Duncan v. Retired Public Employees of Alaska, Inc.

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

Article XII, section 7 of the Alaska Constitution protects retirement benefits of public employees from diminishment or impairment. But benefits may be changed if any detriments are offset by advantages. The main question here is whether as to changes in health insurance plans this balance must be struck taking the perspective of each individual or the group. We conclude that the group perspective must generally be used because individual evaluations are subjective and uncertain.

II. FACTS AND PROCEEDINGS

In 2000 three retiree organizations and individual…