MARVIN MANDEL, Governor

3957

1970 constitutional amendment provided the Commission
with jurisdiction over legislative pensions and the
wording of subsections (3) and (4) makes it clear that
this jurisdiction is preemptive of the power of the
General Assembly to deal with this subject. *

Moreover, in its 1974 Resolution the Commission
established benefits, in Item 2(n), for the very category
of former legislators covered by Senate Bill 592.

"A former member of the General Assembly
serving in that body between January 13, 1971 and
January 7, 1975, but not thereafter, who elected to
become a member of the pension plan provided for in
the Resolution of this Commission dated January 25,
1971, shall receive the benefits provided for in
that Resolution."

In the accompanying Report (pages 27—28) the Commission
pointed out that it had been entreated to provide certain
more favorable pension benefits for legislators "who have
left the General Assembly between January 13, 1971 and
January 7, 1975" but that it had declined to enlarge
these benefits.

An argument is put forth that the provisions of
Article III, Section 15(2), et seq. relate only to
present, rather than former, members of the General
Assembly. He cannot give such a reading to these
subsections and point out that in both the 1971 and 1974
Reports and Resolutions the Commission considered both
categories of General Assembly members. Moreover, such a
restrictive reading would create a situation where the
General Assembly could enact pension benefits for all
former members of the General Assembly, making them
effective immediately after such members left public
service, a result which would be entirely contrary to the
apparent legislative intent when the 1970 constitutional
amendment was proposed. This office's prior letters
dated February 21 and March 6, 1975, on this entire
subject are enclosed for your consideration.

The General Assembly Compensation Commission will
certainly begin its work no later than mid-1977 on the
Report and Resolution due in January, 1978. In the
meantime Commission members would undoubtedly welcome the
opportunity of considering and evaluation the inequities
which former members feel have resulted from the
Commission's failure last year to increase the level of
pension benefits for them.

Very truly yours,
/s/ Francis B. Burch
Attorney General