Florida Police Benevolent Association Joins Pension Lawsuit; Rick Scott Doesn't Budge

Categories: Politics
Apparently everyone wants a chance to sue Rick Scott.

The Florida Police Benevolent Association filed a third-party intervention today to join 11 others in state government to sue Gov. Scott and several other state department heads over the new law mandating that 3 percent of salaries for employees enrolled in the Florida Retirement System count as "contributions" to their retirement benefits.

Originally filed by the Florida Education Association, the lawsuit alleges that the mandatory contributions -- essentially a 3 percent pay cut to state employees -- violates the state constitution, which has mandated that the retirement system remain noncontributory since July 1, 1974.

For those keeping score at home, this is the second time this month a chapter of the Police Benevolent Association has bucked the governor, since the Broward PBA announced its "Party to Leave the Party" a couple of weeks back.

Now with all the buzz surrounding the lawsuit and more hopping onboard, Gov. Scott remains unfazed.

"The participation by people in their pension plan makes all the sense in the world," Scott told TampaBay.com. "It's what's fair to the private sector. Very few private-sector employees have a pension plan that is 100 percent. It's the right thing to do for our state."

In response to a question about the unconstitutionality of the new law, Scott said: "No, no. It's the right thing to do for the state."

If it's the right thing to do for the state, then the FEA lawsuit alleges that Scott advocates lying to state employees -- aside from the possibly unconstitutionality of the law, employees entered into a contract with their pension plan that didn't require mandatory contributions.

"It is essentially an income tax levied only on workers belonging to the Florida Retirement System," Florida Education Association President Andy Ford said this morning. "It's unfair -- and it breaks promises made to these employees when they chose to work to improve our state."

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A simplified employee pension plan is a type of retirement plan that can be set up by an employer. This type of retirement plan is easier to setup than other qualified retirement plans.

Keeping it Real
Keeping it Real

Since the Governor has made running the state private sector = FRS employees then where the pay increases, bonuses and gifts that are received by the private sector?  Either you want it to be equal or just look out for your specific group of friends.  What about the employees that passed up other opportunities because they were mislead into believing the retirement that they were guaranteed to receive after so many years of service.  FRS employees do contribute to their retirement with at least 25 to 30 years of service with minimal incentives.  Nothing ever stopped a private sector employee from being a government employee!!!!! Everyone knows that private sector gets their pay and benefits up front and FRS employees get their benefits after many years of service.  The Governor's lack of experience is showing in his minimal ability to compare apples to apples and oranges to oranges.


The more interesting aspect of this story is how Broward Schoolboard is attempting to screw teachers who chose to be paid with checks all year, rather than getting all of their pay during the school year.

All teachers earn their yearly pay during the regular school year. Teachers who chose pay year around take all of their EARNED pay in smaller checks distributed over the entire year.

The Board decided it would apply the 3% contribution to 3 paychecks for money EARNED before the July 1 deadline, but which the Board actually DISBURSES after the deadline.

The worse part is that the Board sent out several conflicting positions in an attempt to confuse everyone, which is business as usual for those jokers.

In fact, a memorandum which states the Board would only apply the tax to only 1 of the 3 checks disappeared from the Board website only hours after it was posted. The new one confirmed the Board's decision to apply the tax to all 3 checks for the teachers whom receive year around pay.

Meanwhile, all the funds the year around teachers do not receive up front sits in an interest bearing account for the Board....


The governor and the legislators are screwing public education, public safety and medical care for our seniors in this state.. Our children need the education to thrive and succeed in our nation.. People in our nation has loss the common sense of health carere such as visiting the nearest emergency room for splinters on their finger, calling public safety for a little cut on their finger instead of fix the problem.. Emergency rooms and public safety systems are for true emergency such gunshot & stabbing  wounds,heart attacks,stroke, cardiac arrest.. no one gets in the emergency room until they are triage by hospital staff so you think riding in an ambulance will get you in the ER faster,Not!!    The parents of this nation need to take responsible for their kids action, not society! Don't blame anyone for your problems and kids in this nation!! If you want a job get out there and look for it.  Be a good worker and give 110% effort, not the whinny ones and believes everyone owes you a job!!  Gangs/drugs/criminals are killing our ethic populations through our nation, We need to fight back for our kids and ethic groups of our nation. Our Seniors need to have social security and medicare since they have invested their money and time for this plan, our government needs to stop incentitves to other governements and other programs that don't help this nation.. We need to stop reducing cola's for our seniors for them to survived.. Have a nice day and think about solving our problems, not creating unemployment!!!


A tax never comes back.  Contributing to a pension fund is still yours, just not right now.  Spare me the whining.  If you don't like the terms of your job, get another one.  You would think that cops would have a set.


Well let's keep it really REAL - our governor was at the helm of the largest health care scam in history...

I heard on the radio the other day that this guy is so rich he actually already has a SECOND ROOF for his mansion, in storage, so there will be no delays in replacing it, if it is destroyed in a hurricane.

Do you think this guy gives two shits about the FRS issue?

Bringing this back to local government, why is the Broward School Board making completely arbitrary decisions regarding which checks of these poor teachers it will tax?

If the Board first stated it will only tax 1 of 3 checks, or even 2 of 3 checks, doesn't that demonstrate the decision was DISCRETIONARY and not one mandated by the July 1, 2011 law and deadline? 

I wish I could determine whether the Board will save and/or make money by screwing thousands of teachers out of 3% of 3 paychecks....


If the State agrees to pay an employees 3 % Retirement and then changes that to require that employee to pay that 3 % it is stupid to say that the employee ever gets that money back.  The employee was paying 0 % of their salary x the number of years they work and receiving retirement.  The employee must now pay 3 % of their salary x number of years that employee works and receive the same the retirement.   The employee is therefore out 3 % of his total earnings while working for the State of Florida.  The State pockets 3 % of the total earnings of every State employee in the State.   


I don’t mind the terms of my job I mind them being changed. It’snot like the 3% was there and we are just trying to get it removed.

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