Unions sue over pension changes
Police, firefighters call overhaul illegal; Say it discriminates against disabled
Police and firefighter unions filed twin class-action lawsuits against the state yesterday, arguing that a new law designed to curb pension abuse illegally strips them of benefits guaranteed by the state constitution and federal law.
The Boston Police Superior Officers Federation, Professional Fire Fighters of Massachusetts, and Boston Firefighters Union Local 718 - on behalf of public employees statewide - assert in a suit filed in US District Court that a provision in the new law amounts to breach of contract. The law, they argue, unfairly reduces retiree benefits by limiting what kinds of compensation count toward their pension.
Under the new rules, public employees can no longer use additional pay - such as educational stipends, uniform allowances, and the value of unused vacation and personal days - in their pension calculation. Most public employees, lawyers for the unions say, use such extras to raise their base pay substantially, which in turn boosts their retirement checks.
A second suit, filed in Suffolk Superior Court by the Superior Officers Federation and the Professional Fire Fighters of Massachusetts, challenges a new calculation of benefits for police officers and firefighters who are injured on the job, contending that the new law discriminates against disabled workers by treating them differently than other workers.
With the new pension law, disability benefits will be based on workers’ salaries for the year prior to when they became disabled, not the year prior to their retirement. It can take months, even years, for retirement boards to approve disability pension requests. In the meantime, employees out on injury leave are entitled to pay raises and cost-of-living increases. In the past, those pay increases would boost a worker’s disability pension by thousands of dollars a year, union lawyers said.
Together, the two lawsuits represent a direct challenge to efforts at cracking down on pension abuse and excesses by some public employees, which have been highlighted by a series of stories in the Globe. If the suits are successful, public workers could see their old benefit levels restored and taxpayers could be forced to pay damages.
Andrea Estes can be reached at estes@globe.com.
How about we just cut out the pensions completely, like most private companies. If they don't like it, they can find new jobs.
Imagine that, people on the public dole might not get to pad their pensions! Imagine this - most people I know don't have pensions and have their 401K's suspended until further notice.
But no, the legislators and public employees would rather go to court (another cost to taxpayers to litigate) and incur legal fees on both sides just to prove a point. Shameless.
The more they cry poor, the less anyone who isn't on the state dole cares for what might be other legitimate concerns.
Here's hoping the judiciary sits this one out.