Governments Are Still Obligated to Pay Pensions Even If Their Pension Funds Are Depleted

July 26, 2015

A New York Times article may have misled readers by implying that a state or local government with inadequate pension funds is relieved of its pension liabilities. In the context of a court ruling on the constitutionality of a plan negotiated between the city of Chicago and most of its unions, the article told readers:

“An insolvent system would be able to pay retirees only about 30 percent of their benefits. The cuts before the court were less drastic, and in combination with other changes, were supposed to leave the workers and retirees better off.”

Actually the city is still legally obligated to make the full payment for workers’ pensions even if the funds are depleted. In this case the payment would have to come directly from current revenue or the sale of assets. Workers may in fact be better off with a reduced pension in the sense that they would care about the city’s ability to pay current workers, in addition to retirees, and also its ability to provide necessary services, however it is wrong to imply that the insolvency of the pension funds would end the city’s obligations to retired workers. 

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