The Florida Education Association, the state's largest teachers' union, filed a lawsuit Monday to prevent the 3 percent salary contribution from state workers that lawmakers passed and Gov. Rick Scott signed into law last month.
FEA officials claim the new contribution requirements for current workers under contracts violates the state Constitution, but Scott and conservatives in the Legislature say they are on firm legal and constitutional ground.
It is essentially an income tax levied only on workers belonging to the Florida Retirement System. Its unfair -- and it breaks promises made to these employees when they chose to work to improve our state, said FEA President Andy Ford.
Scott defended the pension contributions as common sense and said the law will withstand the legal challenge.
Asking state employees to pay a small percentage into their pensions is common sense. Floridians who dont work in government are required to pay into their own retirement. This is about fairness for those who dont have government jobs. Plus, we are ensuring a pension will be there for employees when they retire. Im confident this law is good for the people of Florida and will stand up in court, Scott said.
The Florida Retirement System currently has 655,000 active members, about half of whom are school district employees. The FRS is funded at 87 percent of its liabilities. Lawmakers pushing for pension reforms said the fund needs to be able to cover its potential outlays, but state workers and union members countered that the fund is one of the healthiest in the nation.
Sen. Don Gaetz, R-Niceville, pointed out that Florida is the only state in the nation that does not currently require employee contributions to their pensions, and the lawsuit should make Democratic lawmakers in other states nervous.
This lawsuit must cause some serious discomfiture in the Democratic Party, Gaetz said.
Shortly after the FEA filed the lawsuit, other unions like the Florida Police Benevolent Association and the Florida Public Services Union, a part of the national Service Employees International Union, signed up as interveners.
Mondays suit could be the first of many filed by the FEA, which also has its sights set on pulling back legislation aimed at easing class size requirements and new laws designed to increase the use of vouchers in Florida.
But the biggest bone of contention the FEA has is with the merit pay law, the first law Scott signed since taking office. The new law ties teacher pay to student performance and eliminates tenure for teachers hired on or after July 1. The FEA and other teachers' unions in the state lobbied heavily against a similar bill in 2010, and won then-Gov. Charlie Crists veto.
The FEA is waiting until the provisions of the new law take effect before filing a suit against the merit pay law. FEA general counsel Ron Meyer said a lawsuit would likely be filed sometime in August.
Thats still on the table, Meyer said about the prospect of a merit pay lawsuit. Its a little less urgent than the retirement (pension reform lawsuit) which starts in a few weeks, he added. The new pension reforms are slated to take effect July 1.
Reach Gray Rohrer at grohrer@sunshinestatenews.com or at (850) 727-0859.
