FL Public Workers File Suit Over Pension Changes
(Posted June 21, 2011 12:50 am)
TALLAHASSEE, FL - The Florida Education Association (FEA) has filed a lawsuit in Circuit Court in Tallahassee seeking to stop the effective 3 percent pay cut for teachers, school employees and other state workers imposed by the Florida Legislature and signed by Gov. Rick Scott. The suit asserts that the legislation is unconstitutional because of the requirement that 3 percent of the salaries of active members of the Florida Retirement System be used as mandatory contributions toward their retirement benefits.
FEA President Andy Ford says members of the Florida
AFL-CIO have joined the class action suit.
"Just because the CEOs of the country are able to change
the retirement benefits of their workers, in order for
them to receive huge salary increases, doesn't make it
right for the government to do the same thing to its
public employees."
Ford contends that Florida entered into a binding
contract with state workers in 1974 that included
setting pension benefits. He says the State may change
the contribution rules for new employees, but the
agreement with present state workers is binding under
the state Constitution.
The lawsuit names Governor Rick Scott, his Chief
Financial Officer Jeff Atwater, Attorney General Pam
Bondi, and the Department of Management Services. They
have claimed the retirement contributions will reduce
the state's budget deficit, but Ford says the
administration is out of touch with the average
middle-class Floridian.
"It's real easy when you are independently wealthy to
say a 3 percent cut is not going to hurt anybody. But a
3 percent cut to school employees, teachers, police
officers, firefighters, is a substantial amount of their
disposable income."
Plaintiffs are asking the Circuit Court to create a
special fund to hold the contested pension
contributions. If their lawsuit is successful, workers
would then have the 3 percent amounts returned to them
in a lump sum.
The Florida retirement system covers 655,000 active
state workers and 220,000 retirees.