SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
County Teasurer ruling darkens pension bill future

Friday, Apr 25, 2014

Posted by Barton Lorimor (@bartonlorimor)

* If you’re counting on the state pension bill to survive the Constitutionality test, thi certainly doesn’t help…

In a case with implications for the upcoming legal battle over pension reform, an Illinois appellate court in Springfield ruled that constitutional protections prevent the state from reducing mandated payments to county treasurers.

The pension protection clause of the Illinois Constitution, which says that workers’ retirement benefits can’t be diminished, is at the heart of lawsuits challenging statewide pension changes enacted late last year.

While the county treasurers’ case relies on other language in the constitution, the appellate court’s decision yesterday is analogous, using the same legal arguments and precedents that teachers and other state workers are pressing in court against pension reform.

“It supports the arguments we have been making and will continue to make,” said John Fitzgerald, partner in Chicago law firm Tabet DiVito & Rothstein LLC, which represents retired teachers and school administrators, both active and retired, in a suit challenging the pension law.

Under Illinois law, county treasurers are supposed to get an annual $6,500 stipend from the state. The treasurers sued when their annual stipends were reduced to $4,196 in the year ended June 30, 2010.

The state even pointed to a shortage in the General Assembly’s appropriation, but that argument didn’t get them anywhere.

* A pension round-up…

* Sun-Times: Reject firefighter staffing bill: Why then, we can only wonder, is the Illinois Legislature seemingly so eager to get behind a bill that would give labor unions more say in how many firefighters and paramedics a town must hire? The bill would take hiring decisions, in part, out of the hands of those best positioned to decide right — elected officials, village managers and other professional staff. And the bill would drive up costs for dozens of already cash-strapped suburbs and towns. (Want to guess how often the firefighters union in a typical town thinks there are enough firefighters?) The bill in Springfield — already passed by 63-44 in the House and headed for Senate — would make firefighter staffing levels part of labor contract negotiations. The Senate should pour water all over this one. Drown it.
http://chicago.cbslocal.com/2014/04/24/study-firefighters-more-susceptible-to-cancer/

* Mayor Emanuel criticized for proposed property tax hike

* Argus: For mayors, governors, opposites attract

- Posted by Barton Lorimor        


33 Comments
  1. - Archimedes - Friday, Apr 25, 14 @ 12:00 pm:

    The appellate decision is not unlike the previous ISC decision where Blago attempted to short the judges during their term.

    In reading the comments to the article in Crains, I am amazed at how people still don’t understand the problem. The unfunded liability of $96 billion is money owed for pension credit for service already performed - you can never change that without offer and acceptance. You can’t change the constitution in the present (some propose an amendment altering the pension clause) and eliminate the debt incurred from past service - that is prohibited by State and Federal constitutions (no ex post facto law).


  2. - VanillaMan - Friday, Apr 25, 14 @ 12:13 pm:

    There will need to be another way to handle this debt load. Between the sacred cows surrounding it and the state constitution protecting it, there will need to be another way of handling this debt.

    What if we had a governor who understood high finance, instead of patronage? Hmmmm….


  3. - PublicServant - Friday, Apr 25, 14 @ 12:15 pm:

    What if we had a governor and legislature who understood the State and Federal Constitutions? Hmmmmmm…


  4. - PublicServant - Friday, Apr 25, 14 @ 12:18 pm:

    ===There will need to be another way to handle this debt load.===

    Pay it by eliminating the State’s structural deficit might be legal, but I’m not a lawyer.


  5. - Norseman - Friday, Apr 25, 14 @ 12:32 pm:

    This is another sideshow for the main event. As Archimedes points out, there has been a Supreme Court ruling that dealt with this type of issue.


  6. - Precinct Captain - Friday, Apr 25, 14 @ 12:34 pm:

    “What if we had a governor who understood high finance, instead of patronage? Hmmmm….”

    But Bruce Rauner is a salesman, not an analyst, as he himself says, so who are you referring to? Third party candidates?


  7. - Norseman - Friday, Apr 25, 14 @ 12:37 pm:

    === What if we had a governor who understood high finance, instead of patronage? Hmmmm…. ===

    What if we had a General Assembly and Chief Executive who could read the constitution and understand that it’s meant to be followed? If they had, they could have worked on a real solution to the problem.


  8. - Frenchie Mendoza - Friday, Apr 25, 14 @ 12:57 pm:

    If this is the case — and it’s no surprise of course given the language in the constitution — how can Rauner with a straight fae continue to claim that he’ll force all *current* employees into 401k?

    Obviously, he’s using the claim to gain votes — but he can’t be serious about actually doing it. And if he is — if he is serious — he’s mad. If a 401K is *not* a diminishment, I don’t know what is.


  9. - Mason born - Friday, Apr 25, 14 @ 1:13 pm:

    Frenchie

    I’ve always wondered if the Forced is more i’ll offer you a deal you can’t refuse.


  10. - Frenchie Mendoza - Friday, Apr 25, 14 @ 1:15 pm:

    I suspect he’s considered the I’ll-fire-all-state-employees-and-then-rehire-them under new retirement rules.


  11. - dupage dan - Friday, Apr 25, 14 @ 1:25 pm:

    First Arizona and now this. Can Quinn still call this an up day? If you are a state employee (include me in that) how can you have many positive thoughts about him? If you are a retired state employee how can you consider voting for him? I know folks can say Rauner hates unions and all that. But with Quinn, there are real statements. Real actions. Not just words but deeds.


  12. - PublicServant - Friday, Apr 25, 14 @ 1:36 pm:

    DD, I always vote, so I’m not staying home. I loathe the idea of voting for Quinn, but I’d rather vote FOR the goof I know, rather than the alternative, when the alternative is attempting to make a mockery of our democracy by buying the office. That, to me, is the most important consideration. Secondly, when you vote, you can’t vote against someone, you have to vote for someone. Even if I could get by the his attempt to purchase the office, there’s nothing, absolutely nothing to vote FOR in him.


  13. - Cowboy - Friday, Apr 25, 14 @ 1:45 pm:

    Related to Archimedes above - another of those often-overlooked issues that is quite relevant to “the problem” - do an Internet search for “Illinois legislator compensation” and see what you find. Then compare with every state that shares a border with Illinois. And who are the next highest? Oops - Michigan and Wisconsin. Is there a pattern here related to fiscal messes at the state level?


  14. - UIC guy - Friday, Apr 25, 14 @ 1:48 pm:

    @Frenchie If he gives people the choice between 1. losing their jobs but keeping the (pre-December 2013) retirement benefits already ; and 2. being rehired under a much less favorable retirement plan (backdated to when they started working for the state) —if that’s the choice then we’re going to see a huge rush for the exits.

    @PublicServant: I’m with you on this. Many votes you have to hold your nose to cast, and voting for Squeezy would take a tighter squeeze than most, but what’s the alternative?

    @ Everyone: any news/rumors about Maag?


  15. - Geronimo - Friday, Apr 25, 14 @ 1:49 pm:

    Maybe all the blatant defiance of the constitution along with (the 2) farcical candidates explains,in part, why Illinoisans feel so negatively about our state. Where are the decent, moral politicians?


  16. - dupage dan - Friday, Apr 25, 14 @ 1:51 pm:

    PS === when the alternative is attempting to make a mockery of our democracy by buying the office ===

    You mean like when Quinn blew $50 million bucks on a fubar crime program just before the last election?

    I understand the frustration, believe me. I have been in state service 24 years and am tired of it. The only difference I see here, frankly, is that Quinn is actually DOING it, while Rauner is just SAYING it. Folks say all kinds of things in order to get elected and then - POOF - they get into office and things can change. Problem is, not always for the better. The bird in the hand is inedible. The bird in the bush will kill you. Nice choice, huh?


  17. - AFSCME Steward - Friday, Apr 25, 14 @ 1:56 pm:

    Cowboy

    “Then compare with every state that shares a border with Illinois. And who are the next highest? Oops - Michigan and Wisconsin. Is there a pattern here related to fiscal messes at the state level?”

    Michigan doesn’t share a border with Illinois.


  18. - anon - Friday, Apr 25, 14 @ 1:57 pm:

    Illinois Supreme Court usually announces opinions a few days in advance. Go to home page on website and click on “anticipated Opinions” on the left. No Maag yet but keep checking. http://www.state.il.us/court/default.asp


  19. - anon - Friday, Apr 25, 14 @ 1:59 pm:

    If Maag rules that health benefits are not constitutionally protected, the line of authority relied on in the treasurer case will not apply.


  20. - Norseman - Friday, Apr 25, 14 @ 2:01 pm:

    === I suspect he’s considered the I’ll-fire-all-state-employees-and-then-rehire-them under new retirement rules. ===

    LOL. Nice snark.


  21. - Norseman - Friday, Apr 25, 14 @ 2:08 pm:

    === If Maag rules that health benefits are not constitutionally protected, the line of authority relied on in the treasurer case will not apply. ===

    Please explain. Before I agree or disagree, I want to understand your point.


  22. - Skeptic - Friday, Apr 25, 14 @ 2:23 pm:

    “Michigan doesn’t share a border with Illinois.” If I’m not mistaken, it does. You just have to get wet to see it.


  23. - anon - Friday, Apr 25, 14 @ 2:32 pm:

    In stating that the separation of powers doctrine could not stop the courts from issuing an order requiring the State to pay the treasurer stipend despite lack of appropriation, the court limited its holding to matters protected by the constitution. In other words, if an adverse ruling in Maag is based on a finding that health benefits do not fall within the pension clause or another provision of the Illinois constitution, that opinion may have little impact on the pension litigation.


  24. - Geronimo - Friday, Apr 25, 14 @ 2:33 pm:

    Good point, dupage dan about Quinn actually DOING damage to state employees and Rauner just talking about it. How cooperative would the legislature be with Rauner in office vs. Quinn? A factor to consider when having to choose between 2 poisons.


  25. - Old Shepherd - Friday, Apr 25, 14 @ 2:33 pm:

    Regarding the treasurers, in Harlan v. Sweet the Supreme Court determined that treasurers’ stipends are indeed to be considered compensation. I’m no attorney, but I don’t see how Maag changes anything regarding the line of authority on the treasurers’ case.


  26. - Tsavo - Friday, Apr 25, 14 @ 2:44 pm:

    http://www.huffingtonpost.com/2014/04/25/koch-brothers-pension-reform_n_5213416.html?utm_hp_ref=politics

    Check out this article about the pension seminar.


  27. - Cowboy - Friday, Apr 25, 14 @ 2:45 pm:

    AFSCME Steward - Michigan shares a border with Illinois via a water border in Lake Michigan.


  28. - anon - Friday, Apr 25, 14 @ 2:56 pm:

    Just checked and the Illinois Supreme Court is not hearing arguments next week. Would love to know whether any of the justices are attending the Koch Brothers pension theft propaganda fest. Reporters? How about a FOIA request for their schedules? Would be a bombshell article if anyone attended.


  29. - Walter Mitty - Friday, Apr 25, 14 @ 3:20 pm:

    Insanity: doing the same thing over and over again and expecting different results.

    Albert Einstein

    See Illinois voting in the same politicians.


  30. - I B Strapped - Friday, Apr 25, 14 @ 3:25 pm:

    Public Servant @ 1:36- Don’t wish to be argumentative but I’ve read and re-read your comment and I don’t see the positive reason to vote FOR an incompetent GOOF, who I feel has Bleeped me! I don’t think I could possibly vote for Rauner either as a friend of my enemy may not be my friend. So, IMHO, dare I say it- It’s a Hot, Steaming Mess.


  31. - Norseman - Friday, Apr 25, 14 @ 3:36 pm:

    - anon - Friday, Apr 25, 14 @ 2:32 pm

    Thank you for the explanation.


  32. - RNUG - Friday, Apr 25, 14 @ 4:00 pm:

    - anon - Friday, Apr 25, 14 @ 2:32 pm: &
    - Norseman - Friday, Apr 25, 14 @ 3:36 pm:

    Regardless of any Pension Clause protection or lack thereof, I suspect any Maag / Kanerva ruling will center on contract law since one of the trail level findings said there was no contract. If the ISC finds there is or may be a presumption of a contract (as found by Appellate in Marconi v Joliet), then I would think the Constitution’s Contract Clause should apply.


  33. - forwhatitsworth - Friday, Apr 25, 14 @ 4:00 pm:

    Has anyone ever heard of Ralph Martire?


Sorry, comments for this post are now closed.


* Reader comments closed for the weekend
* SUBSCRIBERS ONLY - Next week's pressers
* Today's long story
* Rauner approval rating: 40-36
* AP and Chicago Tribune - Study: Exelon subsidy would cost $1.6B over 5 years
* Question of the day
* Illinois Credit Unions – A Smarter Choice
* Advertisers behaving badly
* Your daily "right to work" roundup
* *** UPDATED x1 *** It's just a bill...
* Ford plant reaches 100,000 cop car milestone
* House approves marijuana tickets
* *** LIVE *** Session coverage
* More cuts announced
* 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

          
        * Verizon’s HTC One (M8) bug crashing apps left and right
        * Verizon to sell LG’s Watch Urbane for $349 from April 28th
        * HTC tries to get creative with Cellami
        * OPPO bezel-less phone concept revealed in images, video
        * The Week in iPad Cases: Mophie's first iPad case keeps your iPad juiced while adding storage
        * Missing the point: Analyzing a thing you haven't used
        * It’s time for a Windows Padfone

        * Add a Power Charging Sound to Your MacBook with a Terminal Command
        * Type "Note to Self" Into Google to Send Notes to Your Phone
        * Google Exec Dan Fredinburg Killed in Nepal Earthquake
        * Facebook promised an Apple Watch app last month, but it's still missing
        * This DIY Monitor Stand and Built-In USB Hub Is Cheap and Easy to Build
        * Google Launches Person-Finding Tools Following the Nepal Earthquake
        * Remove Suggested Items from Your eBay Home Page

        * White Sox place Albers on DL, may need Rodon to start
        * Sale, Samardzija suspended following fracas
        * 6 players suspended in Royals-White Sox fracas
        * White Sox hope they've found spark to slay mighty KC
        * Danks eyes first win in rematch with Volquez, Royals
        * Abreu escapes injury scare on rundown
        * Tied White Sox-Royals game suspended due to rain

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


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

        Archives
        April 2015
        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


        * New Illinois schools chief says funding fix cou.....
        * IDOT launches month-long infrastructure ‘listen.....
        * Springfield can be speedy when it wants to..
        * How exactly is privatization better, Mr. Governor?..
        * Chuck Sweeny: Gov. Bruce Rauner's reform resolu.....


        * 2 sentences reduced in St. Clair courthouse drug scandal
        * Fatal Metropolis police shooting deemed justified
        * Thunderstorms force cancellation of end of Illinois Marathon
        * New Illinois schools chief says funding fix could take years
        * Illinois woman killed by train was trying to rescue opossum
        * Armenian-American judge marks WWI-era killings
        * Bill would allow Illinois students to opt out of state tests
        * Medicaid hit with $106 million cut from Illinois budget deal
        * Chicago Armenians mark centennial of genocide of 1.5M
        * Authorities: Ottawa man killed, cremated in burn pile

        * State budget fix includes $106M in Medicaid cuts
        * House passes bill to create high-speed rail oversight panel
        * Bill would allow students to opt out of state tests
        * Illinois House OKs time limit on storing license plate data
        * House passes bill to create high speed rail oversight panel
        * House passes bill treating marijuana possession like speeding ticket
        * Bill banning indoor e-cigarettes won't be called for vote
        * Services for homeless, rape victims among cuts disclosed by Rauner
        * Rauner releases detailed list of budget cuts
        * State lawmakers fast-track bill on Obama library, Lucas museum

        * The opportunity in boomers and their aching backs
        * Here's how Method's new Chicago factory went green—and how much it cost
        * Up on the roof, it's green as can be
        * Getting to Platinum LEED requires lead time
        * Letters to the editor


          * Police: Driver fled on foot after hit-and-run accident in Elgin
          * Wisconsin man climbing Everest survives avalanche triggered by Nepal quake
          * Man wounded in Lawndale neighborhood shooting
          * Starbucks buzzing again Saturday after register outage halted sales
          * Chicago motorcyclist killed in Highland Park accident
          * For transgender students, schools craft policies of support
          * Cop who shot teen 16 times faulted in 2007 traffic stop
          * Man hospitalized after being hit by vehicle in Wheeling
          * 3 killed, 6 wounded in city shootings


          * Illinois prisons chief says union contracts causing problems
          * Sheriff Dart to investigate unlicensed rehab centers
          * Rauner's first 100 days: The fight between unions and Rauner
          * Large provider of Chicago mental health services, C4, is closing
          * After detective’s acquittal in fatal shooting, prosecutors face criticism
          * Mayor Emanuel taps CTA director to be chief of staff
          * Portage Park church mourns 'favorite son' Cardinal George
          * Lawmakers fast-track bill on Obama library, Lucas museum
          * Emanuel announces more FAA meetings on O'Hare noise
          * Cook County prosecutor to try new approach to drug crimes


          * Deckle McLean: Independent voters the new political wild card
          * Charles Krauthammer: Obama's Nixon doctrine: Anointing Iran
          * State budget fix includes $106M in Medicaid cuts
          * House passes bill to create high-speed rail oversight panel
          * Bill would allow students to opt out of state tests
          * Illinois House OKs time limit on storing license plate data
          * House passes bill treating marijuana possession like speeding ticket
          * Bill banning indoor e-cigarettes won't be called for vote
          * Zach Mottl: Illinois companies need the Export-Import Bank
          * E.J. Dionne: The Gingrich-Adams lesson


          * Eldridge welcomes Memphis barbecue restaurant
          * Man hospitalized after he’s shot by housing authority officer in ESL
          * Utility room fire quickly doused
          * Civil War Timeline: Logan at Raleigh
          * Local group fixes up house for homeless women, children
          * 2015 Illinois Marathon
          * King visit to Q-C 50 years ago still inspires
          * Caseyville Township trustees warn of sewer rate hikes; lawmakers warn of price-gouging
          * April 25, 2015, Champaign house fire
          * UPDATED: Fire leaves Champaign family homeless


          * Marian Hossa's favorite playoff moment
          * Nepal quake: Over 1,500 dead, history razed, Everest shaken
          * Michael Brewer throws TD pass in Virginia Tech spring game
          * Bill would limit farm antibiotics in Oregon
          * US sending disaster response team, $1 million aid to Nepal

          * Bill aims to deaden erroneous payments
          * Milbank: Using Jesus to curtail reproducti...
          * Instapundit shares shocking claim of sexua...
          * Armenian-American judge marks WWI-era kill...
          * Bost is impressed by McKendree intern
          * Dana Milbank: House Republican steps to th...
          * RHA Grant Going Towards Ending Veteran Hom...
          * Republicans back bill letting illegal immi...
          * Hariri from US: moderation key to fighting...
          * Local veteran to receive medals 47 years a...

          * Northbrook Boy Continues Quest for Diabete......
          * Republicans Who Voted For Loretta Lynch Vo......

          * Northbrook Boy Continues Quest for Diabete......
          * Will County officials travel to D.C. to lo......
          * Armenian-American judge marks WWI-era kill......

          * Resolution to reauthorize the Export-Import Bank moves in the Illinois House
          * Rep. Luis Gutiérrez backs Jeb Bush in Republican Presidential Primary
          * Former Illinois state rep gets five months prison time for bribery conviction
          * Committee Passes McSweeney Bill Banning Red Light Cameras
          * Lipinski, Roskam, Hultgren warn against Illinois' proposal to oppress free exercise of religion
          * Gay community gives Rauner poor grades for cutting their program funding
          * Mottl: Illinois companies need the Export-Import Bank
          * Illinois Conservatives Endorse Darin LaHood for Congress
          * Decriminalizing pot, locating adult entertainment and limiting license reader records moves
          * Conservative GOP leaders launch petition to support traditional marriage


          * IDPH Moves to Eliminate Meningococcal Meningitis - New Vaccination Requirements for Adolescents
          * YOUR ACTIONS MATTER! kicks off statewide as preparations begin for new server training law
          * Emergency Management Officials Launch Weather Alert Radio Contest - ‘Weather Alert Radios Save Lives’ contest promotes awareness; 100 radios to be awarded
          * IDOT Launches Statewide Listening Tour to Discuss Illinois Infrastructure Needs, Priorities
          * Illinois Student Assistance Commission Encourages Families To Learn About Personal Finance During Money Smart Week Event





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