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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSo: Detroit Can Stiff Its Municipal Pensioners According to Today's NY Times....
....despite the fact that people worked for years (staying in dangerous and difficult jobs ) under the assumption that part of their pay was being deferred in the form of a guaranteed pension at retirement.
Federal Court says no to all that. ( GOP Judge, I'm .... totally....guessing. Looks like a preppie.)
So, tough luck for retired Detroit pensioners ( some of whom are quoted below). But what are the implications for public sectors in other locales? With this 5-4 wingnut majority on SCOTUS, is it therefore inevitable that we're *all* going back to work in our 70s and 80s?
It would kill me, quite literally, but I'm thinking I'd rather be dead anyway. And will they even have to hire us back?
>>>>DETROIT In a ruling that could reverberate far beyond Detroit, a federal judge held on Tuesday that this battered city could formally enter bankruptcy and asserted that Detroits obligation to pay pensions in full was not untouchable.
The judge, Steven W. Rhodes, dealt a major blow to the widely held belief that state laws preserve public pensions, and his ruling is likely to resonate in Chicago, Los Angeles, Philadelphia and many other American cities where the rising cost of pensions has been crowding out spending for public schools, police departments and other services.
The judge made it clear that public employee pensions were not protected in a federal Chapter 9 bankruptcy, even though the Michigan Constitution expressly protects them. Pension benefits are a contractual right and are not entitled to any heightened protection in a municipal bankruptcy, he said.
James E. Spiotto, a lawyer with the firm Chapman & Cutler in Chicago who specializes in municipal bankruptcy and was not involved in the case, said: No bankruptcy court had ruled that before. It will be instructive.
For people in Detroit, the birthplace of the Motown sound and of the American auto industry, Judge Rhodess decision that the city qualified for bankruptcy amounted to one more miserable, if expected, assessment of its woeful circumstances. The city has lost hundreds of thousands of residents, the judge said, only a third of its ambulances function, and its Police Department closes less than 9 percent of cases.
This once proud and prosperous city cant pay its debts, said the judge, who sits in United States Bankruptcy Court for the Eastern District of Michigan. Its insolvent. Its eligible for bankruptcy. But it also has an opportunity for a fresh start.
The judge, Steven W. Rhodes, dealt a major blow to the widely held belief that state laws preserve public pensions, and his ruling is likely to resonate in Chicago, Los Angeles, Philadelphia and many other American cities where the rising cost of pensions has been crowding out spending for public schools, police departments and other services.
The judge made it clear that public employee pensions were not protected in a federal Chapter 9 bankruptcy, even though the Michigan Constitution expressly protects them. Pension benefits are a contractual right and are not entitled to any heightened protection in a municipal bankruptcy, he said.
James E. Spiotto, a lawyer with the firm Chapman & Cutler in Chicago who specializes in municipal bankruptcy and was not involved in the case, said: No bankruptcy court had ruled that before. It will be instructive.
For people in Detroit, the birthplace of the Motown sound and of the American auto industry, Judge Rhodess decision that the city qualified for bankruptcy amounted to one more miserable, if expected, assessment of its woeful circumstances. The city has lost hundreds of thousands of residents, the judge said, only a third of its ambulances function, and its Police Department closes less than 9 percent of cases.
This once proud and prosperous city cant pay its debts, said the judge, who sits in United States Bankruptcy Court for the Eastern District of Michigan. Its insolvent. Its eligible for bankruptcy. But it also has an opportunity for a fresh start.>>>>> rest: http://www.nytimes.com/2013/12/04/us/detroit-bankruptcy-ruling.html?hpw&rref=us&_r=0
senseandsensibility
(17,037 posts)and a dangerous precedent.
Skittles
(153,160 posts)to public workers: after they trash private pensions, they're coming after yours
Smarmie Doofus
(14,498 posts).... (Heritage, for example) were studying how to use the court system to allow cities and states to default.
beachbum bob
(10,437 posts)what are the options. Detroit IS BANKRUPT....
happyfunball
(80 posts)Pension funds never made sense.
They were only a way to pretend to be paying people more than they were actually being paid. There never was any real guarantee that the future payouts would ever happen.
The only solution is proper support for all retired workers through Social Security.