We’re going to the Colorado Supreme Court! Today the Court granted the writ of certiorari for the most important issues raised in the lawsuit against Colorado and PERA. At this time, we do not have any more details than what is presented below on the Court’s website. Only 3 of 43 petitions were granted by the court today. Below is the announcement. Find the original set of announcements at http://www.courts.state.co.us/Courts/Supreme_Court/Case_Announcements/Files/2013/8C16A3AUG.5.13.pdf We are on page 9.
MONDAY, AUGUST 5, 2013 ——————————————————————————————————————-
Court of Appeals Case No. 11CA1507
Gary R. Justus; Kathleen Hopkins; Eugene Halaas, Jr.; and Robert P. Laird, Jr., on behalf of themselves and those similarly situated,
The State of Colorado; Governor John Hickenlooper, in his official capacity;
Colorado Public Employees’ Retirement Association; Carole Wright, in her official capacity; and Maryann Motza, in her official capacity.
Petition and Cross-Petition for Writ of Certiorari GRANTED. EN BANC.
JUSTICE EID and JUSTICE MÁRQUEZ do not participate.
Summary of Issues:
Whether the contracts clause framework articulated in In re Estate of DeWitt, 54 P.3d 849 (Colo. 2002), applies to all contract clause claims under the Colorado Constitution.
Whether Colorado Public Employees’ Retirement Association members have contractual rights to the cost-of-living adjustment formulas in place at their respective retirements for life without change.
Whether SB10-1, which adjusted cost-of-living adjustments to their current level of two percent compounded annually, was constitutional because it (a) did not substantially impair contractual expectations and was reasonable and necessary to ensure the pension funds’ long-term viability, and (b) was not a regulatory taking.
DENIED AS TO ALL OTHER ISSUES.