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Thursday, October 17, 2013

Pension Initiative Backstop

We have been covering the pension initiative that has now been filed with the state and, in an earlier post, discussed some key elements of the initiative (including the coverage of UC).  An interesting element in the initiative is a provision that provides for defense in court of the initiative by private parties.  It is quite likely that if the initiative passed, it would be challenged in court.  And the attorney general might well refuse to defend it, given the politics of the initiative. In the case of Prop 8 - the anti-gay marriage initiative - the attorney general did refuse to provide a defense.  The pension initiative has an element that provides for an outside defense backstop.  (Whether that provision itself could be challenged, yours truly leaves to legal types.)

An article dealing with the defense component of the new pension initiative from an author sympathetic to it can be found at:
http://www.foxandhoundsdaily.com/2013/10/legacy-prop-8-court-case-pops-pension-reform-initiative/

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