July 11, 2014 03:50 PM UTC

Chief Justice (retired) New Hampshire Supreme Court: States Must Honor Public Pension Contracts.

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• by: PolDancer

"I grew up in a world where a deal was a deal.  If public retirement benefits are changed or withdrawn for employees already in the system, we will lose our ability to attract new employees to public jobs. Uncertainty is not our friend."

"Other states have addressed this concern by making changes prospectively; that is, only having them apply to employees who join the public work force after changes are adopted into law.  At least that puts people on notice and honors expectations."

"At the end of the day, I don't think it's fair or just to change the rules after the game begins.  New Hampshire is a special place where public commitments have meanings.  We should honor them."

"John Broderick Jr., a former chief justice of the New Hampshire Supreme Court, notes that the views expressed above are his own and not necessarily those of the University of New Hampshire Law School, where he serves as dean."

http://www.seacoastonline.com/articles/20140513-OPINION-405130358

Colorado PERA officials in written testimony to the Joint Budget Committee (December 16, 2009): “The General Assembly cannot decrease the COLA (absent actuarial necessity) because it is part of the contractual obligations that accrue under a pension plan protected under the Colorado Constitution Article II, Section 11 and the United States Constitution Article 1, Section 10 for vested contractual rights.”

http://www.kentlambert.com/Files/PERA_JBC_Hearing_Responses-12-16-2009_Final.pdf

Colorado Supreme Court, in Denver Police Pension and Relief Board, 1961:  When conditions are satisfied for retirement . . . . "at that time retirement pay becomes a vested right of which the person entitled thereto cannot be deprived; it has ripened into a full contractual obligation." "Whether it be in the field of sports or in the halls of the legislature it is not consonant with American traditions of fairness and justice to change the ground rules in the middle of the game."

Colorado Court of Appeal's Decision in Justus v. State (October 11, 2012): “We consider McPhail and Bills dispositive (indisputably bringing to a conclusion a legal controversy) of whether plaintiffs here have a contractual right to a particular COLA.”

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