from Part II - Making (and Breaking) a Pension Contract
Published online by Cambridge University Press: 20 February 2026
The sixth chapter explores changing contract coverage. Decisions determining the validity of public pension reforms under state and U.S. Contract Clauses depend on the contract condition. Over time, it might be expected that repeat resolutions would yield clarity and consistency on one or more contractual issues. But judicial opinions have proven far from predictable. The uncertainty is no doubt complicated by the fact that determinations about contracts cut across state courts and state laws. To help unify the field, this chapter maps pension contract along various criteria and uses California’s influential and controversial government pension law as a framework to evaluate conflicting approaches.
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