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< Access Insights < Toolkits & Resources

State Constitutional Protections for Public Pensions

Updated June 2025

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State Summary of State Law Constitutional Provision
Alabama Benefits are contractually protected for vested employees; assets must be held for exclusive benefit of retirement system. Ala. Const., art. I, §22; art. V, §138.03
Alaska Membership in employee retirement systems is contractual; accrued benefits may not be impaired. Alaska Const., art. XII, §7
Arizona Membership in a public retirement system is contractual; benefits shall not be diminished or impaired. Ariz. Const., art. XXIX, §1; art. II, §25
Arkansas Pension rights protected as contractual obligations once vested; may not be reduced retroactively. Ark. Const., art. II, §17
California Pension benefits are contractual; vested rights protected from unreasonable impairment. Cal. Const., art. I, §9
Colorado Employees have contractual rights in pensions but legislature may alter future benefits. Colo. Const., art. II, §11
Connecticut Pension benefits form part of contractual employment relationship protected by state constitution. Conn. Const., art. I, §1
Delaware Public pension benefits protected as contract rights; impairment subject to scrutiny. Del. Const., art. I, §7
Florida Contractual protection recognized once rights vest; legislature may amend prior to vesting. Fla. Const., art. I, §10
Georgia No explicit constitutional provision; contractual analysis applies to vested benefits. Ga. Const., art. I, §1, para. X
Hawaii Membership constitutes contractual relationship; accrued benefits cannot be impaired. Haw. Const., art. XVI, §2
Idaho Pension benefits contractual upon vesting; subject to limited modification. Idaho Const., art. I, §16
Illinois Membership in public retirement system is contractual; benefits may not be diminished or impaired. Ill. Const., art. XIII, §5
Indiana Contractual protection recognized for vested pension benefits; no impairment allowed. Ind. Const., art. I, §24
Iowa Retirement benefits protected by contractual principles after vesting. Iowa Const., art. I, §21
Kansas Public pension benefits contractual upon participation; subject to modification of future accruals. Kan. Const., Bill of Rights §10
Kentucky Pension rights contractual; legislature cannot diminish vested benefits. Ky. Const., §19
Louisiana Accrued benefits guaranteed; assets held for exclusive benefit of members. La. Const., art. X, §29
Maine Pension benefits contractual once vested; impairment limited by federal and state clauses. Me. Const., art. I, §11
Maryland Membership creates contractual relationship; benefits cannot be reduced retroactively. Md. Const., Decl. of Rights, art. 24
Massachusetts Pension benefits protected as contract rights; cannot be impaired after vesting. Mass. Const., pt. 1, art. X
Michigan Accrued benefits not subject to diminishment or impairment. Mich. Const., art. IX, §24
Minnesota Pension benefits contractual after vesting; legislature may change future accruals. Minn. Const., art. I, §11
Mississippi Retirement benefits protected by contract principles. Miss. Const., art. 3, §16
Missouri Vested pension benefits contractual; not subject to impairment. Mo. Const., art. I, §13
Montana Membership constitutes contractual relationship; accrued benefits may not be impaired. Mont. Const., art. II, §31
Nebraska Pension rights contractual; benefits protected upon vesting. Neb. Const., art. I, §16
Nevada Contractual protection extends to accrued pension benefits. Nev. Const., art. I, §15
New Hampshire Public pension contractual once vested; impairment prohibited. N.H. Const., pt. 1, art. 23
New Jersey Statutory recognition of contractual rights; legislature may not diminish vested benefits. N.J. Const., art. IV, §7, para. 3
New Mexico Retirement benefits contractual; protected against impairment. N.M. Const., art. II, §19
New York Membership in retirement system contractual; benefits not to be diminished or impaired. N.Y. Const., art. V, §7
North Carolina Pension benefits protected as contract rights after vesting. N.C. Const., art. I, §19
North Dakota Contractual rights recognized in vested pension benefits. N.D. Const., art. I, §18
Ohio Pensions contractual after vesting; legislature may alter non-vested benefits. Ohio Const., art. II, §28
Oklahoma Public retirement benefits contractual upon vesting. Okla. Const., art. II, §15
Oregon Contractual relationship created by participation; benefits may not be impaired. Or. Const., art. I, §21
Pennsylvania Membership contractual; accrued benefits may not be impaired. Pa. Const., art. I, §17
Rhode Island Contractual rights in pension benefits recognized; limited flexibility for reform. R.I. Const., art. I, §12
South Carolina Contractual protection of vested benefits; limited prospective modification allowed. S.C. Const., art. I, §4
South Dakota Retirement benefits contractual upon vesting. S.D. Const., art. VI, §12
Tennessee Pension rights contractual; vested benefits cannot be impaired. Tenn. Const., art. I, §20
Texas Accrued benefits in public retirement systems protected by constitution. Tex. Const., art. XVI, §66
Utah Pension benefits contractual after vesting; impairment prohibited. Utah Const., art. I, §18
Vermont Contractual rights recognized in vested pension benefits. Vt. Const., ch. I, art. 10
Virginia Vested rights protected; assets held for exclusive benefit of members. Va. Const., art. X, §11
Washington Membership contractual; benefits cannot be impaired once vested. Wash. Const., art. I, §23
West Virginia Contractual protection applies to vested pension benefits. W. Va. Const., art. III, §4
Wisconsin Pension rights contractual and protected from impairment. Wis. Const., art. I, §12
Wyoming Contractual protection recognized for vested retirement benefits. Wyo. Const., art. I, §35


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