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NM court to hear case over educator pension cuts
Topics |
2013/09/09 18:44
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New Mexico's highest court is mulling whether the state can cut cost-of-living increases for retired educators to help shore up the pension system's long-term finances.
The state Supreme Court is to hear from lawyers on Wednesday in a case brought by four retirees, who say the state Constitution protects their pensions from reductions like those required under a law enacted earlier this year.
The retirees contend the law gives them a "vested property right" in their retirement benefits and they are legally entitled to the cost-of-living adjustments previously promised, which would have been 2 percent this year without the change in law.
The attorney general's office and the Educational Retirement Board, in written arguments to the court, said the Constitution includes a provision that allows pensions to be modified to preserve the solvency of a retirement plan.
However, the retirees said in their lawsuit that provision only applies to retirement benefits before an employee works long enough to become vested in a pension system.
The Democratic-controlled Legislature and Republican Gov. Susana Martinez agreed on a package of pension changes this year to improve the solvency of the educational retirement program, which has a $6 billion gap between its assets and the benefits expected to be paid out in the future.
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Teen charged with killing principal in court
Law Firm News |
2013/09/04 02:37
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A Memphis teen charged with fatally stabbing his high school principal two years ago is scheduled to make a court appearance.
The lawyer for 18-year-old Eduardo Marmolejo said last month that he's optimistic the case against his client will be resolved at a hearing Tuesday.
Marmolejo was 16 when he was charged with first degree murder in the August 2011 stabbing of 49-year-old Suzette York, his principal at Memphis Junior Academy. A juvenile court judge decided in September 2011 that Marmolejo's case should be moved to adult court. The teen has pleaded not guilty.
Investigators say Marmolejo planned the killing for months. York's body was found in a pool of blood in a classroom.
Defense lawyer Leslie Ballin and prosecutors have been discussing a plea deal. |
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Minn. Supreme Court sides with HIV-positive man
Court Watch |
2013/08/27 06:49
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The Minnesota Supreme Court rejected a prosecutor's effort to reinstate the conviction of an HIV-positive man accused of passing the virus to another man, ruling Wednesday that the statute under which he was convicted was ambiguous.
Groups supporting gay rights said the ruling affirms the need for government to respect the personal and private decisions of consenting adults regarding sexual intimacy. The prosecutor contended the case was never a civil rights issue, but rather about protecting the public from people who know they're infected but practice unprotected sex anyway.
The high court affirmed a Court of Appeals decision that reversed the attempted first-degree assault conviction of Daniel James Rick, 32, of Minneapolis, who learned he was HIV positive in 2006. He had consensual sex several times starting in early 2009 with a man identified in court papers as D.B., who tested positive that October.
A jury acquitted Rick in 2011 under the first part of a Minnesota statute that applies to cases involving sex without first informing the other person that the defendant has a communicable disease. But it convicted him under another section that the Supreme Court ruled Wednesday applies only "to the donation or exchange for value of blood, sperm, organs, or tissue and therefore does not apply to acts of sexual conduct." |
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Court rejects changes to state workers' pensions
Court Issues |
2013/08/19 20:51
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The Michigan appeals court has struck down a 2011 law that required state workers choosing to stay in a pension plan to contribute 4 percent of their compensation toward the system.
In a 3-0 ruling released Wednesday, judges said that change and others are unconstitutional because only the state Civil Service Commission can change state employees' compensation — not lawmakers.
The decision affirms an Ingham County judge's ruling from 2012.
State workers hired before April 1997 qualify for a defined benefit pension plan. Those hired since then are in a 401(k)-style plan.
In 2011, Republican Gov. Rick Snyder and GOP lawmakers changed the law to make pension-eligible employees contribute 4 percent or switch to the 401(k) system.
State employee unions representing roughly 34,000 employees sued. |
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