Eleven union members filed a constitutional challenge Monday to a new law that will require government workers to contribute 3 percent of their paychecks to the state pension system.
The lawsuit, spearheaded by the Florida Education Association (FEA), argues that the measure (SB 2100) violates the contractual rights of current workers and also violates collective-bargaining rights.
The 3 percent contributions will take effect July 1.
FEA attorney Ron Meyer said the challenge asks that the money be set aside and returned with interest to workers if the lawsuit is successful.
“We believe that a promise is a promise, and the state of Florida should abide by the promises it makes,” FEA President Andy Ford said during a conference call with reporters.
Requiring employee contributions to the pension system has been a top priority for Gov. Rick Scott and other Republican leaders. Among other things, they argue that government-employee benefits should more closely resemble private-sector benefits.
Also Monday, the union that represents many police and corrections officers filed to intervene on the side of the teachers in the lawsuit.
In reacting to the news of the lawsuit, House Democratic Leader, Ron Saunders (D-Key West) said he supported the move and observed that the House Democratic Caucus members had fought to prevent Scott and the Legislature from balancing the state budget on the back of public servants.
“I applaud the Florida Education Association for bringing a legal challenge to stop the 3-percent income tax on teachers, school employees, police officers, firefighters, and other workers that has been imposed by Republican legislative leaders and Governor Scott”, Saunders said in a statement.
Saunders added, “Florida House Democratic Caucus members fought this unconstitutional attempt to balance the state budget on the backs of our public servants. I am pleased to see the FEA continue the fight against this mandatory personal income tax.”
