As reported in the Baltimore Sun, in the latest ruling by the U.S. District, the court found that though portions of the city’s pension overhaul were unconstitutional, other portions could stand.
“The Ordinance will not ‘fall as a whole,’ ” wrote U.S. District Judge Marvin J. Garbis.
In September, Garbis held that the city’s decision to change the method for determining annual increases for retirees — resulting in less money for many — was unconstitutional and not “reasonable and necessary to serve an important public purpose.”
Fire and police union leaders called that ruling a major victory and argued that it invalidated the entire law. The provision was part of a 2010 law that also delayed retirement for many police and fire employees, and increased their contributions to the pension system.
But that portion of the law can be severed from the rest of the legislation, Garbis ruled Friday.
While the City views this recent ruling as a success, the administration still considers the contested provision to be constitutional and both sides are likely to appeal to the 4th U.S. Circuit Court.
For recent coverage of this case, see our post, Federal Judge Scraps City Pension Overhaul.