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· 1/21/1926

Central Frog & Switch Co. v. Commissioner

Citations

  • 3 B.T.A. 414
  • 1926 BTA LEXIS 2667

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that where amendment or repeal of a COLA is expressly reserved, the legislature may make such changes without violating the contract clause or state constitution
  • holding that change in COLA statute did not impair contract rights of retirees
  • explaining that COLAs do not “‘induce continued faithful service’ in the same way that a basic pension plan [does]” (quoting Jacoby v. Grays Harbor Chair & Mfg. Co., 468 P.2d 666, 669 (Wash. 1970))
  • “It is well settled that retirees are subject to a three-year statute of limitations for actions alleging a breach of pension contracts.”
  • “Surely the legislature can make the addition of [a COLA] subject to its right to amend or repeal the program in the future. To say otherwise would strongly disincentivize the legislature from providing additional benefits beyond a basic pension.”
  • “Surely the legislature can make the addition of 42 [a COLA] subject to its right to amend or repeal the program in the future. To say otherwise would strongly disincentivize the legislature from providing additional benefits beyond a basic pension.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Phillips, Geaupner, Trammell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.