From Deseret News archives:
State says sick-leave policy not in contract
"At its core, plaintiff's appeal is a sympathetic and emotional one," the state argues in its brief filed with the high court Thursday. "They do not agree with the decision of the Legislature to modify the terms of the program, and they ask this court to substitute its judgment for legislative policy under the rubric of a takings claim." The state argues that the Utah Public Employees Association can't claim that changing how sick leave is used upon retirement violates a contract when no contract exists.
"No matter how sympathetic an employee's unilateral expectation is that the same benefits will be available when he retires, no amount of emotional appeal can transmute that expectation into a legal right," the state argues.
The brief responds to claims by the UPEA and five state workers that HB213, which was passed as a cost-saving measure by the 2005 Legislature, represents an unconstitutional "taking" of employee property.
UPEA challenged the change in district court and lost, but it won an emergency stay from the Utah Supreme Court for the law's Jan. 1, 2006 enactment date.
The state argues in its latest legal document that putting the first quarter of accumulated sick leave into the 401(k) "is an important and beneficial change" because it "eliminates the potential constructive tax liabilities created by the existing program."
The state also argues that the law now lets workers potentially buy the same amount of health insurance without a potential tax liability, especially those who retire after age 60 who under the new law may end up with more health insurance than under the past program.
Both sides agree that the law was passed to save the state money.
The state notes in its brief that the Legislature became concerned with mushrooming health insurance costs for retirees which went from about $8.8 million in fiscal year 2001 to $15.8 million in fiscal year 2005.
Oral arguments in the case before the Utah Supreme Court will be Tuesday.
E-mail: lindat@desnews.com
Comments
- KSL: Purses dirtier than bathrooms 9:41 a.m.
- Brazil wins volleyball championship 9:23 a.m.
- Action to be taken in soccer scandal 9:23 a.m.
- No charges against Tennessee safety 9:21 a.m.
- 4 U.S. die in Afghan attacks 9:21 a.m.
- NFL shifts in handling concussions 9:20 a.m.
- October home sales rise 10.1% 9:20 a.m.
- Phelps looking ahead to better times 9:19 a.m.
- W. Kentucky hires new football coach 9:18 a.m.
- Grand Targhee ice climbing park 9:13 a.m.
- Buttars wants to limit gay rights laws
206 - Glenn Beck to enter politics?
198 - Palin plans tour stop in Utah
178 - RSL wins MLS Cup on penalty kicks
161 - BYU records with win
130 - Palin's book shows she's unqualified
129 - Officer cleared in Cardall Taser case
103 - BYU cuts Women's Research Inst.
101 - Jazz finally win in San Antonio
99 - Utes knock off rival Aggies
93
A little after midnight Wednesday morning, about 21 hours ago as I write...
If we had another Ronald Reagan, our nation would be doomed to disaster. We...
I love the "speed kills" comments from Utah fans. It does doesn't it?...
Orange slices and Capri-Suns for all!!!!!!!!!!
re: Real football is King | 8:38 a.m. Nov. 23, 2009 And in other news...
Every religion is false, so why should we listen to any of them?
I agree with George Will on one point, and one point only -- big money is...
What a great opportunity to remember Jesus and His birth as well as the many...
I am a big fan of Stephenie Meyer. I saw it on Saturday afternoon with 17...
Notice now conservative propagandist have framed this as stand against Obama....
Everybody talking like they have more prejudice than brains. BSU, UTAH, and...



You can be the first to comment on this story.