From RH Jones, July 23, 2009
Subject: COLA threat & a Fw: In reply to your e-mail To all:
Our OH STRS COLA is the same as OPERS. The COLA is fixed at 3% and is not compounded. It is "grandfathered" by Constitutional law that "trumps" any Ohio statutes. That even includes cutting it down in 5-yrs. from this August, as the STRS board may be contemplating. If they cut it at that time, and cover it with a "smoke screen" until the statute of limitations runs out in a couple years, they may think we retirees will perhaps, have forgotten; I do not think so. If you do not agree with me, that there are, and will be, "smoke screens" to cut our benefits, why then would the Board wait until after Dr. Dennis Leone, the Retired Representative's, term on the Board ends on August 31st of this year, 2009? He has been the "lion roaring" for retired educators even before his 4-yr. board term started!
This benefit, and others, is protected by the Bill of Rights. I am no constitutional lawyer, but feel free to ask one; I think that I am correct. The West's Encyclopedia of American Law, edition 2, Copyright 2008, the Gate Corp, Inc., is the source of my information.
Without the "grandfather clause", African-Americans could still be fighting to get their right to vote.
By the way, according to today's Akron Beacon Journal reports: "...An Ohio Department of Insurance hearing on a dispute involving medical benefits for retired Akron firefighters and police officers has been rescheduled for this fall. ..." My thinking is: perhaps the Akron Public Schools violated this insurance law as well, when they promised us health care in our retirement -- even though it was at the expense of the OH STRS. Perhaps your school district promised you medical care, as well; therefore, perhaps your ORTA district will check with the Ohio Department of Insurance as Police/fire have here in Akron. It would be nice if my SummitCRTA would check with a lawyer. They certainly have the money to do so.
My opinions,
RHJones, retired Akron teacher & OH STRS Member
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