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State pursues Supreme Court review in pension case

October 4, 2011

As expected, the state is seeking state Supreme Court review of the recent pension decision by a Superior Court judge. This from court spokesman Craig Berke:

Attorneys for the governor, general treasurer and the Employees’ Retirement System of Rhode Island on Monday afternoon (10/3) petitioned the state Supreme Court to review last month’s Superior Court decision regarding the state’s general pension statute.

In her decision on September 13, Superior Court Associate Justice Sarah Taft-Carter ruled that Rhode Island’s general pension statute gives rise to an implied contract between the state and participating employees.

A copy of the state’s petition is attached to this e-mail. In support of its petition, the state also filed a lengthy memorandum that is available for review in the Supreme Court clerk’s office.

What’s next? The government employee unions have 20 days to respond from the date they are served with notice of the petition. After a response is filed, the Supreme Court will meet in conference to decide whether it will hear the case. There is no timetable at this point beyond the aforementioned deadline.

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