LEGISLATIVE MEDIA: "PENA VOTES AGAINST RAISING HIS PENSION"

This story appeared in the weekend paper of Edinburg Review.

By DAVID A. DIAZ
Legislativemedia@aol.com

With an eye more to his reelection rather than his retirement, State Rep. Aaron Peña, D-Edinburg, was one of a minority of House members to vote against a bill that raises the pay of the states judges, but which also raises the pension for all Texas legislators.

Peña was the only Valley House member to register a “nay” vote against House Bill 11, by Rep. Will Hartnett, R-Dallas, that will increase the state pay for a state district judge from $101,000 to $125,000 annually.

The Edinburg lawmaker, an attorney by trade, does much of his practice before state district judges, but he voted against the judges’ pay raises because the HB 11 included a provision that increases legislators’ pensions each time they vote to give judges a pay raise.

Thirty years ago, state lawmakers put this provision into the state district judges’ salaries, which are set by the state.

If signed into law by Gov. Rick Perry, a legislator who has 12 years of service with the state, will be able to collect almost $35,000 in annual pension payments when they reach age 50.

That would represent a $6,431 per year raise in their annual pension for 12 years of service. The longer they serve, the higher their legislators’ pensions. Supporters of increasing the legislators’ pensions note that serving in the Legislature costs lawmakers a fortune in lost income.

This special session, which began in mid-June, means state legislators have been away from their businesses since early January, a tremendous financial burden for many of them.

None of the Valley House members, who are prolific in issuing news releases on their legislative work, issued any statements on the vote. In addition to Peña, 29 other House members voted against the judicial pay raise/legislator pension increase.
Nine other members registered present, but did not cast a vote.

There are 150 members in the House of Representatives. Several of the House members who opposed the bill entered their reasons into the official record. Some of their comments included the following statements:

“I favor a judicial compensation increase, but I do not favor linking that increase with an increase in legislative pensions,” eight House members said in a joint statement.

“I could not in good conscience vote to give myself a pension benefit increase without giving the teachers of Texas a pay raise first,” said Rep. Chuck Hopson, R-Jacksonville. He is a pharmacist.

Rep. David McQuade Leibowitz, D-San Antonio, who voted for the legislation, registered comments that illustrated the sensitive political spot in which most lawmakers found themselves.

“Judges in this state are often paid less than a first-year lawyer at large law firms and deserve a raise. Judges are responsible for making important and often life and death decisions, but many experienced, highly-qualified judges are leaving the bench because of the lack of compensation. I believe that a pay raise for judges is justified, and that is why I voted for HB 11.”

He noted that the House so far has failed to provide money for a teacher pay raise and failing to increase the multiplier for retired teachers during this education special session. But he then offered an unusual promise.

“I did not run for public office to get a retirement check. I knew the job paid $7,200 per year, and I am not interested in any pension increase that might result from this bill if I serve long enough to even qualify for a legislative pension,” he added.

But should he qualify for a pension from the state at a future point in time, the San Antonio veteran legislator said he would “not accept the increased pension benefits that result from HB 11 and will ask that the money be redirected to the Teachers’ Retirement System.”

Legislative Media reports on the major legislative issues that affect South Texans.