Senator Howe presses age‑discrimination fix; commission rejects DE2 but adopts DE4 and work group

Senator Doug Howe told the Legislative Commission on Pensions and Retirement that without corrective action the statute could be vulnerable to age‑discrimination claims for employees over 55 with 20 or more years of service. "If we don't do something, we, could get sued for age discrimination because...over 55 and over 20 years, you get no health benefits," Howe said as he described the DE2 amendment.

Howe asked the commission to adopt DE2, which would have restored a health‑benefit provision for members aged 55+ with 20+ years and set up a work group to study how to eliminate the discrepancy. Chair Frentz said he agreed with the spirit of Howe's objective but opposed DE2 because it lacked identified funding and he preferred sending the issue to a work group. "The chair is a no on the DE2. However, the spirit of what Senator Howe is doing... I think is probably shared by everybody on the LCPR," Frentz said.

Members conducted a roll call on DE2; the amendment failed (chair recorded the outcome as 1 yes and 5 no on the senate side with 7 no on the house side). After DE2 failed, Representative Steer moved DE4 as an alternative; DE4 carried on roll call and was incorporated into the omnibus package. Staff and members emphasized the compromise approach: a study work group would be created, membership defined, and actuary/agency work authorized to explore options and legal exposure.

Senator Howe said he initiated this effort years earlier and urged urgency, describing prior reports and the need for the work group to do more thorough study. Representative O'Driscoll and others thanked Howe for persistent work on the topic and welcomed the work group as the preferred route to address funding mechanics and legal risk.

What changed: DE2 (howe's immediate fix) was rejected on roll call; DE4 (a substitute that included a work group and different funding approach) was adopted and folded into the omnibus bill. Staff noted limited available funds and said the LCPR actuary money (26,000 referenced in the discussion) could help the work group's outreach and testimony needs.

Next steps: the adopted DE4 and the omnibus package were forwarded to the house and senate committees of jurisdiction; the work group will be convened to study and propose implementation options for the legislature to consider in a future session.

Why it matters: the exchange shows the commission balancing immediate beneficiary protections with funding constraints and legal risk and moving the policy into a study process rather than immediate statutory change.