The Honorable Philip Hall, Plaintiffs/appellees/cross-Appellants v. Elected Officials’ Retirement Plan Et…

Summary

The court upheld summary judgment for employed retirement-plan members, holding that Senate Bill 1609’s revised permanent-benefit-increase formula violated the Pension Clause and that both the formula change and increased employee contribution rates unlawfully altered vested pension-contract terms. It also held that the members were entitled to attorney fees, prejudgment interest on liquidated amounts, and relief against the State because the State intervened and fully litigated as a defendant. Justice Cattani concurred separately regarding contribution rates, while Justice Bolick, joined by Justice Trebesch, dissented from the contribution-rate holding and would have remanded for consideration of contract defenses.