PENSIONS - OKLAHOMA

Stevens v. Fox

Supreme Court of Oklahoma - October 11, 2016 - P.3d - 2016 WL 5920748 - 2016 OK 106

Participants in Oklahoma Public Employees Retirement System (OPERS) brought action against the Executive Director of OPERS and its Board of Trustees, challenging the validity of law that created a new defined contribution system within OPERS.

The District Court granted defendants’ motion for summary judgment, and participants appealed.

The Supreme Court of Oklahoma held that as a matter of first impression, Legislature’s alleged violation of Oklahoma Pension Legislation Actuarial Analysis Act (OPLAAA) was non-justiciable.

Even if Legislature violated Oklahoma Pension Legislation Actuarial Analysis Act (OPLAAA) by passing law creating new defined contribution system within Oklahoma Public Employees Retirement System (OPERS) as a non-fiscal retirement bill, any such violation was non-justiciable and could not be the basis for finding an illegal expenditure of public funds. Relevant provisions of OPLAAA were part of a codified set of legislative procedures that amounted to self-imposed limitations, fact that OPLAAA required an actuarial certification as to whether a proposed retirement bill was fiscal or non-fiscal be attached to the bill through the legislative process did not change OPLAAA’s procedural nature, and the accuracy or sufficiency of that certification was a purely legislative concern.



Copyright © 2024 Bond Case Briefs | bondcasebriefs.com