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Ex-firefighters sue over cut in retirement

Five retired Las Vegas firefighters are suing the city of Las Vegas and the public retirement system, alleging that officials broke a contract when their retirement pay was cut.

According to the lawsuit, filed in state District Court this month, the Public Employees Retirement System changed the rules governing what counts as a retirement contribution after their retirements and subsequently reduced the firefighters' retirement pay accordingly.

"The plaintiffs each retired based on PERS representations and then suffered a severe retroactive reduction in benefits that substantially affected their quality of life," the lawsuit said.

They are seeking unspecified damages.The former firefighters all retired in 2008.

Charles Pulsipher originally was allotted a monthly retirement benefit of $11,004.50, the lawsuit said. After the audit, that was reduced to $9,841.63 a month, and PERS began deducting $226 a month to pay back the $8,140 it said Pulsipher was overpaid.

The amounts are similar for the other plaintiffs.

Steven Breen's original retirement was $7,733 a month but was reduced to $7,137. Bruce Claessens had an estimated retirement payment of $7,594 a month, which was reduced to $6,562. Mike Nelson's check of $7,783 was later reduced to $7,064, and Curtis Harper's retirement went from $10,705 a month to $9,480 per month.

PERS said the men had been overpaid for retirement benefits, and it started a monthly garnishment between $113 and $294, depending on the amount owed.

Because of the reduction, the retired firefighters have had to dip into savings, have had trouble paying off debts, and have had to cancel retirement plans, the lawsuit said. It also said at least some of the men would have kept working instead of retiring if they knew their benefits could be cut.

City Attorney Brad Jerbic could not be reached for comment late Tuesday. Firefighter union chief Dean Fletcher declined to comment because the men are retirees being represented by a private attorney.

Contact reporter Alan Choate at achoate@reviewjournal.com or 702-229-6435.

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