Supreme Court Victory!

Your Tier Status Can be Restored.

METCALFE v STATE OF ALASKA – ARE YOU AFFECTED? 



EMPLOYMENT BENEFITS WERE TAKEN FROM YOU. 


Contact us to help you restore your Defined Benefit Tier.

DID YOU:
• become an Alaska PERS or TRS member between January 1, 1961, and July 27, 2005, and

• worked for one day or more, and

• quit your job and left the PERS or TRS employer before fully vesting, and

• took a refund of your portion of the retirement contributions?

Are you a person, or the spouse of a late employee, who took the action above? Then you may be a member of this class and may be entitled to reinstatement of your constitutionally protected retirement benefits.

Did you return to state employment under the current Defined Contribution plan?

Or, are you considering returning to state employment if you can perfect your status under the former tier system?

Do you want to rejoin the defined benefit pension program (Tier I, II, or III) and gain access to both a pension and health insurance benefits in retirement?

To find out if you qualify, complete the contact form [link]

The State’s Promises Must be Kept

“Membership in employee retirement systems of the State or its political subdivision shall constitute a contractual relationship. Accrued benefits of these systems shall not be diminished or impaired.”
(Article XII, section 7, Alaska State Constitution)


Alaska Supreme Court decision, April 2, 2021, Peter Metcalfe v State of Alaska, No. S-17157:
“Under our consistent interpretations of article XII, section 7, the repeal of the statutory right of reinstatement diminished [state employees’] accrued benefits.”
“We conclude that the statutory reinstatement right was an accrued benefit of the retirement system protected against diminishment or impairment by Article XII, Section 7.”
“Article XII, section 7 ensures that the State's promises [to its employees] are kept.”


You may benefit from this decision if you:
• became a PERS or TRS member between January 1, 1961, and July 27, 2005, and
• quit your job and left PERS or TRS, and
• took a refund of your retirement contributions, and
• are a person, or the spouse of a late employee, who did the above and worked after June 30, 2010, for sufficient years to qualify for under PERS or TRS , or
• If you intend to return to work under PERS and TRS for sufficient time to qualify for Tier I, II, or III.

SEE LINKS

KTOO-FM COVERAGE Alaska Supreme Court DECISION

CONTACT US

choatelawfirm.com

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Choate law firm website www.choatelaw.com
Phone number (907) 586-4490
Email LAWYERS@CHOATELAWFIRM.COM
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