Legal Opinion

No.

Colorado Attorney General Reports

Decided November 18, 2004Published

1Opinion of the Court

Questions Presented and Answers

Question: What, if any, limitations exist upon the Legislature's ability to reduce the capacity of current employees to earn additional retirement benefits to assure the long term actuarial soundness of the plan?

Answer: The rate and amount of retirement benefits may qualify as a partially vested pension right protected by the contract clause of the constitution. An adverse change to a partially vested pension right is lawful only if it is balanced by a corresponding change of a beneficial nature, a change that is actuarially necessary, or a change that…

2Cases cited9 opinions

  1. Police Pension & Relief Board v. McPhailSupreme Court of Colorado · 1959
  2. Colorado Springs Fire Fighters Ass'n, Local 5 v. City of Colorado SpringsSupreme Court of Colorado · 1989
  3. City of Colorado Springs v. StateSupreme Court of Colorado · 1981
  4. Police Pension & Relief Board v. BillsSupreme Court of Colorado · 1961
  5. Peterson v. Fire & Police Pension Ass'nSupreme Court of Colorado · 1988

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