ART. VIII, SECTION 5. PENSION AND RETIREMENT RIGHTS
April 16, 2008 – 4:58 am(a) Membership in any pension or retirement system of the State, any unit of local government or school district, or any agency or instrumentality thereof, shall be an enforceable contractual relationship, the benefits of which shall not be diminished or impaired.
(b) The employer component of pension contributions shall be paid by the employing agency out of their own budget and the same agency shall be responsible for any shortfalls in the contributions. An officer responsible for the pension system or any employee-member of the pension system may file suit in any court of this state under this section as a cause of action to compel a state agency to contribute the full amount due the pension system in the event that the employing agency fails to do so.
(c) Besides reasonable regulation to ensure the stability of the pension system, the benefits, rate of contribution, employer match and other benefits shall be negotiated between the employees, their union representatives if applicable, and the employing state agency. The General Assembly shall have no power to increase or decrease benefits in the pension system.
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