Minneapolis came very close last week to achieving a property tax-saving merger involving its closed police and fire pension funds, only to see fulfillment of that decades-old goal evaporate in the waning hours of the state legislative session.
That means that the city and the pension funds, which put aside their feuding to reach a last-minute agreement to merge with a statewide public safety pension fund, now are angling for a spot on the agenda during a special session.
But a ruling expected to come down Tuesday from the Minnesota Court of Appeals throws an additional wild card into the equation: Will the merger deal hold if the pension funds win big in their appeal of a lower court ruling that stripped away part of their pensions?
Brian Rice, a lawyer and lobbyist for the pension funds, said he's confident that the deal will stick even if the appeals court reverses the lower court ruling. A judge ruled generally for the city's argument that the pension funds improperly used some elements of police and fire pay in calculating the salary base for pensions. That cost police retirees 10 percent of their pension and fire retirees 4 percent.
The pension merger deal was reached only in the waning days of the legislative session, and that contributed to its failure to pass it before the final gavel. It also was tripped up by a partisan divide in the House over a flood-related bonding bill.
"We were able to move it along as far and as fast as we could, but we ran into the legislative crunch," Rice said, an assessment with which city representatives agreed.
The merger would help the city by reducing its annual payments for police and fire pensions. It would cut next year's property levy for the two funds by nearly $21 million. That would be a big help in a year when the city's bill for financing a 2010 merger for its closed pension for general city employees jumps by eightfold to $20 million.
In theory, legislative approval of the merger deal should be a slam dunk. It would be in keeping with a long-standing legislative policy of consolidating local pension associations into statewide funds. And it would require no added state money.