Pensions in the United States

Public Pensions

In California, the state constitution protects public pension benefits, like other contracts, from impairment. (Cal. Const., Art. I, § 9.) Described succinctly by the state Supreme Court, “A public employee’s pension constitutes an element of compensation, and a vested contractual right to pension benefits accrues upon acceptance of employment.” (Betts v. Bd. of Admin., 21 Cal. 3d 859, 863 (1978) (citing Kern v. City of Long Beach, 29 Cal. 2d 848 (1947)).)

In the 2011 political milieu, however, the state constitution hasn’t stopped public entities from challenging existing employment contracts. Which brings us to the second skirmish. Three years ago the Orange County board of supervisors sued its deputy sheriffs and the county’s own pension fund, challenging the constitutionality of a particularly generous pension formula negotiated by a prior board. The suit was dismissed, and the county appealed.

On January 19, the Second District Court of Appeal heard oral arguments on whether the prior board had exceeded its debt authority without a two-thirds vote of the people, and whether it had illegally granted a benefit for past years of service. Just a week later, a unanimous panel affirmed the dismissal, concluding that “the past service portion of the enhanced retirement formula does not violate the Constitution.” Noting that the county had emphasized the “ruinous fiscal irresponsibility” of the prior board, the court noted, “Imprudence … is not unconstitutional.” (County of Orange v. Ass’n. of Orange County Deputy Sheriffs, 2011 WL 227711 at *8.)

Pensions. in 1899 (United States)

The following information about Pensions is from the Cyclopaedia of Political Science, Political Economy, and the Political History of the United States by the Best American and European Writers.

Pensions and the State Laws

Select from the list of U.S. States below for state-specific information on Pensions:

• Pensions in the Subject Index of the Alabama Portal
• Pensions in the Subject Index of the Alaska Portal
• Pensions in the Subject Index of the Arizona Portal
• Pensions in the Subject Index of the Arkansas Portal
• Pensions in the Subject Index of the California Portal
• Pensions in the Subject Index of the Colorado Portal
• Pensions in the Subject Index of the Connecticut Portal
• Pensions in the Subject Index of the Delaware Portal
• Pensions in the Subject Index of the Florida Portal
• Pensions in the Subject Index of the Georgia Portal
• Pensions in the Subject Index of the Hawaii Portal
• Pensions in the Subject Index of the Idaho Portal
• Pensions in the Subject Index of the Illinois Portal
• Pensions in the Subject Index of the Indiana Portal
• Pensions in the Subject Index of the Iowa Portal
• Pensions in the Subject Index of the Kansas Portal
• Pensions in the Subject Index of the Kentucky Portal
• Pensions in the Subject Index of the Louisiana Portal
• Pensions in the Subject Index of the Maine Portal
• Pensions in the Subject Index of the Maryland Portal
• Pensions in the Subject Index of the Massachusetts Portal
• Pensions in the Subject Index of the Michigan Portal
• Pensions in the Subject Index of the Minnesota Portal
• Pensions in the Subject Index of the Mississippi Portal
• Pensions in the Subject Index of the Missouri Portal
• Pensions in the Subject Index of the Montana Portal
• Pensions in the Subject Index of the Nebraska Portal
• Pensions in the Subject Index of the Nevada Portal
• Pensions in the Subject Index of the New Hampshire Portal
• Pensions in the Subject Index of the New Jersey Portal
• Pensions in the Subject Index of the New Mexico Portal
• Pensions in the Subject Index of the New York Portal
• Pensions in the Subject Index of the North Carolina Portal
• Pensions in the Subject Index of the North Dakota Portal
• Pensions in the Subject Index of the Ohio Portal
• Pensions in the Subject Index of the Oklahoma Portal
• Pensions in the Subject Index of the Oregon Portal
• Pensions in the Subject Index of the Pennsylvania Portal
• Pensions in the Subject Index of the Rhode Island Portal
• Pensions in the Subject Index of the South Carolina Portal
• Pensions in the Subject Index of the South Dakota Portal
• Pensions in the Subject Index of the Tennessee Portal
• Pensions in the Subject Index of the Texas Portal
• Pensions in the Subject Index of the Utah Portal
• Pensions in the Subject Index of the Vermont Portal
• Pensions in the Subject Index of the Virginia Portal
• Pensions in the Subject Index of the Washington Portal
• Pensions in the Subject Index of the West Virginia Portal
• Pensions in the Subject Index of the Wisconsin Portal
• Pensions in the Subject Index of the Wyoming Portal

Resources

See Also

Further Reading

• Information about Pensions in the Gale Encyclopedia of American Law.

PENSIONS. (See UNITED STATES PENSION LAWS, AND THE PENSION LAWS OF OTHER COUNTRIES.)

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