Tenn. firefighters sue pension fund

By Adam Crisp
The Chattanooga Times Free Press

CHATTANOOGA, Tenn. — Thirty-seven Chattanooga firefighters are suing their pension fund for the ability to buy credit for the years they worked in other city jobs, according to a complaint filed in Hamilton County Chancery Court.

The firefighters' suit, which was filed Monday, mirrors one brought by Chattanooga police officers in April 2006. The police officers' suit is pending.

Both groups contend the city abruptly changed the rules on buying back time in November 1986. Then, police and firefighters no longer could buy back their credits, the suit charges.

However, some firefighters were allowed to buy back time, approved on a case-by-case basis. The firefighters' complaint charges that is unfair. The 37 firefighters recently retired or are retiring soon, and they would like the same benefit.

"They're seeking, on equal-protection and due-process grounds, to be treated similar to those allowed to buy their time," said Lee Davis, the firefighters' attorney.

The pension board's attorney said the firefighters missed their chance to buy back their time.

"Our investigation leads us to believe that no one was given special consideration," said Bill Robinson, the pension fund's attorney.

Mr. Robinson said some firefighters and police went before the pension board and asked to buy back their time during a special window that allowed for the practice.

Once the deadline was up, no one else could buy back time, he said.

"For whatever reason, the board waited until after the deadline to tell those people how much money they needed to pay," Mr. Robinson said. "But there was a deadline to ask to buy back time."

The firefighters now suing missed their chance, Mr. Robinson said.