NM court to hear case over educator pension cuts

National News

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.

Related listings

  • Custody dispute goes to Okla. Supreme Court

    Custody dispute goes to Okla. Supreme Court

    National News 09/03/2013

    An Oklahoma man who is seeking custody of his Cherokee daughter has appealed a lower court decision to the Oklahoma Supreme Court. Dusten Brown filed a writ of prohibition Friday in Oklahoma Supreme Court. The filing is appealing a decision from Nowa...

  • Ind. high court to hear eminent domain lawsuit

    Ind. high court to hear eminent domain lawsuit

    National News 08/29/2013

    The Indiana Supreme Court has agreed to hear an eminent domain case involving land in southern Indiana that a local board claimed for a planned airport runway expansion. The state's high court recently vacated the Indiana Court of Appeals' ruling in ...

  • Ore. appeals court reverses sex abuse conviction

    Ore. appeals court reverses sex abuse conviction

    National News 08/12/2013

    The Oregon Court of Appeals has overturned the conviction of a man found guilty of sodomy and sex abuse after it ruled a lower court erroneously allowed a previous victim of his to testify. Prosecutors said the previous conviction was necessary to sh...

Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.

Business News

West Hartford, Connecticut Special Education Lawyer Forte Law Group focuses on special education law and empowering parents to advocate for their child’s rights. >> read