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Legal Issues When a California Public Agency Attempts an Employee Benefits Reduction
Chang Ruthenberg & Long PC Link to more items from this source
[Guidance Overview]
May 6, 2009
Excerpt: Although seldom discussed, it is well settled in California that the terms and conditions of public employment applicable to retirement and certain other benefit rights cannot be destroyed without impairing a contractual obligation of the employer. This principle rests upon the 'contract clause' of the United States Constitution, which prohibits any state from passing a law 'impairing the obligation of contracts.' Under the contract clause, the seminal case law in this area provides that a 'state can no more impair, by legislation, the obligation of its own contracts, than it can impair the obligation of the contracts of individuals.'

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