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California Pensions Of State Workers Could Be In Trouble After Court Ruling

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(Via Zerohedge)

For decades now public pensions have been guided by one universal rule which stipulates that current public employees can not be ‘financially injured’ by having their future benefits reduced. On the other hand, that ‘universal rule’ also necessarily stipulates that taxpayers can be absolutely steamrolled by whatever tax hikes are necessary to
fulfill the bloated pension benefits that unions promise themselves.

Alas, that one ‘universal rule’ may finally be at risk as the California Supreme Court is currently considering a case which could determine whether taxpayers have an unlimited obligation to simply fork over whatever pension benefits are demanded of them or whether there is some “reasonableness” test that must be applied. Here’s more from VC Star:

At issue is the “California Rule,” which dates to court rulings beginning in 1947. It says workers enter a contract with their employer on their first day of work, entitling them to retirement benefits that can never be diminished unless replaced with similar benefits.

It’s widely accepted that retirement benefits linked to work already performed cannot be touched. But the California Rule is controversial because it prohibits even prospective changes for work the employee has not yet done.

The ballooning expenses are an issue that Gov. Jerry Brown will face in his final year in office despite his earlier efforts to reform the state’s pension systems and pay down massive unfunded liabilities.

His office has taken the unusual step of arguing one case itself, pushing aside Attorney General Xavier Becerra and making a forceful pitch for the Legislature’s right to limit benefits.

“Lots of people in the pension community are paying attention to these cases and are really interested in what the California Supreme Court is going to do here,” said Amy Monahan, a University of Minnesota professor who studies pension law.

“For years, self-interested parties, overly generous promises whose true costs were often shrouded by flawed actuarial analyses, and failures of public leadership had caused unsustainable public pension liabilities,” his office wrote. A ruling is expected before Brown leaves office in January 2019.

Meanwhile, it’s not just California taxpayers that have an interest in the Supreme Court’s decision as twelve other states also observe a variation of the ‘California Rule’, said Greg Mennis, director of the Public Sector Retirement Systems project at Pew Charitable Trusts. One of them, Colorado, has walked it back a bit, he said, requiring “clear and unmistakable intent to form a contract before pensions will be contractually protected.”

While a change to California’s interpretation of its rule would not automatically change legal precedents in other states, it could provide the catalyst for lawmakers to test changes that they previously considered unfeasible.

As we pointed out earlier this year, the case currently before the Supreme Court comes after a lower court ruled that “while a public employee does have a ‘vested right’ to a pension, that right is only to a ‘reasonable’ pension — not an immutable entitlement to the most optimal formula of calculating the pension.” Here’s more from the Los Angeles Times:

The ruling stemmed from a pension reform law passed in 2012 by state legislators. The law cut pensions and raised retirement ages for new employees and banned “pension spiking” for existing workers.

Pension spiking has allowed some workers to get larger pensions by inflating their pay during the period in which retirement is based — usually at the end of their careers.

In a ruling written by Justice James A. Richman, appointed by former Gov. Arnold Schwarzenegger, the appeals court said the Legislature can alter pension formulas for active employees and reduce their anticipated retirement benefits.

“While a public employee does have a ‘vested right’ to a pension, that right is only to a ‘reasonable’ pension — not an immutable entitlement to the most optimal formula of calculating the pension,” wrote Richman, joined by Justices J. Anthony Kline and Marla J. Miller, both Gov. Jerry Brown appointees.

Of course, ‘reasonable’ can be a tricky term to define and for most union bosses it is synonymous with ‘MOAR’….the only question is does the California Supreme Court agree?

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Trump judges…….The Purge!

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I’d rather be judged by 12 than carried by six.

That great lyric from Ice Cube has more bite and meaning in the run up to the 2020 election. Now we have the investigation of the investigators. The Mueller investigation and everything it has encompassed is now being scrutinized. We are finally looking at indictments and guilty pleas from the corrupt cabal that tried to bring down, frame, jail and impeach a duly elected, INNOCENT president and anyone in his sphere. Getting to the point of investigating the investigators has been a long hard slog.

We did not foresee how really deep and treacherous the swamp really was. You could investigate, indict and try someone like a Hillary Clinton for example, and someone of authority in that chain is a corrupt actor from the Deep State and you will then see the guilty party skate free. Or you can have a completely innocent Mike Flynn, Roger Stone, George Papodopoulos railroaded by a corrupt judge. The Michael Flynn case is the most glaring. The DOJ has dropped the case and charges against him and in an unprecedented move the judge does not drop the case, he extends it as if he is the prosecutor.

So there is a light at the end of the tunnel my friends. Donald Trump has been appointing a record number of federal judges. This is a brilliant move and somewhat frustrating and time consuming. But there is a method to the madness. Why investigate, indict and try just for a Deep State judge to let the guilty party walk free? Donald Trump has appointed over 300 judges and counting. More will be appointed to the bench and now there is a more likely chance when the guilty parties are tried, there will be justice. So there is a silver lining in this swamp covered cloud.

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By Michael Ameer

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Politics

The reckoning of the fake news media.

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Karma, the sweet smell of poetic justice, the bully gets punched in the nose in the end! Fake news finally gets counted out and David to the Goliath is a teenager named Nicholas Sandmann the MAGA hat wearing unassuming media slayer.

Nicholas Sandmann and his legal team has announced a settlement with The Washington Post on their $250 Million dollar suit. This comes also on the heels of the multi-million dollar suit against CNN. They have stated 2 down and six to go.  Here is their list:

NBC, CBS, ABC, NYT, Gannett, Rolling Stones.

Many have tried to get the media companies to report fairly but even Billionaire hardball players like Donald Trump are impotent against the media smear machines. Politicians, celebrities and any adults in the public realm have diminished rights when it comes to defending their reputation against lies and attacks from media behemoths. This is a sad state of affairs and what’s lead  to the monumental rise of fake propaganda news.

In steps Nicholas Sandmann who was wrongly accused by many media outlets when the story broke of belligerent  teens harassing a Native American man beating a drum in a rally. There were duel rallies in the area. Since the teen was wearing a MAGA hat the news media or better yet fake news media went into overdrive bashing the kids. When the whole video was viewed any honest person could see the kids did nothing wrong in the whole confrontation. But this blatant truth means nothing to fake news. They hate Trump so lies are okay as long as it hurts their intended target. Nicholas Sandmann is a normal American well behaved teen. With him being a teen or minor the laws give him protections not afforded a public figure. So he could aggressively defend himself with a good legal team. Now truth and justice has a chance to rule and not the mob rule of the left. If this could happen more often we would have a more honest press. But we know they have financial donors and backers that pay them to spread these lies so we will have to see what is coming down the pike in hopes there will be more honesty in reporting. But don’t hold your breathe.

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By Michael Ameer

 

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Should the media and politicians be held responsible for fraudulent hydroxychloroquine reports?

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Saying a drug that clearly works, doesn’t work is Trump Derangement Syndrome beyond comprehension.

The Lancet Study on Hydroxychloroquine was fraught with errors and incomplete data. It was thrown together to let the world know that hydroxychloroquine doesn’t work. Well that study was retracted. A Henry Ford Health System study found the drug helped patients with COVID-19. Just as the president was saying. Trump mentioned HCQ and the collective mainstream media went into overdrive to prove him wrong. And once again Trump accused of lie of the century turns out to be right. He was clearly right in the beginning. The media said the drug could cause harm if not used correctly. That could also be said about aspirin or any drug.

Taking this derangement one step further was governors making it hard to get HCQ and banning it in some places from use. Now we know in hindsight the drug works and these politicians and media companies as CNN are libel for deaths of Coronavirus patients that died when a life saving drug was readily available in stockpile. Also the governors sending the elderly with COVID-19 into nursing homes with the most vulnerable also caused many unnecessary  deaths. Weren’t we told we had to save our grandparents? If we loved them don’t visit them to be safe? So why would governors send COVID-19 patients to nursing homes when they (New York) mainly was provided thousands of empty hospital beds on the navy ship and the convention center?

I have been following these people long enough to know these things are not an accident. Germany and Israel sent the United States millions of tablets of HCQ. They were at the ready and cheap. It’s been used for malaria since the 1960’s so the side effects have been tested, it is safe. Boris Johnson, British Prime Minister was saved with HCQ. Thousands around the world have been saved with this drug. So we must ask the question when will the media and politicians be dragged into a court of law for their negligent reckless reporting?

News@11

By Michael Ameer

 

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