5th Circ. Upholds Texas First Responder Pension Law

Law360 (April 27, 2020, 10:03 PM EDT) -- The Fifth Circuit ruled Monday that a 2017 Texas law preventing Dallas firefighters and police officers from collecting deferred retirement benefits as a lump sum didn't violate the U.S. Constitution.

A three-judge panel handed a win to the Board of Trustees of the Dallas Police and Fire Pension System, which was sued in 2017 by a group of first responders claiming the board's policy change — codified as H.B. 3158 — constituted an unlawful taking of property. The Fifth Circuit said it wasn't.

"Plaintiffs failed to state a takings claim because they do not have a property interest in the method...

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