Asociacion Puertorriquena de Profesores Univ. v. University of Puerto Rico, No. 21-1690 (1st Cir. 2023)
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The First Circuit affirmed the judgment of the Title III court dismissing this adversary proceeding for lack of jurisdiction, holding that the district court properly dismissed the action.
The Financial Oversight and Management Board for Puerto Rico determined that the the University of Puerto Rico (UPR) Retirement System - the entity that administers the university's pension plan - was heading toward insolvency and therefore issued fiscal plans for UPR that, inter alia, identified the options UPR had for adjusting its continuing accrual of obligations to the Retirement System. Plaintiffs filed this adversary proceeding seeking to block any pension changes. The Title III court dismissed the complaint for lack of jurisdiction. The First Circuit affirmed, holding that the district court did not err in granting dismissal pursuant to Fed. R. Civ. P. 12(b)(1).
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