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Friday, July 17, 2009

Public employees ready to sue state over pensions

Robert Cook reports in Foster's on the latest lawsuit facing the state budget:

According to the New Hampshire Local Government Center in Concord, the New Hampshire Municipal Association, the New Hampshire Association of Counties and the New Hampshire School Boards Association believe the state is in violation of Part 1, Article 28-a of the State Constitution, which was adopted by the voters in 1984.

Here is the complete text of Article 28-A

Mandated Programs. The state shall not mandate or assign any new, expanded or modified programs or responsibilities to any political subdivision in such a way as to necessitate additional local expenditures by the political subdivision unless such programs or responsibilities are fully funded by the state or unless such programs or responsibilities are approved for funding by a vote of the local legislative body of the political subdivision.

The key questtion is whether the state's decision to pay a smaller share of local pension benefits is really just a mandate for cities and towns to pay a higher share.

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