The Honorable Philip Hall, Plaintiffs/appellees/cross-Appellants v. Elected Officials’ Re — Cattani, J…

Summary

Justice Cattani concurred in the court’s analysis but separately concluded that increasing active EORP members’ statutory contribution rate violated the Pension Clause because the fixed rate was a protected pension benefit incorporated into their employment contracts. He reasoned that shifting more of the funding burden from the State to employees diminished the employer-funded value of their retirement benefit, regardless of whether the change would survive Contract Clause scrutiny. Justice Bolick, joined by Justice Trebesch, dissented in part, maintaining that contribution rates are not pension benefits and that the issue should be remanded for Contract Clause analysis.