Simpson v State of Alaska
Alaskan Senior Citizens File Suit to Force State to Continue Longevity Bonus Program
A class action has been filed against the state of Alaska and its governor, Frank Murkowski, on behalf of Alaskan senior citizens who allege that the state made a legal obligation to Alaskan seniors when it created the Longevity Bonus program in 1972, and when it agreed to phase out the program in 1993—an obligation that can't be crossed out with a line-item veto pen. The action seeks an order that will reinstate the program for those recipients who are currently eligible for bonus checks.
The action alleges that the promise amounts to a contract, and the governor's line-item veto of the $46 million program last year does not exempt the state from its legal obligation. The bonus apparently provided some 18,000 seniors with payments averaging something over $2,500 per year.
Helen Simpson, 84, of Anchorage, is one of the plaintiffs named in the lawsuit. She alleges that the governor's action betrays those who have become dependent on the monthly checks. The action translates her anger into legal arguments that could test the governor's line-item veto authority.
Since the state legislature never got rid of the program, a court order overturning the veto would essentially restart it. The governor's action merely crossed off the money for it in the budget— it is still authorized in state law, just not funded. Restarting the program would mean a continuing cost to the state of $46 million a year, which would diminish as participants in the program pass away.
