Carrión Vega Response and the Second Carrión 

Vega Response are attached hereto as Exhibits “A-1” and “B-1,” respectively.

4. The Carrión Vega Claim asserts liabilities associated with allegedly accrued, but 

unpaid, wages arising from Carrión Vega’s employment with the Municipality of Bayamón’s court 

system, and related pension adjustments. Liabilities associated with unpaid wages purportedly 

 3 Capitalized terms used but not defined herein shall have the meanings ascribed to them in 

the Three Hundred Thirty-Seventh Omnibus Objection.

Case:17-03283-LTS Doc#:20001 Filed:02/02/22 Entered:02/02/22 18:19:35 Desc: Main

Document Page 2 of 4
3

owed by the Municipality of Bayamón’s court system would properly lie, if at all, with the 

Commonwealth, not ERS, because the Municipality of Bayamón is not part of ERS. Furthermore, 

as explained in the Three Hundred Thirty-Seventh Omnibus Objection, pursuant to the Legislation, 

pension-related claims are properly asserted, if at all, against the Commonwealth, not ERS, 

because the Commonwealth has assumed ERS’s obligation to make pension-related payments. 

5. The Carrión Vega Responses do not dispute that the liabilities asserted in the 

Carrión Vega Claim are properly asserted, if at all, against the Commonwealth. Rather, the First 

Carrión Vega Response, a Spanish-language letter received by Prime Clerk on November 2, 2021, 

states that, “[w]e paid for all those [pension] benefits that would have been granted to us once the 

30-year term of service was completed” and the “Romerazo Law was passed, and they still haven’t 

paid us [under that law].” First Carrión Vega Resp. at 1-2. Similarly, the Second Carrion Vega 

Response, a Spanish-language letter received by Prime Clerk on November 9, 2021, states, “[w]e 

are employees of the Bayamón Courts, who have been waiting for that payment since 1980.” 

Second Carrión Vega Resp. at 10. As explained, however, any liabilities associated with such 

allegedly accrued but unpaid wages and pension liabilities are not properly asserted against ERS.

Accordingly, the Court should reclassify the Carrión Vega Claim to be asserted against the 

Commonwealth, not ERS.

6. For the foregoing reasons, ERS respectfully requests that the Court sustain the 

Three Hundred Thirty-Seventh Omnibus Objection and reclassify the Carrión Vega Claim as a 

claim against the Commonwealth, notwithstanding the Carrión Vega Responses.

Case:17-03283-LTS Doc#:20001 Filed:02/02/22 Entered:02/02/22 18:19:35 Desc: Main

Document Page 3 of 4
4

Dated: February 2, 2022 Respectfully submitted,

San Juan, Puerto Rico

/s/ Hermann D. Bauer

Hermann D. Bauer

USDC No. 215205

Carla García Benítez

USDC No. 203708

O’NEILL & BORGES LLC

250 Muñoz Rivera Ave., Suite 800

San Juan, PR 00918-1813

Tel: (787) 764-8181

Fax: (787) 753-8944

/s/ Brian S. Rosen

Martin J. Bienenstock (pro hac vice)

Brian S. Rosen (pro hac vice)

PROSKAUER ROSE LLP

Eleven Times Square

New York, NY 10036

Tel: (212) 969-3000

Fax: (212) 969-2900

Attorneys for the Financial Oversight and 

Management Board as representative for the 

Employees Retirement System of the 

Government of the Commonwealth of Puerto 

Rico

Case:17-03283-LTS Doc#:20001 Filed:02/02/22 Entered:02/02/22 18:19:35 Desc: Main

Document Page 4 of 4