Judge: Pensions can’t be cut, but pay can

Judge: Pensions can’t be cut, but pay can

U.S. bankruptcy courtCalifornia still is a long way from resolving its pension crisis, in the courts and elsewhere. But here’s an important new development:

“SAN JOSE — In a landmark ruling that could help shape city budgets around the state, a judge invalidated key parts of San Jose’s voter-approved pension cuts but upheld other elements that could still save huge taxpayer costs.

“Santa Clara County Superior Court Judge Patricia Lucas’ tentative decision released Monday prohibits the city from forcing current employees to contribute significantly more toward their pensions, as called for in last year’s Measure B. But the ruling allows the city to cut employees’ salaries to offset its increasing pension costs.”

However, unlike San Bernardino, San Jose isn’t in bankruptcy court. Judge Lucas is a California judge, who must follow California law on pensions — or at least the common current interpretation that the California Constitution prevents cuts to pensions.

As Detroit’s bankruptcy has shown, federal bankruptcy judges are under no such constraints.


Tags assigned to this article:
DetroitJohn SeilerSan DiegoSan Jose

Related Articles

Taxes Don't Fix Obesity

Katy Grimes: Despite the stated goal, Assemblyman Bill Monning’s proposed soda tax is just another money grab. Just like the

Encouraging signs from Todd Spitzer

Steven Greenhut: Over the years, I’ve been pretty tough on Orange County Supervisor-elect Todd Spitzer because of his closeness to

Legislative swooning over CA coastal guru

April 9, 2012 By Katy Grimes In the California Assembly and Senate Monday, one would have thought that Franklin Delano