The cash balance retirement plan Louisiana Gov. Bobby Jindal recently signed into law for state workers was declared unconstitutional by a state district judge because it did not pass the Louisiana House of Representatives with a two-thirds majority. The cash balance plan would shift considerable risk onto workers without addressing the issue of unfunded liabilities caused by elected officials’ failure to keep up with required contributions.
Jindal has announced that he will appeal the decision. But this isn’t the only legal challenge the plan faces. The IRS is also considering whether the plan fails the Social Security equivalency test, which exempts some public-sector workers from participating in Social Security as long as government employers provide a retirement benefit at least equivalent to Social Security benefits. As Michelle Chen wrote in an In These Times blog post, Republicans around the country are using “pension panic” to push through policies that are both half-baked and anti-worker.