COLUMBIA - The state Supreme Court spent more than an hour Thursday
hearing arguments about a new state law that requires payroll retirement
contributions from state retirees who return to work under a special
incentive program.
The Legislature had ordered those deductions to begin as it tried to
put the state's pension plan on firmer financial footing. The $50 million
in deductions from Teacher and Employee Retirement Incentive participants
and other retirees back on state payrolls would be linked with higher
employer contributions and other changes. The goal is to generate money
for retiree cost-of-living increases and address financial concerns
overhanging the pension system.
The contributions were supposed to begin in July, but four retirees
affected by the new deductions sued to keep the 6.5 percent deductions
from coming out of their checks. The Supreme Court took the case
immediately and made it a class-action covering all retirees back on state
payrolls and ordered the state to set aside the contributions. It affects
the 13,400 TERI employees and most of the other 8,600 retirees who have
returned to state jobs.
The justices appeared particularly interested in whether state law
creates contracts or other guarantees with the retirees.
Under TERI, state employees can retire after 28 years and return for up
to five years without contributing to the retirement system. The pension
benefits of TERI participants are set aside until they finally retire.
Dropping the 6.5 percent payroll deduction for the retirement system
attracted people to TERI, the retirees' lead lawyer said.
The program also amounted to a contract with those workers, Cam Lewis
said.
"The state says if you retire, if you agree to put your money in the
box and get no interest, we will let you work up to five years. ... And
you don't have to pay anything into the retirement system because your
benefits are frozen at that time," Lewis said.
Justice James E. Moore asked Lewis whether the Legislature could change
that. Lewis agreed it could, but only for people who had not decided to
retire and enter the incentive program. For current TERI participants, "it
is a right that the state can't take away," Lewis said.
The state, Lewis said, thinks that it is OK to take "a thousand dollars
out of your pocket" and promise to pay that back during the next 30 years.
"I just don't think our Constitution allows the government just to reach
in your pocket and take a thousand dollars" and say it will be given back
later.
It could be weeks before the court's decision, which could include
overturning parts of the law.