A Leon County circuit judge is expected to rule late Thursday about whether to order the state to put government-employee pension contributions into an escrow account during a pending legal battle.
A new law, which takes effect Friday, will force hundreds of thousands of state and local government workers to contribute 3 percent of their paychecks to the pension fund.
The Florida Education Association and other opponents have filed a class-action lawsuit challenging the constitutionality of the law. They also have asked for a temporary injunction requiring the state to set aside the money so that it can be refunded to workers if, ultimately, the lawsuit is successful.
Circuit Judge Jackie Fulford heard arguments Thursday about whether to issue the injunction but indicated it could be as late as midnight before she rules.
Blaine Winship, special counsel in the Attorney General’s Office, argued that there is no reason to set aside the money. He said the pension fund could send money back to workers if the law is found unconstitutional.
“There’s not any reason for these plaintiffs to be insecure,” Winship said.
FEA attorney Ron Meyer, however, said workers need a “pathway” to get the money back if the law is rejected. Meyer said he fears that the state Board of Administration, which runs the pension fund, would argue in the future that it can’t be forced to give the money back.
“That’s what we’re going to get, your honor,” Meyer said. “I can hear it now.”
Fulford also scheduled an Oct. 26 hearing on the broader questions about whether the law is constitutional. Attorneys say they expect the case to eventually be decided by the Florida Supreme Court.
