Judge dismisses Fort Worth firefighter pension lawsuit

For the second time, a federal judge dismissed a suit against Fort Worth saying the city did not violate the Texas Constitution when it reduced benefits in its employee pension fund a few years back.

U.S. District Judge John McBryde issued a summary judgment in favor of the city on Wednesday in the suit filed by three firefighters in February. McBryde also ruled that the pension reductions did not violate the U.S. Constitution, which the suit alleged.

The city has implemented benefit changes since 2012 for its police, fire and general employees. At issue in the firefighter case were the changes to the cost-of-living adjustment and how benefits are calculated.

The firefighters “want to look behind the ordinance to determine whether its adoption was reasonable or necessary,” McBryde wrote. “However, they have not shown that the ordinance impairs any vested benefits.”

Robert Klausner, a Florida lawyer representing the three firefighters, did not immediately return a call requesting comment on the ruling.

In April, U.S. District Judge Terry Means dismissed a similar suit filed in 2012 by two police officers. That case is now pending on appeal.

Earlier this week, the Fort Worth Employees’ Retirement Fund board and the City Council heard from two actuaries that benefit cuts made three years ago to help the financially-pressured pension fund are being realized.

The unfunded liability, the difference between promised benefits and what’s on hand to pay for them, stands at $1.2 billion. The city has about 6,200 active employees and 3,900 others receiving pensions.

This story was originally published July 23, 2015 at 4:16 PM with the headline "Judge dismisses Fort Worth firefighter pension lawsuit."