[MoLiCo] Fw: Founder's Quote Daily
Thomas Jefferson's wisdom and vision are amazing. We ignore them to our own
peril.
Fred
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History by apprising [citizens] of the past will enable them to judge of the
future; it will avail them of the experience of other times and other nations;
it will qualify them as judges of the actions and designs of men; it will
enable them to know ambition under every disguise it may assume; and knowing
it, to defeat its views. --Thomas Jefferson, Notes on the State of Virginia,
Query 14, 1781
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[MoLiCo] Fwd: City of Springfield News Release - Attorney General's Office issues clarification on Police-Fire Pension COLA
This is part of a immense problem with legislation written, terms are not defined or they don't state they are using *industry standards* in the legislation either. Specificity (just for you Chris) is incredibly important. -- Forwarded message -- From: c...@springfieldmo.gov Date: Fri, Nov 12, 2010 at 5:32 PM Subject: City of Springfield News Release - Attorney General's Office issues clarification on Police-Fire Pension COLA To: t.ma...@gmail.com In a letter received this week, the Missouri Attorney General’s office has informed the City of Springfield that the City was within its rights to pay a cost of living adjustment (COLA) to its Police and Fire retirees for the current fiscal year. The City sought clarification on the COLA payments from a judge in June after requests for clarification from the Attorney General’s Office and the Missouri Joint Committee on Public Employee Retirement Systems did not resolve the City’s legal questions. At issue were seemingly conflicting city and state laws and legal opinions. City ordinances require the Pension Board to pay a three percent COLA increase annually to retirees beginning each new fiscal year (July 1). However, a state law passed in 2007 prohibits benefit increases if a public pension fund is not “actuarially sound.” This term is not defined in the state statute. Springfield’s Police/Fire Pension Fund is at an approximately 48 percent funding level. The City of Springfield has maintained that it is not only within its rights to pay the COLA, but required to do so, which is why the COLA increase was paid as scheduled beginning July 1. All 432 retirees and disability COLA recipients were named in the lawsuit because of a requirement that a person must be a party to a lawsuit in order to be bound by the court’s decision. This led some retirees to misperceive that they were being sued by the City when, in fact, they were not. While taxpayers, the City, and current Police/Fire employees have made several significant commitments during the past year to shore up the fund — including passage of a ¾-cent dedicated sales tax — concern remained about whether the COLA could be considered a benefit increase or a new benefit, and therefore be prohibited by state law. The Attorney General’s office cited the migration of all Tier II employees to the Missouri Local Government Employee Retirement System (LAGERS) and the closure of the City’s pension plan to new hires as reasons for its new analysis of the situation. Closing the Police-Fire Pension Plan to new hires was one of eight commitments City Council made to voters before the November 2009 pension sales tax referendum. Five of those are completed, and three are in progress. “We are very pleased to see this issue resolved. It’s another milepost on the road out of the pension cloud,” said City Manager Greg Burris. “Our intent in filing the suit was to go to bat for our retirees and eliminate any uncertainty about paying the COLA. We felt we could not take any chances given all we’ve been through with our pension plan these past few years, and especially after voters approved the sales tax last year.” For more information, contact: City Attorney Dan Wichmer, (417) 864-1558; or Mike Brothers, Department of Public Information, (417) 864-1119. -- no cause is lost if there is but one fool to fight for it ~Will Turner~ ~Pirate's of the Caribbean @ World's End~ None are more hopelessly enslaved than those who falsely believe they are free. ~Goethe www.moliberty.org http://417-political-pundit.blogspot.com The power to tax involves the power to destroy. ~Justice John Marshall~ Just because you do not take an interest in politics doesn't mean politics won't take an interest in you! -Pericles (430 B.C.) A legislative act contrary to the Constitution is not law. ~Justice John Marshall~ -- This is a Free Speech forum. The owner of this list assumes no responsibility for the intellectual or emotional maturity of its members. If you do not like what is being said here, filter it to trash, ignore it or leave. If you leave, learn how to do this for yourself. If you do not, you will be here forever.
