RSA sued over judge's benefits - WSFA.com: News Weather and Sports for Montgomery, AL.

A Mobile Circuit Judge is suing the Retirement Systems of Alabama, the Attorney General, and the state's Comptroller over changes to the Judicial Retirement System.

Judge James Wood filed the suit in the Montgomery Circuit Court and alleges that the law that the Alabama Legislature passed in 2011 that made changes to the employee contributions to the JRS was unconstitutional.

Attorneys representing Wood did not return phone calls for comment Monday.

The suit states that the Alabama Constitution of 1901 has a section that reads, "The compensation of a judge shall not be diminished during his official term."

In 2011, the Alabama Legislature passed several laws that increased the amounts that state employees, education employees, and judicial employees contributed to their retirement plans.

In court documents filed June 18, Wood's attorneys argue that taking money out of a judge's paycheck to go toward their defined benefit plan is the equivalent of a salary decrease. They argue that the state constitution prohibits such a move.

Leura Canary, Chief Legal Counsel for the RSA, challenged the suit during an interview Monday saying, "That is not the legally correct way to view this in that you could raise someone's contributions and taxes and that does not diminish their salary."

Canary contends that even though the check Judge Wood receives during a pay period may be of a lesser amount, since the additional money goes toward his personal Judicial Retirement System benefit, it's not illegal.

She says the Republican-controlled legislature acted within its responsibilities in requiring every state employee to pay more toward their retirement benefits.

"The legislature took action to help make the retirement fund financially solvent and keep it that way."

The Judicial Retirement System has the smallest enrollment of all of the funds managed by the RSA however members of the JRS have some of the highest salaries among state workers.

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