Judge Calls 3% School Pay Cut Unconstitutional

Article Copied From: WLNS
A judge has rules that a state law taking 3% of public school salaries to help pay for health care is unconstitutional.

In three separate cases, school employees challenged a 2010 law that took 3% of the salary of current school employees to help pay for health care benefits for retirees.

Former Circuit Court Judge James Giddings ruled that the law violated the state and federal constitutions because it took their property (their salaries) without due process of law - and that they were paying for health care they might never receive.

Since there's no guarantee that current and retired teachers will get that health care, Giddings called the law "arbitrary and unreasonable."

Teacher groups were quick to celebrate.

"We were gratified to see that the judge completely concurred with our argument in finding this action by the Legislature ‘quintessentially arbitrary and unreasonable,'" said David Hecker, the president of American Federation of Teachers Michigan in press release. "Current employees should not have to pay this assessment without any assurance that they will receive health care when they retire."

"We're pleased to see this decision come down on the side of public school employees and their families," said Michigan Education Association President Iris Salters in another release. "We would be disappointed if the state chooses to appeal this ruling, but if they do, we will continue to fight not only this case, but all attacks on public education, school employees, students and the middle class at large."

Giddings rejected arguments by the Michigan's Attorney General calling the harm to school employees "hypothetical" - since they had yet to retire.

A spokeswoman for Attorney General Bill Schuette tells The Associated Press that a decision hasn't been made on whether to appeal Giddings' ruling.

Another judge in February ruled unconstitutional a similar 3 percent salary provision for state employees.