Employment In Fl

Florida Educators Union Sues Over 3 Percent State Pension Requirement

The FEA, backed by other labor groups, said the Legislature’s decision last month to require workers to chip in 3 percent of their pay violates contractual and collective-bargaining rights.

The case, filed in Leon County Circuit Court, is a class-action lawsuit filed on behalf of 556,296 people, including state employees, teachers and police officers. The Florida Police Benevolent Association, which represents police and correctional officers, quickly sought to formally intervene in the case.

FEA President Andy Ford said the state “should abide by the promises it makes” to employees, who have not been required to contribute to the retirement system since the 1970s. The case has 11 named plaintiffs from across the state.

“It is essentially an income tax levied only on the workers belonging to the Florida Retirement System,” Ford said during a conference call with reporters.

But Gov. Rick Scott, who signed the changes into law May 26, issued a statement saying he is “confident this law is good for the people of Florida and will stand up in court.”

“Asking state employees to pay a small percentage into their pensions is common sense,” Scott said. “Floridians who don’t work in government are required to pay into their own retirement. This is about fairness for those who don’t have government jobs. Plus, we are ensuring a pension will be there for state employees when they retire.”

State Rep. Will Weatherford, R-Wesley Chapel, and Sen. Don Gaetz, R-Niceville, also contrasted Florida with other states that already require employee contributions.

“I think it’s legal, I think it’s practical and, frankly, I think it’s realistic given the times we live in today,” said Weatherford, who is expected to become House speaker after the 2012 elections. Gaetz is expected to become Senate president.

The contribution requirement is slated to take effect July 1. FEA attorney Ron Meyer said the lawsuit seeks to require the state to set aside the money collected and return it with interest to workers if the challenge is successful.

That means, however, employees will see at least temporary reductions in their paychecks in the coming weeks.

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