Have our constitutional rights been taken away?

From a concerned educator
March 15, 2007

In January 2007, the Senate unanimously passed John Kerry’s bill to deny pensions to dishonest lawmakers. The new law cannot take away already vested benefits.

Why????

Because “a retroactive law of that nature would be unconstitutional.” As I understand, this law cannot affect Congressmen already vested to receive their pensions or healthcare or whatever is already vested.

Please read this again so you will understand what is said here.

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The Ohio Constitution has the following clause Section 28, Article II.

“The General Assembly shall have no power to pass retroactive laws, or laws impairing the obligation of contracts.” (The Ohio Constitution)

“The Ohio Supreme Court has adopted the following definition of an unconstitutional retroactive law; “… [A]Statute which takes away or impairs vested rights acquired under existing laws, …” Rairden v Holden, 15 Ohio St 207, 210(1864)(Quoting Justice Storey in The Society v Wheeler, 2 Gall. 105 (1814)).

“A law is retroactive if it “takes away or impairs vested rights acquired under existing laws.”

Why is this important to you?

From 1976 until 1997 the Ohio Revised Code read:

“(A) Benefit recipients are eligible for health care benefits on the following basis:

(1) The state teachers retirement board hereby waives the single rate monthly conventional premium costs for retirants or other primary benefit recipients whose benefits are based on not less than one and one-half years of credit for Ohio service and who are enrolled in the Ohio retirement systems health care plan or such health maintenance organizations as the board may approve.”

What did the Ohio Revised Code say ????

I believe it says with 1 1/2 years of service you are vested for health care in your retirement years. It says STRS will provide us with this at no cost.

I believe that the Ohio Constitution guarantees this right because retroactive laws cannot be enacted to take away already vested rights.

I also believe that the Supreme Court has erred in its judgement; if it interprets it any other way. It needs to be corrected or challenged in court. I also believe that if the legislature passed this legislation; it is indeed unconstitutional and the legislature under Ohio law had no right to pass this legislation.

I believe it says with 1 1/2 years of credit for Ohio service and when you enroll in the health care plan, you will pay nothing. STRS will pay for you and your primary benefit recipients’ health care premiums.

In 1998 STRS went to the legislature and asked them to change this statute so retirants would pay part of the premiums. I believe they could enact it for new teachers without 1 1/2 years of credit, but not for those who were already vested. I believe enacting this retroactive law was unconstitutional.

What do you think?