Floridafs
changes to its public-employee pension system didnft violate government workersf
constitutional rights, the state Supreme Court ruled in a victory for Republican
Governor Rick
Scott.
Lawmakers properly moved to change future pension benefits and require
workers to contribute to their retirements to save $1 billion and help close a
budget shortfall, a divided court concluded in a 48-page ruling today.
Florida lawmakers backed Republican-led changes to the pension system to deal
with a $3.6 billion budget gap. They approved a measure requiring workers to
contribute 3 percent of their pay and eliminated the systemfs cost-of-living
adjustment for employees retiring after the law took effect.
Florida law doesnft bar lawmakers gfrom prospectively altering benefits for
future serviceh by state workers, the court ruled in a 4-3 decision.
The savings were shifted to the Florida Retirement System, which covers more
than 650,000 state employees, saving general fund money for use in other
programs. The change saved the state an estimated $1 billion for the 2011 budget
year and saved local governments $600 million.
gThe courtfs ruling today supports our efforts to lower the cost of living
for Florida families,h Scott said in an e-mailed statement. gThis means even
more businesses will locate and grow in our state.h
Salary Cut
Workers argued that the pension-reform measure amounted to an illegal salary
cut and a violation of collective-bargaining rights under existing union
contracts.
Eleven public employees covered by the $120 billion pension system sued Scott
and other Florida officials over the changes to their retirement plan. The employees include members of AFSCME
Florida, the Florida Police Benevolent Association and the Florida
Education Association.
Alma Gonzalez, an AFSCME attorney and
spokeswoman, didnft immediately return a call for comment today about the
pension ruling.
gBalancing the state budget on the backs of middle-class working families is
the wrong approach,h Andy Ford, president of the Florida Education Association,
said in a e-mailed statement. The group represents the statefs teachers. gWefre
disappointed that the statefs highest court said this approach was legal,h Ford
said.
Judgefs Order
Judge Jackie Fulford in Tallahassee concluded in
March that the pension-law changes violated the statefs agreements with
government employees and ordered contributions returned with interest.
The law amounted to an gunconstitutional taking of private property without
full compensation and an abridgment of the rights of public employees to
collectively bargain over conditions of employment,h Fulford ruled.
The majority of the statefs highest court concluded that Fulford erred in
finding that lawmakers didnft have the power under Floridafs Constitution to
change pension laws that apply to government workers.
The statefs pension law gdoes not create binding contract rights for existing
employees to future retirement benefits,hJustice Jorge Labarga wrote in the 22-page majority
decision.
Collective Bargaining
The judges also found that there was no evidence that changes to the pension
law meant that government workerfs rights to geffective collective bargaining
has been abridged or impaired.h
Three Florida Supreme Court justices dissented in the case, arguing that the
changes to pension law improperly altered existing contracts and should be
struck down.
The revisions gimpair vested contract rights, and such impairment is
substantial,h Justice R. Fred Lewis wrote in a 19-page dissent.
gAll public employees including teachers, first responders, deputies,
correctional officers, nurses and social workersh had their contract rights
violated by the pension changes, Lewis said.
The case is Scott v. Williams, SC122-520, Florida Supreme Court (Tallahassee).
To contact the reporters on this story: Jef Feeley in Wilmington, Delaware at
jfeeley@bloomberg.net; Christine Sexton in Tallahassee at
csexton11@bloomberg.net
To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net