Originally posted by: LiveFreeNW
Yes. Federal law supersedes state law, but only in matters that Congress has the constitutional power to legislate.
Those are listed in article 1 section 8.
The Pension Protection Act amended ERISA
The funding requirements are codified in 26 USC 412
Government pensions are clearly exempt.
2)Exceptions
This section shall not apply to........
(C)any governmental plan (within the meaning of section 414(d)),
https://www.law.cornell.edu/uscode/text/26/412
There is likely a State law that requires pension funding.
Re such a state law: I know of no instance wherein a state--any state--is required to keep a shoebox where the pension fund, or the ice cream fund, or the gray squirrel preservation fund, must be kept. The law in such cases is that the state must fund (pension) payments when they come due.
It's not unlike Social Security. Many people do indeed think there's a shoebox with their name on it deep in an underground vault somewhere, but the truth is that the "funding" of Social Security is simply an ironclad promise to pay those benefits to eligible recipients. And frankly, everybody's fine with that promise. And that approach means that instead of a mountain of money stagnating somewhere, those funds can be put to use TODAY.
I know conservatives think that this was the death of our way of life, when we moved from hard currency to fiat currency, and when we moved from shoeboxes to promises. But I'm fine with that, because our government's promises still mean something (Trump notwithstanding). They say they'll pay my SS, I believe they will. They say that my dollar bill is and will remain legal tender, I trust them.
So the issue comes down to: should NYC citizens extend the same level of trust to their municipal government?
The answer is clear, though kind of back-door. We buy T-Bills because we consider them to be extremely safe investments. The flip side of that is that if T-Bills become worthless or devalued, we'll be having a lot worse problems than that, and the loss of those investments will be small beer compared to whatever else is going wrong. Similarly, if NYC goes bankrupt and can't pay its pension recipients, the whole place will be in a world of hurt, and that will be the least of its problems. So they should be trusted to pay the pensions to eligible recipients, one way or another.