“Washington Education Association President Kim Mead denounced the decision to reduce educators’ pensions. ‘It’s not right for the Legislature to unilaterally cut retirement benefits it promised – and to take away what educators already earned,’ Mead said.
“WEA and other groups sued the state after the Legislature approved the cuts in 2007 and 2011. The Court’s first decision upholds the Legislature’s vote to eliminate gainsharing for WEA members in retirement Plans 1 and 3. The second decision upholds the elimination of uniform cost-of-living adjustments for current and future retired educators in Plan 1…
“Mead said the Legislature has balanced the state budget over the last seven years by slashing educator retirement benefits, underfunding health care and cutting teacher salaries. The cuts in educator compensation total billions of dollars – essentially a tax targeted solely at public school employees and other public workers.
“The Supreme Court’s McCleary decision said Washington must fund public education as the paramount duty of our state, and the Court has specifically stated that educator compensation is included.
“‘If we want to have good public schools and provide the quality education our students deserve, we must provide a compensation package that attracts and retains quality teachers and education support staff,’ Mead said. ‘It’s time for the Legislature to invest in its public school employees instead of asking them to sacrifice even more…’”
from WEA decries court decisions on pension cuts.
This report is also posted in Klonsky’s Blog.
Click on the "pension analyses" tab for an in-depth study of this common legislative theft.
P.S.
There are seven states that have their constitution as the
legal basis for protection of public pension rights under state laws. They are
Alaska, Arizona, Hawaii, Illinois, Louisiana, Michigan, and New York. The strongest constitutional language (which
includes past and future accrual protected) can be found in the state
constitutions of Alaska, Illinois, and New York.
As stated by Alicia H. Munnell, Director of the Center for
Retirement Research at Boston College (2012): “[Only] a handful of states
protect pensions under the contract theory. [They] have state constitutional
provisions that expressly prevent the state from amending the plan in any way
that would produce benefits lower than participants expected at the time of
employment. Illinois and New York have such a provision...” (State and Local
Pensions: What Now?). In Illinois, there are several antedated court
cases that have upheld the Illinois Constitution (Challenging Public Employees’ Earned
Constitutionally-Guaranteed Benefits).
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