By Sascha Corder
http://stream.publicbroadcasting.net/production/mp3/wfsu/local-wfsu-991290.mp3
Tallahassee, FL – A new law requiring public employees to contribute a three-percent of their pay to their pension plans had its day in court Wednesday. As Sascha Cordner reports, some public employee unions claim the law is unconstitutional due to breach of contract, while the state argues the change to the pension system was within Florida law.
When Leon County Circuit Judge Jackie Fulford listened to arguments Wednesday, she actually disagreed with parts of the state's defense. Ron Meyer, a lawyer for the Florida Education Association, one of the plaintiffs in the lawsuit, says it was understandable:
"She can obviously see that public employees in this state have been contractually promised retirement benefits and that contract is protected by the constitution. That contract and that constitutional protection has been violated. I don't know what planet making a person pay for their retirement is considered a benefit and that's essentially the state's argument."
But, Doug Hinson, the lawyer representing the state, says the Legislature was not in violation of Florida law when they approved the three-percent contribution to public employees' retirement.
"They did no more than follow the rule that's been in place in Florida for 30 years and that rule is very clear that you can make prospective changes to the state employee pension plans, in fact this particular pension plan."
Governor Rick is listed as one of the defendants in the case because he is the head of the board that oversees the investments for the about 122-billion dollar Florida Retirement System. Judge Jackie Fulford did not say when she would make her decision.