Proposal OKs lethal force to protect fetus

— A bill filed Tuesday aims to ensure that a pregnant woman has the right to use physical force, including deadly force, to protect her fetus.

It is one of several dozen to be introduced this week.

Sen. Gary Stubblefield, RBranch, said his Senate Bill 170 will “just give her a liability protection to defend her baby.”

He said a similar bill failed to clear the House Public Health, Labor and Welfare Committee two years ago.

Stubblefield said that Oklahoma and Wisconsin have enacted similar legislation.

He said he’s proposing the legislation because pregnant women are assaulted each year by “either a boyfriend who doesn’t want to take on a lifelong responsibility or a husband who is married [to another woman] and doesn’t want a wife to find out.” These men will assault the pregnant women by hitting them, and the women already have a right to defend themselves under state law,he said.

Under current state law, a person is justified in using physical force or deadly physical force to protect himself if he reasonably believes he is being threatened by illegal physical or deadly physical force.

Under SB170, a pregnant woman would be justified in using such force to protect her fetus if she reasonably believed the fetus was threatened.

“The pregnant woman is not obligated to retreat or surrender possession of property .... unless the pregnant woman knows she can avoid the necessity of using deadly physical force and simultaneously ensure the complete safety of her unborn child,” under the bill.

TEACHER RETIREMENT

SYSTEM RATE INCREASE

Another bill introduced Tuesday would allow the trustees for the Arkansas Teacher Retirement System to increase the amount they charge school districts and other system employers from 14 percent of employee payroll up to a maximum of 15percent.

Senate Bill 162 by Sen. Eddie Cheatham, D-Crossett, would allow the trustees to increase the 14 percent rate, effective July 1, if the system’s actuary projects that it would take more than 30 years for the system to pay off its unfunded liabilities.

System actuary Gabriel, Roeder, Smith & Co. of Southfield, Mich., told the trustees last month that the system’s projected period for paying off its unfunded liabilities exceeded 100 years on June 30.

The bill would require any rate increase above 14 percent of employee payroll to be paid by the state Department of Education. System officials have estimated that cost at about $28 million a year.

The legislation is part of the system’s legislative package that its executive director, George Hopkins, said is largely aimed at cutting costs and streamlining the system’s operations.

“We will make our best case for $28 million [in funds for the state Department of Education to pay for the rateincrease] starting July 1, 2013, and after that July 1, 2014,” Hopkins said Tuesday.

“Despite our best case, it is doubtful the state budget will make room for the increase on July 1, 2013, or July 1, 2014,” he said.

The system will work to provide “an extremely strong case” for why legislation should be passed at least authorizing the increase by July 1, 2015, Hopkins said.

The system “really needs at least a starting time of July 1, 2015, to not target member benefits to make up all the ground to a better funded status,” he said.

Without the increased funding, or a surge in stocks, the system will be underfunded.

A 17 percent investment return in this fiscal year would bring the system back to about a 30-year period for paying off unfunded liabilities on June 30, 2013, Hopkins said.

“For now, our only additional pot of gold is continued strong earnings in ATRS [Arkansas Teacher Retirement System] investments,” he said.

Front Section, Pages 6 on 01/30/2013

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