Can a State Take Away Promised Pension Benefits?
It has generally been accepted that accrued pension benefits promised by a state or local government cannot be reduced. That has certainly been the situation in California. Pension plans can be terminated going forward or scaled back going forward. The article excerpted below from the Wall Street Journal reports on legal tests in other states of this principle. The recent UC Post-Employment Benefits (PEB) Task Force report suggests reduced benefits for new hires (and for existing employees who choose to go into a reduced two-tier plan). It does not contemplate takeaways from retirees or from accrued benefits of current employees….