Legal Update of Public Pension Issues
Robert D. Klausner
Attorney at Law
Klausner & Kaufman, PA

State and federal courts are reviewing numerous cases that could influence the future of public employee pensions. NCPERS Legal Counsel Bob Klausner reviewed many of them during his presentation this morning.

Klausner said pension plans can expect to be under increased scrutiny from both plan sponsors and participants, which could lead to a rise in legal actions. The additional scrutiny is a result of increased economic pressure due to the unsettled capital markets.

The long struggle between plan sponsors and board of trustees for control of retirement plans continues, Klausner said. Constitutional amendments and legislative initiatives are receiving judicial review and guidance for the first time, and so will likely set the pattern for more unsettled days ahead.

Klausner reported that staying up-to-date on pending pension litigation will be easier when NCPERS unveils its new website. The new site will include a link to Klausner & Kaufman’s site, where the firm will maintain brief summaries of pending significant lawsuits.

After two years in local government service, Klausner began work in the private practice of law, specializing in the representation of public employee pension funds since 1979. He serves as a consultant on retirement issues to numerous state and local government entities. Klausner has appeared as an expert witness before congressional committees on their studies of potential federal regulation of public employee retirement systems. He also is part of the faculty at the annual NCPERS Trustee Educational Development Seminar.

© 2003 National Conference on Public Employee Retirement Systems

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