Judge voids Ky. pension bill as unconstitutional

FRANKFORT, Ky. — Attorney General Andy Beshear picked up a major victory in his battle against Gov. Matt Bevin and a pension overhaul passed by the General Assembly earlier this year, when a judge this afternoon ruled the law is unconstitutional and permanently prohibited the state from enforcing it.

Beshear joined with the Kentucky Education Association and Fraternal Order of Police in filing suit against the bill, arguing that it should not be allowed to take effect because its passage was in violation of the Kentucky Constitution.

Franklin Circuit Judge Phillip Shepherd agreed. He ruled that Senate Bill 151 violated the Kentucky Constitution because it did not receive three readings in each house of the legislature prior to a vote, and because it did not receive approval from a majority of all members of the House of Representatives. Appropriations bills must receive at least 51 votes from the 100-member House. SB 151 only received 49, which was still a majority of those voting, but not a majority of the full House.

Beshear celebrated today’s ruling in a statement released by his office.

“Today’s decision is a win for open, honest government, ruling that the Kentucky General Assembly violated the Constitution when it turned an 11-page sewer bill into a 291-page pension bill,” Beshear said. “The ruling voids Senate Bill 151 in its entirety, which restores the promised retirements to over 200,000 teachers, police officers, firefighters and other public servants. I am honored to serve as their voice in court.”

Gov. Bevin has not yet reacted to the ruling.