Judge tells Bevin he can't depose plaintiffs in pension lawsuit

A judge said no Monday to Gov. Matt Bevin's request to take sworn, out-of-court testimony from the three plaintiffs challenging Kentucky's recently enacted public pension law.

Franklin Circuit Judge Phillip Shepherd ruled after a 30-minute hearing that Bevin could not depose representatives of Attorney General Andy Beshear's office, the Kentucky Education Association and the Kentucky State Fraternal Order of Police.

They filed suit April 11 against the public pension bill Bevin signed into law.

Bevin's general counsel, Steve Pitt, said he was disappointed with the judge's decision "in a very important case."

Beshear, in an email, said the court "granted a protective order preventing Gov. Bevin from delaying our challenge of the pension bill and subjecting teachers and police officers to depositions under oath.

"We will continue to fight for the rights of our hardworking public servants, and we hope that Gov. Bevin will stop playing games so we can quickly move toward a full and final hearing."

In the hearing, Pitt said the governor is not trying to delay the case but was seeking to understand "34 pages of facts" in the case. "We take great issue with some of them," he said.

PItt said some of them included the allegation that the legislation is a complete overhaul of the pension system and a failure to describe the terms of "an inviolable contract" that many public workers contend they have, preventing any changes in their retirement benefits.

Travis Mayo, executive director of the civil and environmental law office for Beshear, told the judge Monday that Bevin's requested depositions are not relevant and necessary.

Alison Messex, attorney for the Fraternal Order of Police, and Jeff Walther, attorney for the KEA, agreed.

Shepherd said in his ruling he wanted to address first the legal issues in the case.

He said if there are factual disputes, he would schedule hearings on them. He added that Bevin has not yet made it clear that there are factual disputes.

Also during the hearing, Pitt said Bevin does not believe that the plaintiffs have legal standing to file the suit. He later told reporters that he would be filing motions soon on the question of standing.

The lawsuit claims the law breaks the "inviolable contract" that the state made with its public employees to not harm their pensions. It also places teachers hired after Jan. 1, 2019, in a hybrid cash-balance plant like a 401(k) system, rather than a traditional pension, and requires those teachers to work longer before becoming eligible for retirements. State employees hired between 2003 and 2008 also are required to pay 1 percent more for health care in retirement.

The lawsuit is expected eventually to go to Kentucky Supreme Court.

This story was originally published May 7, 2018 at 12:17 PM with the headline "Judge tells Bevin he can't depose plaintiffs in pension lawsuit."