Judge Morvant Rules In Favor of RSEA
State District Judge William Movant agreed on Thursday, January 24, with RSEA that the Cash Balance Plan was not properly passed by lawmakers because it lacked a two-thirds vote in the 2012 legislative session. The measure received 68 votes in the House of Representatives, two votes shy of the required 70 votes. Judge Morvant ruled the law (Act 483 0f 2012) to be unconstitutionally passed. In a narrowly crafted decision, Judge Morvant did not rule on the merits of the Cash Balance Plan itself, but merely the procedure by which the law was enacted. The judge stated, "I know of no authority for the Legislature to receive the constitutionally-mandated note from the legislative actuary and say, Great, we got it, now we can ignore it."
While RSEA is declaring VICTORY at this time, the Governor's Office has already stated they would appeal the judge's ruling to the Louisiana Supreme Court. RSEA will keep you up-to-date on future developments.
Trial Date Set in RSEA Cash Balance Lawsuit
At the preliminary hearing held on December 3, District Judge William Morvant ruled the RSEA lawsuit can move forward to trial based on the merits of the suit. The Jindal administration had requested Judge Morvant dismiss the suit claiming that RSEA and individual plaintiffs did not have legal standing to file the suit. Judge Morvant disagreed and set the trial date for January 24, 2013. The trial is scheduled for 9:00 a.m., 19th Judicial District Court, 300 North Boulevard, Baton Rouge. RSEA members and interested parties are invited to join RSEA at the court hearing.
Hearing Set in RSEA Lawsuit Constitutionality of Act 483, the Cash Balance Plan.
A hearing has been set in Baton Rouge for 9:30 a.m. on December 3, 2012 before 19th Judicial District Judge William A. Morvant.
Click here for lawsuit details.
Constitutional Amendments No. 3 & No. 5 were approved by more than 60 percent of voters in the November 6 election.
Click here for details
LEGISLATIVE SESSION REPORTS
2013 Legislative Report
2012 Legislative Report
2011 Final Legislative Report
2010 Final Legislative Report