Monday, March 04, 2019

Pensions in California

According to the Los Angeles Times:
The California Supreme Court made it clear Monday that state and local governments may reduce pension costs by repealing certain benefits without running afoul of constitutional protections for public pensions.

In a unanimous decision written by Chief Justice Tani-Cantil Sakauye, the court upheld California’s 2012 repeal of an “air time” benefit that allowed state workers to buy credits toward retirement service.

The decision was the court’s first in a series of pending pension disputes it has agreed to review.

Some legal analysts said the ruling suggested the court would strive to rule narrowly in future pension cases. Others contended the justices eventually would have to address how far state and local governments may go in reducing pension liabilities.

Public employers want the court to make it easier to cut pensions for current employees to tackle hundreds of billions of dollars in pension shortfalls.

Labor unions are fighting cutbacks, pointing to decades of court precedent that says California’s public pensions are contracts protected by the state Constitution...

For more than 60 years, California has adhered to a legal rule that guarantees workers the pensions that were in place the day they were hired.

Known as the “California Rule,” the protective legal doctrine has stymied state and local lawmakers wrestling with hundreds of billions of dollars in pension shortfalls.

The court declined to address the controversy over the rule, saying it was unnecessary to resolve the dispute...

Under current law, pensions are treated as contracts protected by the California Constitution. Monday’s decision did not alter that, but made it clear that a benefit that simply affects a pension may not be untouchable.
As the Instapundit often says: something that can't go on forever, won't.

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