Tag: Illinois Supreme Court

Bruce Rauner pushing more unconstitutional pension theft bills in Illinois

Republican Governor Bruce Rauner is publicly pushing for more pension theft legislation here in Illinois, despite the fact that the legislation appears to blatantly violate the Illinois Constitution:

Gov. Bruce Rauner on Wednesday announced a massive pension overhaul bill that he said would save billions of dollars while incorporating reform ideas from various leaders.

The lengthy bill — all 500 pages of it — would cut retirement benefits for police officers, firefighters and public teachers. It would also give local governments a way to file for bankruptcy “as a last resort” after a review or the declaration of a fiscal emergency.

Cutting pension benefits that have already been guaranteed to our state’s public employees is explicitly unconstitutional, according to Article XIII, Section 5 of the our state’s constitutional, which states the following:

Membership in any pension or retirement system of the State, any unit of local government or school district, or any agency or instrumentality thereof, shall be an enforceable contractual relationship, the benefits of which shall not be diminished or impaired.

The Illinois Supreme Court unanimously ruled earlier this year that a pension theft bill signed into law by then-Democratic Governor Pat Quinn in 2013 violates the Illinois Constitution because it cut pension benefits that are supposed to be guaranteed to those who are currently publicly employees once they retire. Bruce Rauner, State Senate President John Cullerton, and Cook County Board President Toni Preckwinkle are supporting more pension theft legislation that is likely to get struck down by the courts for cutting constitutionally-guaranteed pension benefits to our state’s public employees. While our state has a major pension debt problem, it should be dealt with without cutting benefits to current public employees and retirees.

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Illinois Supreme Court UNANIMOUSLY throws out pension theft scheme

This is a couple of days old, but I have great news to share:

The Illinois Supreme Court on Friday unanimously ruled unconstitutional a landmark state pension law that aimed to scale back government worker benefits to erase a massive $105 billion retirement system debt, sending lawmakers and the new governor back to the negotiating table to try to solve the pressing financial issue.

The ruling also reverberated at (Chicago) City Hall, imperiling a similar law (Chicago) Mayor Rahm Emanuel pushed through to shore up two of the four city worker retirement funds and making it more difficult for him to find fixes for police, fire and teacher pension funds that are short billions of dollars.

At issue was a December 2013 state law signed by then-Democratic Gov. Pat Quinn that stopped automatic, compounded yearly cost-of-living increases for retirees, extended retirement ages for current state workers and limited the amount of salary used to calculate pension benefits.

The Illinois Supreme Court unanimously struck down the pension theft scheme despite Democratic Illinois Attorney General Lisa Madigan basically arguing that politicians don’t have to abide by the Illinois Constitution, which contains provisions protecting the pension benefits that our state’s public employees pay into one of several public employee pension systems, if there’s a significant pension shortfall. The Illinois Supreme Court, which has four Democrats and three Republicans, ruled unanimously that the provisions of Illinois Constitution pertaining to public employee pensions do, in fact, apply to politicians who try to screw over retirees.

Make no mistake about it, the fight against the Quinn-Rahm-Ranuer pension theft scheme is far from over.