Baumgardner v. Public Employees' Retirement Board

¶1 Joseph Baumgardner sued the Public Employees’ Retirement Board of the State of Montana (the Board) alleging that House Bill 294, Act effective Mar. 29,2001, ch. 149 §1,2001 Mont. Laws 696,697 (H.B. 294), enacted by the 2001 Montana Legislature, unconstitutionally delegated legislative power; impaired the obligation of contracts in violation of Montana Constitution Article II, Section 31; and contained more than one subject in violation of Montana Constitution Article V, Section 11(3). On cross-motions for summary judgment, the District Court concluded that H.B. 294 unconstitutionally…