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Change to public employee annuities spurs exodus in Porter County

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A northwestern Indiana judge will lose a combined 67 years of experience this month when all three of his employees retire.

Porter Superior Court Judge Roger Bradford's executive assistant, bailiff and court reporter all are retiring Aug. 29, partly to avoid reductions in the amount of money they'll receive from their public employee retirement plan annuities, The (Munster) Times reported Sunday.

Executive assistant Julie Powell said she and her co-workers on Bradford's staff must leave now to avoid watching the returns on the annuity portions of their retirement plans fall from a guaranteed 7.5 percent to lower market-based rates under changes the Indiana Public Retirement System made nearly a year ago to reduce the possibility of unfunded liabilities.

The upcoming losses proved incentive enough to persuade the three court staffers to follow through on retirement plans even after Bradford surprised them by opting to seek a sixth term, which he'll begin in January.

"We said, 'Hey, we're in the mindset to go now,'" Powell said.

The Indiana Lawyer wrote about the pending change to the guaranteed interest rate in May.  Effective Oct. 1, the Indiana Public Retirement System will reduce the guaranteed interest rate for workers who choose to annuitize investments in their annuity savings accounts. Employees covered by the Public Employees’ Retirement Fund have 3 percent of their salary invested in those accounts and may elect to invest a greater portion of their earnings.

But the interest rate the state previously guaranteed on those annuities has proved to be unsustainable. NPRS says the change was needed because Americans are living longer and guaranteed rates of return on investment have fallen. The change has prompted units of government to alert workers about how their retirement benefits may be affected.

The loss of retirement money affects not just state and local government employees, but teachers as well. While there's no mass exodus among educators, some are calling it quits to avoid losing any money on their self-funded annuities. Teachers Dave Kenning and Judy Commers are retiring this year from the Porter County Career Center, taking with them more than 60 years of combined experience and institutional knowledge, said Jon Groth, the school's director.

Officials at the Indiana Public Retirement System project about 9,700 retirements in 2014 from the PERF and the Teachers Retirement Fund.

Porter County government is losing a total of 12 employees, including Porter County Treasurer Mike Bucko and County Highway Department Supervisor Al Hoagland.

Porter County Auditor Bob Wichlinski said he was unsure how many, if any, of the posts, will be left vacant in light of the County Council's call on departments in the financially strapped county to reduce their proposed budgets by 10 percent for next year.

The Porter County Public Library System is losing three employees to the PERF change, Director Jim Cline said. That's just 5 percent of the 60 full-time employees, but two of the three have worked for the library system for more than 22 years, he said.

The Valparaiso Police Department suffered a similar loss when an administrative assistant retired due to the PERF change and took 28 years of experience with her, Clerk-Treasurer Sharon Swihart said.

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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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