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Records of the University Retirees Action Committee

 Collection
Identifier: UURA

Scope and Contents

The Records of the University Retirees Action Committee contains materials dated 1984 to 1997. Subjects include the Larimer County District Court case 91 CV 346, Ager et al v. Public Employees Retirement Association (PERA). Many of the files are from the law office of Hamilton and Faatz, representatives for PERA. Material types include correspondence between the University Retirees' Action Committee (URAC) members and counsel and correspondence between all involved parties, transcripts (both court and reporters), legal research and notes, depositions, retirement pians, affidavits, case files, pleadings, and a cassette tape. The greatest portion of the collection consists of legal transcripts of the case, from the initial injunction, through pleadings, and the appeal. The cassette tape captures an interview with LeMoyne Anderson, a member of URAC and the donor of the collection.

Dates

  • 1984-1997

Creator

Restrictions on Access

The donor did not restrict communication with URAC's attorney. However, due to the presence of personally identifiable information in some of the files, review of files designated "RESTRICTED" must occur before access is granted.

Restrictions on Use

Not all of the material in the collection is in the public domain. Researchers are responsible for addressing copyright issues.

History

In 1985 Colorado State University formalized a new Accelerated Retirement Plan (ARC) to be part of university's faculty contracts. The ARC stipulated that a faculty member was allowed to take early retirement, planning it two years in advance of leaving the university, in those last two years of employment the future retiree's would receive a 15 percent increase in salary, based on the current salary amount. For the second year, that amount would be compounded and the salary would increase by another 15 percent. Finally, the amount of the highest three years of salary-which, naturally, were the last three years of employment-would be divided by three, to determine the highest average salary at which the faculty member would retire. Additionally, the faculty member would retire with full benefits of the CSU medical insurance.

In March of 1991, Public Employees Retirement Association (PERA) informed the ARP retirees that their benefits were to be retroactively reduced beginning with the next monthly check. This meant that retirees would not only receive a significantly smaller monthly check, but also that they would be required to repay PERA for the difference in amounts up to that time. This would have meant severe hardship on many retirees living on a fixed income. PERA officials stated that the retirement plan violated state statute by using salary increases to induce these employees to retire. The statute further states that no state employees were allowed to retire with what amounted to a bonus. CSU disagreed with PERA claiming that the salary increases were part of the normal salary increase schedule. University Retirees Action Committee (URAC) retained Steve Francis of Fischer, Howard, and Francis, who immediately filed an injunction in Larimer County District Court and received a restraining order to prevent PERA from further check reductions-after one month of reduced checks.

The case, Christine Ager, et al v. PERA (91 CV 346), continued for over five years. In December 1992, the district judge ruled in favor of URAC ordering a permanent injunction order issued against PERA. However, in June 1993, PERA filed an appeal with the Colorado Appellate Court, caes no. 93 CA 986; URAC filed a cross appeal with the same court. The appeal process continues until September of 1995 when the appellate court reversed the December 1992 district court ruling. At this point URAC filed a petition for a rehearing with the appellate court. The case reached the Colorado Supreme Court as case no. 96 SC 53. In the spring of 1996 the three parties (URAC, PERA, CSU) met and agreed to settle out of court. The retirees initial agreements were to be honored, but the ARC plan was rejected permanently.

Extent

7.5 linear feet (5 record cartons)

Language of Materials

English

Abstract

The Records of the University Retiree’s Action Committee contains files from the class action court case Charlene Ager, et al v. Public Employees' Retirement Association, et al, Larimer County District Court case no. 91 CV 346, also known as URAC v. PERA. The Colorado State University (CSU) accelerated retirement program began in 1987. Starting in 1991, PERA informed participants that they were going to rescind salary increases granted to retirees who participated in the accelterated program. In response, the University Retiree’s Action Committee (URAC) formed, and they hired legal counsel to file a class action lawsuit against PERA and CSU. The collection primarily consists of materials created for the trial: correspondence, transcripts, legal research and notes, depositions, retirement pians, affidavits, case files, pleadings, and a cassette tape.

Arrangement

Materials appear in one series arranged topically into categories and then chronologically within each category.

Series 1: URAC v. PERA, 1985-1997

Acquisition

LeMoyne Anderson, a University Retirees' Action Committee member, donated the collection in 1997.

Processing Information

Processing was finished in 1997. An updated box list was created in 2015.

Title
Guide to the Records of the University Retirees Action Committee
Author
Clarissa J. Trapp, Jessy Morris, and Jane C. Maurer
Date
2022
Language of description
English
Script of description
Latin

Repository Details

Part of the CSU Libraries Archives & Special Collections Repository

Contact:
Fort Collins Colorado 80523-1019 USA
970-491-1844