Go Back   New Orleans Saints - blackandgold.com > Main > NOLA
Shop Horizontal

Legal analyis finds Jindal-backed state pension changes are likely unconstitutional

this is a discussion within the NOLA Community Forum; Via Louisiana Voice A legal analysis of Gov. Bobby Jindal's state employee pension overhauls, commissioned by the Louisiana Legislative Auditor, has found that, if passed, the bills are likely to be challenged in court, and that the challengers are likely ...

Closed Thread
 
LinkBack Thread Tools Display Modes
Old 03-30-2012, 02:30 PM   #1
Site Admin
 
Join Date: Mar 2007
Location: New Orleans
Posts: 6,276
Blog Entries: 2
Legal analyis finds Jindal-backed state pension changes are likely unconstitutional

Via Louisiana Voice

A legal analysis of Gov. Bobby Jindal's state employee pension overhauls, commissioned by the Louisiana Legislative Auditor, has found that, if passed, the bills are likely to be challenged in court, and that the challengers are likely to win.

From the report:
The challenges would most likely allege violations under: (1) Article X, 29 of the Louisiana Constitution, which protects public pension benefits, (2) the Contract Clause within both the Louisiana and U.S. Constitutions (claiming contract impairment due to diminished benefits); (3) the Takings Clause of both the Louisiana and U.S. Constitutions (for divesting public employee benefits without just compensation); (4) the Due Process Clauses of both the Louisiana Constitution'* and the Fifth Amendment to the U.S. Constitution (for depriving employees' of property rights without dueprocess); and (5) 42 U.S.C. 1983 against public officials for enforcing unconstitutional laws.
Tom Aswell of Louisiana Voice highlights this quote further down in the report:
The former notion that pension benefits were a voluntary gift from the employer (and thus subject to revision or termination at the employer's sole discretion) has since yielded to an understanding that pension benefits comprise an essential component of public employee compensation and that public employees have a significant contractual interest in these benefits.

Jindal's "reform" plan aims to increase retirement age to 67 from 55, raise employee contributions by three percent, change the formula now used to calculate retirement pay (lowering the pay in most cases) and merge the Louisiana School Employees' Retirement System with the Teachers' Retirement System of Louisiana.? [ Read more ]

[ Subscribe to the comments on this story ]
admin is offline  
Closed Thread

Thread Tools
Display Modes

Posting Rules


All times are GMT -5. The time now is 10:16 AM.


Copyright 1997 - 2013 - BlackandGold.com
no new posts