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Unions
Legal Landscape on Pensions Gaining Clarity

Legal Landscape on Pensions Gaining Clarity

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The unions are arguing that the cuts amount to eliminating benefits that members, including retirees, have already earned. They made the same case in Colorado and Minnesota, where pension reform cut COLA levels. But judges ruled in both cases that COLAs were not protected by contractual language or constitutional provisions.

 

http://www.publicsectorinc.com/forum/2011/09/legal-landscape-on-pensions-gaining-clarity.html

 

The lawsuit filed by New Jersey unions yesterday challenging the state's pension and health care reform legislation was expected. Unions vowed back in June, when the measure was being debated and voted on, that they would ask the courts to block it if it became law. What is different, however, is that since then judges in two other states have ruled against unions who were challenging similar pension reforms. In particular, judges in other states have upheld a key element of pension reform that rests at the center of the Jersey legislation.

The Jersey bill, signed into law at the end of June, requires workers to contribute more to their pensions and health benefits and also suspends cost-of-living adjustments for retirees until the state's pension system regains its fiscal health. Those annual COLA payments are deceptively expensive. In a paper last year, Joshua Rauh and Robert Novy-Marx estimated that every one percent reduction in COLAs would reduce unfunded pension liabilities nationwide in state and local plans by nine percent. In Jersey, the savings are bigger. Rauh estimated that each percentage point cut in COLA payments would reduce unfunded liabilities by 16 percent, and Jersey's move to eliminate them could cut total liabilities by more than half. Rauh has estimated those liabilities at $120 billion.

The unions are arguing that the cuts amount to eliminating benefits that members, including retirees, have already earned. They made the same case in Colorado and Minnesota, where pension reform cut COLA levels. But judges ruled in both cases that COLAs were not protected by contractual language or constitutional provisions. In Minnesota, a judge observed that the state was not trying to raid the pension fund but was actually increasing its own payments into the fund, and that those payments in addition to the benefits cuts were designed to keep the system solvent. Jersey is doing the same thing. We shall see if a Jersey judge agrees.