CRANSTON FIREFIGHTERS v. RAIMONDO

No. 17-1293.

880 F.3d 44 (2018)

CRANSTON FIREFIGHTERS, IAFF LOCAL 1363, AFL-CIO, on its own behalf and on behalf of its members; International Brotherhood of Police Officers, Local 301, AFL-CIO, on its own behalf and on behalf of its members, Plaintiffs, Appellants, v. Gina M. RAIMONDO, in her capacity as Governor of the State of Rhode Island; Seth Magaziner, in his capacity as General Treasurer of the State of Rhode Island; The Employees' Retirement System of Rhode Island, by and through Seth Magaziner, in his capacity as Chairperson of the Retirement Board, and Frank J. Karpinski, in his capacity as Executive Director of the Retirement Board; City of Cranston, by and through its Finance Director, Robert F. Strom, and its Treasurer, David Capuano, Defendants, Appellees.

United States Court of Appeals, First Circuit.

January 22, 2018.


Attorney(s) appearing for the Case

Elizabeth Wiens , with whom Gursky%COWiens Attorneys at Law, Ltd., Providence, RI, was on brief, for appellants.

Nicole J. Benjamin , with whom John A. Tarantino , Adler Pollock & Sheehan P.C., Providence, RI, Rebecca Partington , Rhode Island Department of Attorney General, and Michael Field , Rhode Island Department of Attorney General were on brief, for appellees Gina M. Raimondo, in her capacity as Governor of the State of Rhode Island, Seth Magaziner, in his capacity as the General Treasurer of the State of Rhode Island, and the Employees' Retirement System of Rhode Island.

Nicholas L. Nybo , with whom William M. Dolan III and Adler Pollock & Sheehan P.C., Providence, RI, were on brief, for appellee City of Cranston.

Before Torruella, Thompson, and Kayatta, Circuit Judges.


In 2011, Rhode Island enacted legislation modifying various state-run pension plans for government employees, including a plan that covered municipal firefighters and police officers. Generally speaking, the modifications reduced the value of the benefits payable under the plan in order to ameliorate what the State perceived...

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