Pensions

6th Circuit Rules Against Retired Kentucky Firefighters on COLA Battle

The 6th Circuit has ruled against a retired firefighter and a retired police officer from Lexington, Kentucky who sought to block efforts to reduce their pension COLAs. The case dates back to 2013 when Lexington Mayor Jim Gray sought to address a pension shortfall – not by funding the pension – but by reducing the pensioners’ COLAs.

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Indiana Fire Department Suspends Polygraph Requirement

Michigan City, Indiana has decided to suspend its use of a polygraph as part of its entry-level hiring process. Last month, two unsuccessful candidates, Tyler J. Long and Mikhail Palmer, filed suit claiming that the city violated state and local law by using the polygraph.

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RI Supreme Court Reverses Denial Of Disability Pension

The Rhode Island Supreme Court has reversed a decision by the City of Providence’s Retirement Board that denied a disability pension to Rescue Captain Michael Morse. Mike, who is a well known author and blogger, injured his back in 2012 while lifting a patient.

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Pension for Disabled NY Firefighter Restored by Appellate Court

A disabled New York firefighter has successfully prevailed in challenging his former city’s attempt to cut his disability payments. Mount Vernon firefighter Michael Masullo was permanently disabled in 2000, and granted a disability pension in 2004. In 2009, the city demanded he apply for any further benefits.

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Camden Firefighter Convicted of Pension Fraud

A Camden firefighter who claimed to be disabled has been found guilty of second-degree theft by deception by a Camden County jury. Shane B. Streater claimed that job related back and neck injuries prevented him from continuing to work as a firefighter in Camden.

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San Bernardino Settles Nine-Year Dispute With Firefighters

The City of San Bernardino has reached a global settlement with its firefighters, resolving fifteen different legal proceedings ranging from a Fair Labor Standards Act (FLSA) lawsuit to several unfair labor practice charges. The estimated price tag of the various actions could have been $40 million.

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Louisiana Supreme Court Rules in Favor of Firefighters in Pension Battle

Firefighters in Kenner, Louisiana have prevailed at the state Supreme Court on whether certain types of compensation should be included in their pension compensation. The suit was filed in 2010 by Michael Dunn as a class action. The complaint was later amended eliminating the class action, adding individual named firefighters as plaintiffs and positioning IAFF Local 1427 as representing the interests of its members.

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DC Chief Acknowledges Mistake on Discipline

Here is a followup on the story from Monday about the DC fire lieutenant who retired and escaped discipline. Lt. Guy Valentine was accused of a delaying his response to the choking death of 18-month-old Martin Cuesta on March 18, 2015. Despite being three blocks from the scene, it took crews nearly 11 minutes to arrive on scene. Lt. Valentine reportedly retired over the holidays as he awaited a trial board on disciplinary charges.

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Retirement of DC Lieutenant Raises Question of Pension Following Dishonorable Service

Today’s burning question: Can a firefighter who is facing disciplinary action, avoid facing any punishment for his misconduct by quickly retiring before he can be terminated? Answer: An employee can resign at any time and there is nothing an employer can do to stop a separation of service from occurring. However, the employee’s entitlement to a pension is another story. A pension can be conditioned on honorable service.

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GA Supreme Court Upholds Pension Contribution Increases for Firefighters

The Supreme Court of Georgia handed Atlanta firefighters, along with other city workers, a loss in their bid to challenge significant increases to their pension contributions. Police, firefighters and city workers filed a class action suit in 2013 seeking to block the city’s attempt to increase their pension contributions by at least 5%, and up to an additional 10% depending on how much the city has to increase its contributions.

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