image
SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
This just in… Illinois Supreme Court consolidates pension cases in Sangamon County

Monday, Mar 3, 2014

* 10:42 am - The Illinois Supreme Court has ruled that all four pension reform lawsuits are to be consolidated and will be heard by a Sangamon County judge. The ruling is here.

Discuss.

- Posted by Rich Miller        


40 Comments
  1. - facts are stubborn things - Monday, Mar 3, 14 @ 10:47 am:

    proper venue


  2. - Anonymous - Monday, Mar 3, 14 @ 10:48 am:

    out with the new in the old?


  3. - I B Strapped - Monday, Mar 3, 14 @ 10:51 am:

    Thanks Rich for posting that.


  4. - G'Kar - Monday, Mar 3, 14 @ 10:59 am:

    Did the SUAA file their suit in Champaign County Friday?


  5. - veritas - Monday, Mar 3, 14 @ 11:02 am:

    Any knowledgeable insight regarding what this means going forward?


  6. - Obamas Puppy - Monday, Mar 3, 14 @ 11:04 am:

    Surprising


  7. - Norseman - Monday, Mar 3, 14 @ 11:05 am:

    At least 3 out of the 4 litigants are happy. IRTA was against consolidation and they wanted Cook as the venue.


  8. - Roadiepig - Monday, Mar 3, 14 @ 11:05 am:

    I agree with facts are stubborn things - get it out of the Cook county court system and hear it in Springfield. Should move it along to the Supremes quicker, with less likelihood of different results for each separate case. Good for all on both sides of the issue.


  9. - Langhorne - Monday, Mar 3, 14 @ 11:19 am:

    Makes sense to consolidate. Who is representing the state? Someone from lisa’s office, or expensive outside counsel?

    My crystal ball (purchased years ago) reveals these fears: if the decision throws out the pension bill, we may end up w the cullerton “health care or annual adjustment coercive approach”, then another lawsuit.

    If the decision tells the state to “pay up”, that may be used by some to push a progressive income tax, which would require all dem votes–esp difficult bec it is a CA, also requiring voter ok. More likely would be expansion of sales tax base, or expansion of income tax base, going after retirement income.

    The whole thing gets murkier if rauner wins. No easy choices


  10. - A guy... - Monday, Mar 3, 14 @ 11:27 am:

    That’s the second most important thing with regards to this case. Stay tuned for the most important.


  11. - Former Merit Comp Slave - Monday, Mar 3, 14 @ 11:30 am:

    A guy……Maag ruling?


  12. - Liberty First - Monday, Mar 3, 14 @ 11:36 am:

    hmm, the ruling says Supreme Court Rule 384 (commonality) is applied in part. So it sounds like the constitutional question will be considered as a framework to guide law and lawsuits in the future. I would interpret this as a win for employees and pensioners given past court rulings.


  13. - Norseman - Monday, Mar 3, 14 @ 11:47 am:

    === - G’Kar - Monday, Mar 3, 14 @ 10:59 am:

    Did the SUAA file their suit in Champaign County Friday? ===

    If they haven’t they might as well drive to Springfield to file.


  14. - girllawyer - Monday, Mar 3, 14 @ 12:26 pm:

    So how is it decided which of the 3 Sangamon County judges assigned to the individual cases gets the consolidated case? Does anyone know? Does the Chief Judge of Sangamon County (Graves) decide?


  15. - Capitol View - Monday, Mar 3, 14 @ 12:27 pm:

    judicially activate retired associate judge Stu Shiffman to take on the case in the Sangamon County court!


  16. - G'Kar - Monday, Mar 3, 14 @ 12:28 pm:

    SUAA claims their law suit is substantially different from the others because SURS already has a self managed plan as an option and they are the only one with a Money Purchase Plan that will lose value under SB 1.


  17. - RNUG - Monday, Mar 3, 14 @ 1:01 pm:

    Although you can never be sure, I expected at least 3 of the 4 to be consolidated in Sangamon County. As others have noted, it will get to the Supremes quick than goign through Cook. We all know it will be a landmark decision and it’s better it doesn’t start with a political taint to it.


  18. - Toure's Latte - Monday, Mar 3, 14 @ 1:11 pm:

    and away we go. I look forward to the commentary here.


  19. - wordslinger - Monday, Mar 3, 14 @ 1:13 pm:

    RNUG, as far as “political taint” goes, I’m pretty sure all judges are elected, lol. Given the electorate in Sangamon, the taint might go your way.


  20. - Mouthy - Monday, Mar 3, 14 @ 1:37 pm:

    Yea! says the SERS retiree…


  21. - VanillaMan - Monday, Mar 3, 14 @ 1:59 pm:

    This may force some of our statewide elected officials into visiting Illinois’ capital city.


  22. - Anonymous - Monday, Mar 3, 14 @ 3:06 pm:

    girllawyer, they usually split civil by odd case numbers go to one, evens to the other. and the chief judge picks the fun ones :)


  23. - RNUG - Monday, Mar 3, 14 @ 3:14 pm:

    - wordslinger - Monday, Mar 3, 14 @ 1:13 pm:

    Yeah, all the judges are elected but the ones here in Sangamon County haven’t been painted with quite the same tar brush as the Cook County ones.


  24. - RNUG - Monday, Mar 3, 14 @ 3:20 pm:

    As most of you know, I’ve thought this whole “pension reform” was a political game to be able to blame the ISC for atax increase.

    I got to thinking over lunch if a Sangamon County Judge were to find the law unconstitutional and the State then appeals to the Supreme Court, that the ISC could just decide it was already properly decided and not take the case, in effect affirming the trial level decision and opting out of (Madigan’s?) “blame game”. So the case could end up being decided with a wimper instead of a bang.


  25. - wordslinger - Monday, Mar 3, 14 @ 3:24 pm:

    –Yeah, all the judges are elected but the ones here in Sangamon County haven’t been painted with quite the same tar brush as the Cook County ones.–

    I haven’t noticed any lack of politics in Sangamon County, lol.

    No biggie. Whatever gets it to the Supremes the fastest is a-ok with me.

    And as someone in the private sector who enters into a lot of contracts — and lives up to my end of them — I’m confident they’ll do the right thing.


  26. - I B Strapped - Monday, Mar 3, 14 @ 3:50 pm:

    RNUG @3:20-Works for me!


  27. - Me1 - Monday, Mar 3, 14 @ 4:03 pm:

    After reading all the comments, bottom line, is this consolidation and the Springfield site good or bad for us petitioners?


  28. - Demoralized - Monday, Mar 3, 14 @ 4:09 pm:

    ==is this consolidation and the Springfield site good or bad for us petitioners==

    If you think judges are influenced by politics, the cynical person would say it’s good because these judges are elected in a county that is heavily populated with state employees.


  29. - gesquire - Monday, Mar 3, 14 @ 4:14 pm:

    RNUG@3:20
    Plus consolidating in Sangamon Co. gets a Cook County judge off the hook.


  30. - Walker - Monday, Mar 3, 14 @ 4:26 pm:

    I doubt any location bias and believe we will get a good ruling in either place.

    If there were any bias, it would be in favor of the plaintiffs in Springfield, surrounded by state employees.


  31. - Mama - Monday, Mar 3, 14 @ 4:36 pm:

    Remember we lost in the Sangamon Co court with the Insurance Premiums lawsuit. I hope we get a different judge this time around.


  32. - gesquire - Monday, Mar 3, 14 @ 4:46 pm:

    If that judge is assigned, I think the plaintiffs might ask for a change of judge.


  33. - RNUG - Monday, Mar 3, 14 @ 6:22 pm:

    Honestly, even though I prefer Sangamon, I don’t think the venue will make much difference other than the speed of the case. Of course, the judge can make a difference primarily on how much he already knows (as opposed to has to research) about the issues (contract modification, state pension constitutional law) but, again, that will also be more about how fast the case moves. While IL case law isn’t 100% in favor of the retirees, it is probably tilted somewhere between 90% and 95% that way.

    The Kanerva / Maag trial level ruling, IMO, went out of the way to find a justification for ruling in favor of the State; someday we’ll know if that decision was right or wrong.

    I don’t think whatever judge gets assigned to the “pension reform” case will be able to find a loophole … but that’s why we have lawyers and judges, to find the loopholes … so we have to wait and see on that one also.


  34. - enquiring mind - Monday, Mar 3, 14 @ 9:49 pm:

    Probably a silly question, but does this mean that there will be one judgment which will be effective for both retirees & active employees or could a judge rule differently for retirees under the old plan vs. active retirees which will retire under the new plan?


  35. - Just The Way It Is One - Monday, Mar 3, 14 @ 10:05 pm:

    Just as I voted for in a recent Q. of the Day, and, I believe, the Majority of those polled did so concur. Good. Wherever. Let’s get on with it, and I hope the Court acts expeDITIOUSly, seeing how much is obviously at stake for Illinois Government, not to mention the thousands of employees and their families awaiting this critical, initial, Trial-Court level Ruling, because as we all know, there’ll be more to COME after that “Lead-off Man/Hitter” is through with his at-bat at it…!


  36. - Yellow Dog Democrat - Monday, Mar 3, 14 @ 10:44 pm:

    RNUG:

    This case is kinda like a Cubs home game: probably not much to see, but we will watch just in case anything exciting happens, at least as long as there is beer.

    Truthfully, the arguments on both sides have been aired pretty publicly, and we aren’t really expecting much in the way of facts that we don’t already know.

    The similarities to medical malpractice are pretty eerie.

    I do not think the Supreme Court would pass on the case out of politics, but if it is their intent to strike it down they should not dally.

    Someone mentioned passing the Cullerton bill if this one crashes…do not bet on it…that one passed overwhelmingly with union support…I doubt the unions will support it if this one is struck by the courts.


  37. - RNUG - Tuesday, Mar 4, 14 @ 1:07 am:

    YDD,

    I agree the old Cullerton bill would probably be DOA after a retiree win. And to be clear, it was the union leaders, not necessarily the rank and file, supporting that bill.


  38. - RNUG - Tuesday, Mar 4, 14 @ 1:35 am:

    - enquiring mind - Monday, Mar 3, 14 @ 9:49 pm:

    Painting with just a broad brush, there are a whole bunch of differently situated classes involved in the various lawsuits. Just to name the obvious: ERI / non-ERI, retired / still employed, normal / level-payment, SURS normal vs cash balance, and one category I don’t think anyone has included - no longer working for the State but vested and eligible for a pension once they reach the required age. Each one of those categories have a different level of diminishment attached. You start slicing and dicing all that up, it could take a while to reach a decision and even longer to write it.

    Ideally, it will be a simple ruling the law is unconstitutional, period, due to diminishment and the pension clause protection, which, IMO, should be able to be arrived at fairly quickly.

    But if a court buys into the financial emergency / police powers argument or a court buys the consideration offset argument, that could lead to the slicing and dicing where you have to get into the minutia of each situation. Going that route could end up with a 200 page ruling which, any time it gets that complicated, usually makes for bad case law and just invites future lawsuits.

    So, to directly answer your question, I could envision a judge reaching different decisions for different classes, but I don’t see it being too practical in this case. I’m guessing the court will be pragmatic and just issue one broad decision.


  39. - facts are stubborn things - Tuesday, Mar 4, 14 @ 7:09 am:

    I suspect the court will be eager to send a message to the other branches of government, that the IL Constitution is not to be disregarded. I think Arizona ruling is a likely result in Illinois.


  40. - Vanthony - Tuesday, Mar 11, 14 @ 6:06 pm:

    I’m one of those different “classes”. Worked briefly in the private sector, paying social security, then several years in SERS, and then retired with about 30 years in TRS. So I collect my pension from SERS & TRS, plus a whopping $244 a month from Social Security. Sofar I think I understand everything and how it effects me, but now comes Medicare and TRAIL and the health insurance issues. Thank God for my union and competent state employees, and hopefully honest judges.


Sorry, comments for this post are now closed.


* *** UPDATED x1 - Rauner response *** Unions file suit over Rauner executive order
* Could Schneider face a primary foe?
* *** UPDATED x1 - Manar responds *** Madigan creates school funding task force
* Today's number: $1.8 billion
* Question of the day
* Editorial: "Don't fall for Exelon bailout"
* IDOT hiring monitor issues first report
* The Key to Lowering Workers’ Compensation Costs is Insurance Transparency and Oversight
* Under the bus he goes
* Learning the wrong lessons
* Rauner blasts "outrageous" lack of action
* *** LIVE *** Session coverage
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

          
        * Possible HTC One M9 Plus pics return, reveal hardware changes
        * HotelTonight CEO Sam Shank Will Join Us At Disrupt NY
        * Pay what you want for expert web design training [DEALS]
        * Google overhauls Gmail app with key iOS 8 features
        * Google Compare for Car Insurance launched in the US
        * A Closer Look At Canonical’s Ubuntu Phones
        * Google’s MVNO service could be limited to Nexus 6 at launch

        * Book National Park Guided Tours Now for Summer Travel
        * Deadspin Patriots, Rays, SF Giants Petition Supreme Court To Back Gay Marriage | Gawker Girls Who St
        * FTC’s Brill sees consumer consent as key for health, finance apps
        * ​The Secret to Microwaving Day-Old Pizza So It Still Tastes Fresh
        * Apple finally joins the Dow, AT&T out
        * Decentralized webmail contender Mailpile scraps beta, takes break
        * The Queen of Jordan: Social media can show an Arab world beyond ISIS

        * Tim Anderson's Cactus League debut reflects reports
        * Crain progressing toward live batting practice
        * Danks' experience shaping his approach on mound
        * Abreu, Alexei add to spring hit total in Sox loss to LA
        * Pierzynski's quick thinking sent '05 White Sox on their way
        * Anderson focused in return opportunity with White Sox
        * Visitation, services for Minoso on Friday, Saturday

        ...............


        Main Menu
        Home
        Illinois
        YouTube
        Pundit rankings
        Obama
        Subscriber Content
        Durbin
        Burris
        Blagojevich Trial
        Advertising
        Updated Posts
        Polls

        Archives
        March 2015
        February 2015
        January 2015
        December 2014
        November 2014
        October 2014
        September 2014
        August 2014
        July 2014
        June 2014
        May 2014
        April 2014
        March 2014
        February 2014
        January 2014
        December 2013
        November 2013
        October 2013
        September 2013
        August 2013
        July 2013
        June 2013
        May 2013
        April 2013
        March 2013
        February 2013
        January 2013
        December 2012
        November 2012
        October 2012
        September 2012
        August 2012
        July 2012
        June 2012
        May 2012
        April 2012
        March 2012
        February 2012
        January 2012
        December 2011
        November 2011
        October 2011
        September 2011
        August 2011
        July 2011
        June 2011
        May 2011
        April 2011
        March 2011
        February 2011
        January 2011
        December 2010
        November 2010
        October 2010
        September 2010
        August 2010
        July 2010
        June 2010
        May 2010
        April 2010
        March 2010
        February 2010
        January 2010
        December 2009
        November 2009
        October 2009
        September 2009
        August 2009
        July 2009
        June 2009
        May 2009
        April 2009
        March 2009
        February 2009
        January 2009
        December 2008
        November 2008
        October 2008
        September 2008
        August 2008
        July 2008
        June 2008
        May 2008
        April 2008
        March 2008
        February 2008
        January 2008
        December 2007
        November 2007
        October 2007
        September 2007
        August 2007
        July 2007
        June 2007
        May 2007
        April 2007
        March 2007
        February 2007
        January 2007
        December 2006
        November 2006
        October 2006
        September 2006
        August 2006
        July 2006
        June 2006
        May 2006
        April 2006
        March 2006
        February 2006
        January 2006
        December 2005
        April 2005
        March 2005
        February 2005
        January 2005
        December 2004
        November 2004
        October 2004

        Blog*Spot Archives
        November 2005
        October 2005
        September 2005
        August 2005
        July 2005
        June 2005
        May 2005

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * Mayors meet to discuss proposed state funding cuts..
        * Train carrying Bakken crude derails, burns in I.....
        * Rauner's budget aims to run transit funding off.....
        * Report Blasts IDOT Hiring..
        * Red wig bank robber busted..
        * Unions Sue Rauner Over Order Blocking “Fair Sha.....
        * Report: Higher levels of salt in NJ water..
        * Train carrying crude oil derails, burns in Illi.....
        * Madigan creates task force to examine school fu.....
        * Madigan joins push for school funding overhaul..


        * Unions ask federal judge to dismiss Rauner lawsuit over dues
        * Legislation would make pumpkin Illinois' official state pie
        * Illinois oil train derailment involved safer tank cars
        * Lindenwood student accused of sexual assault
        * CTA reports overall ridership dropped 3 percent last year
        * Fans, relatives to pay respects to White Sox star Minoso
        * Belleville woman, 68, dies following house fire
        * Remains of 2 babies put in ceiling at Indiana funeral home
        * BNSF freight train derails near Galena

        * Senate Democrats criticize salaries in governor's office
        * House forms education funding task force
        * Unions sue to block Rauner's order on dues collection
        * Lawmakers propose increasing state's earned income tax credit
        * Local men plead guilty to stealing millions from Illinois EPA
        * Report: State budget cuts would harm children in poverty
        * Court monitor says IDOT should clean house on hiring rules
        * Senate President Cullerton: We're not stalling
        * Judge grants delay of medical marijuana permit in Kankakee

        * CTA ridership dropped 3 percent last year
        * Bored by golf and cancer cured, AbbVie CEO Gonzalez came back to work
        * Why Ken Griffin hated one of his first jobs
        * Not the Ken Griffin story you were expecting
        * Train hauling 103 oil cars derails outside Galena


          * Right-to-work debate enters final hour in Wisconsin Assembly
          * Central time advocates try to restart Indiana clock debate
          * After record cold overnight, let the warm-up begin
          * Cab driver stabbed during robbery in West Rogers Park
          * Woman says ex-boyfriend disguised himself before sexually assaulting her
          * Girl meets Austrian stem cell donor who helped her beat cancer
          * Train carrying crude oil derails close to Mississippi River near Galena
          * Funeral home could face suspension after babies' remains discovered
          * Another smash and grab at Oakbrook Center
          * Iowa man forced third teen into prostitution, authorities say


          * Listen to State Week - February 27, 2015
          * Unions Take Rauner To Court
          * Art Beat: Three Art Shows & Rock N' Roll
          * Parents, Day Care Providers Worry About Child Care Funding
          * Full Audio: Poetry Out Loud - Central IL Regional Contest 2015
          * Let's Talk Kids - "A Shot in the Arm"
          * Lincoln Carriage Headed To DC
          * "Don't Get Used To This" Breezy Budget Hearing
          * Lawmaker Suggests Eliminating Tuition Waivers For University Employees' Children
          * Sexting Laws Could Be Added to School Handbooks


          * Our Opinion: Will Schock drown in the drip, drip, drip?
          * David E. Miller: New hepatitis C treatments save lives, reduce expensive complications
          * E.J. Dionne: The Bibi-Boehner coalition
          * Esther Cepeda: The importance of Chicago's Latino vote
          * Senate Democrats criticize salaries in governor's office
          * Quote of the Day: Thursday, March 5, 2015
          * House forms education funding task force
          * Unions sue to block Rauner's order on dues collection
          * Lawmakers propose increasing state's earned income tax credit
          * Local men plead guilty to stealing millions from Illinois EPA


          * Five things to do: There is no rhyme or reason this weekend, just dive in
          * Bitter cold across much of the Corn Belt
          * News-Gazette's Tom Kacich 3/6/2015
          * Does new mayor impact city staff?
          * LIVE: UNOFFICIAL 2015
          * The Fit List
          * Two shot outside Brooklyn strip club
          * One more chilly day, then we’re in for a warmup
          * Can't ignore Bibi's warning
          * Danville sets kindergarten pre-registration


          * Bach: IOC doesn't always agree with host country politics
          * Illinois oil train derailment involved safer tank cars
          * 8-year-old leukemia survivor meets her stem cell donor from Austria
          * Dollar surges after another strong US jobs report
          * Not much intelligence, artificial or otherwise, in 'Chappie'

          * Brauer replacement to be sworn in Tuesday
          * National Review’s Rick Lowry and His Phony...
          * US lawmakers condemn Boko Haram’s terroris...
          * EMILY's List Gala: Hillary Clinton Hosts a...
          * Bob Clifford Named One of 100 Most Powerfu...
          * Hillary Clinton Ignores Email Controversy ...
          * Bustos urges VA to improve access to care ...
          * WATCH: Hillary Clinton Speaks at Emily’s L...
          * Area congressmen lobby hard for nuclear in...
          * Delegation goes to bat for Exelon

          * Durbin wants expanded care for veterans...
          * President Obama Is Proposing A New Way To ......
          * Bibi’s speech is in the Dems’ Box Canyon...

          * Rudy Giuliani, Susan Collins, Mark Kirk As......
          * More than 300 Republicans ask Supreme Cour......
          * Will the Senate weigh in on Iran negotiati......

          * Illinois Watchdog Radio - Live on IR
          * UPDATE x1: WLS dumps more conservative talk show hosts - including Rush Limbaugh
          * Parents express opposition to U.N. Convention on the Rights of the Child
          * UPDATE x1: WLS dumps more conservative talk show hosts
          * February, 2015 political map of Chicago.
          * Illinois’ opt-out bill. Updated.
          * Karl Gabby: Rahm is a slasher and a privatizer.
          * Walter Esler: We don’t count.
          * Spring Back On Sunday
          * The Beachwood Radio Sports Hour #40: West Side Stories


          * Statewide Financial Aid Workshops Help Improve Illinois FAFSA® Completion Rates - Illinois Student Assistance Commission Encourages Students to Continue to Complete Their FAFSAs
          * White-Nose Syndrome Found in Four Additional Illinois Counties - Disease That Has Killed Millions of Bats in North America Confirmed For First Time in Union, Saline, Johnson and Jackson Counties
          * IDHR Introduces Training on Preventing Pregnancy Discrimination in the Workplace - Program will focus on proactive compliance with new law
          * IEMA Urges People to Prepare for Severe Weather - Tornadoes, floods and severe storms can happen any time of year
          * IDHS helps more than 5,000 individuals with disabilities find jobs - Program offers necessary tools to earn a living wage and become more independent




              Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller