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Friday, Dec 6, 2013 - Posted by Rich Miller

* Back in January of 1985, as part of a university class project, my best friend Brian Monahan and I started an anti-apartheid organization that attempted to educate people about South Africa and push for divestment.

Shortly after, the South African issue exploded across the country. We found ourselves right in the middle of one of the most important issues of our time, and the first real “cause” taken up by our own generation. Freeing Nelson Mandela looked impossible back then, but putting pressure on that disgusting government consumed many of us.

So you can imagine the delight of everyone who worked for a free South Africa when Steven Van Zandt and his friends released this song later that year

It’s time for some justice it’s time for the truth

* And this one is in Brian’s memory. His favorite song about South Africa

Well I hate it when the blood starts flowin’
but I’m glad to see resistance growin’

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Moody’s likes the new pension law

Friday, Dec 6, 2013 - Posted by Rich Miller

* For Bruce Rauner, the Wall St. Journal editorial page, the Illinois Policy Institute and everybody else who’s been loudly complaining that the pension reform bill doesn’t spill enough blood on the floor, Moody’s has some news for you…


* From the rating agency itself…

Illinois Pension Reform Legislation Is Credit Positive

Illinois Governor Pat Quinn yesterday signed a bill (Senate Bill 1) that, according to legislative documents, reduces the state’s unfunded pension liability by about 20%, a credit positive for Illinois (A3, negative), the lowest-rated US state.

The reforms face a legal challenge from organized labor but, if implemented, we believe they will substantially ease the pension funding pressure that has helped trigger five Illinois downgrades since early 2009.

Illinois’ unfunded pension liabilities – which totaled $100 billion in June 2013 on an as-reported basis, or $173 billion according to Moody’s adjusted net pension liability calculation – are the largest of any US state.

The state General Assembly’s passing of SB 1 on December 3 ended a multi-year impasse over how to reverse severe deterioration in the state’s pension funds.

Formal actuarial data on reforms’ effects still to be evaluated

We have yet to receive formal actuarial data detailing SB 1’s effects on accrued pension liabilities and future state contribution requirements, but we will evaluate them, when available. The preliminary estimates disclosed by the state legislature say the reforms will lower contributions during the next 30 years by $160 billion in nominal terms, to $214 billion, while putting the state pensions on a path to full funding over a closed, 30-year period. The state expects to reduce its contribution in the first year after implementation by $1.2 billion, or 20%, according to the legislative figures. The savings come from reforms affecting current members of the State Employees’ Retirement System (SERS), the State Teachers’ Retirement System (STRS), the State Universities Retirement System (SURS) and the General Assembly Retirement System (GARS), which account for the bulk of the state’s unfunded pension liability. SB 1’s reforms do not apply to the fifth statewide plan, for judges.

Supplemental contributions may help state reach full funding faster

Including the impact of supplemental funds provided for in the law, the legislature expects the public pensions to reach fully-funded status in about 25 years. Prior governing statute, by contrast, required annual state contributions based on a goal of achieving an actuarial assets-to- liability (“funded”) ratio of 90% over 50 years. Supplemental contributions would be derived from two sources: 10% of savings from cost of living adjustment (COLA) and other pension plan changes and the revenue currently being used to provide debt service on two pension funding bonds issued in 2010 and 2011. The last of those bonds mature during fiscal 2019, when debt service requirements total $900 million. These supplemental funds, which will total more than $1 billion annually starting in fiscal 2020, would be deposited into the Pension Stabilization Fund in the state treasury and transferred monthly to the systems. These supplemental payments will not be used to reduce the state’s base contributions, which under SB 1 must be enough to achieve full amortization of unfunded liabilities over a 30-year period.

  10 Comments      


U of I exploring supplemental retirement plan for employees

Friday, Dec 6, 2013 - Posted by Rich Miller

* University of Illinois President Robert Easter sent a “Dear colleague” e-mail this week outlining a possible new supplemental retirement program for university employees…

The changes made to reduce the cost of the pension systems to the state and fully fund them within 30 years falls, to a large extent, on employees and retirees, including those of us at the University of Illinois. We are keenly aware of the negative impact of these changes for all of us in the university community and are committed to maintaining a competitive retirement program.

To this end we are exploring potential options including a supplemental retirement plan offered by the University. We expect to be able to provide additional information in time for the Board of Trustees meeting in January.

* Meanwhile, let’s take a look at some other pension-related stuff. Bruce Rauner tweeted this after the governor signed the pension bill into law…


* Naperville Sun

Did [Sen. Linda Holmes], a Democrat, believe that politics were at play to give Democrat Quinn a re-election bump?

“On the political end, I think this was done to give the governor a win,” she said. “And I don’t think that’s worth forsaking benefits for anybody.”

* Treasurer Dan Rutherford opposed the bill on constitutional grounds. The impact on Rutherford’s pocketbook is significant, however

The Republican from Chenoa said he has not taken the time to calculate the effects of the landmark legislation on his own pocketbook.

“I’ve been busy looking at the constitutionality of it,” Rutherford said.

But, according to a database created by the Center for Tax and Budget Accountability, Rutherford could see a significant loss in buying power if the pension proposal goes into effect next year.

If he were to retire next year, Rutherford would receive a pension worth about $115,000, based on his current $135,600 salary. While that amount will grow on a yearly basis, the database shows the pension changes would decrease the amount of growth by $44,800 in the first five years.

After 15 years, the database shows Rutherford would see $392,000 less than he would under the current pension setup. Two decades from now the projected loss would be $719,000.

The online database — http://www.weareoneillinois.org/documents/COLA-cut-spreadsheet.xlsx — is designed to show current state employees and retirees how a reduction in the state’s current 3 percent cost-of-living adjustment would affect worker pensions over a period of years.

* As Eric Zorn points out, Arizona has been waiting a very long time for the courts to rule on a state pension reform law

In February, 2012, Maricopa County Superior Court Judge Eileen Willett issued a stinging rebuke to the legislature, declaring a key reform element unconstitutional in an action that had been filed by a group of schoolteachers.

“When the plaintiffs were hired as teachers, they entered a contractual relationship with the state regarding the public retirement system of which they became members,” said Willett’s written opinion. “Their retirement benefits were a valuable part of the consideration offered by their employers upon which the teachers relied when accepting employment.” […]

In May 2012, the state lost again in court, this time when Maricopa County Superior Court Judge John Buttrick used a similar constitutional rationale when ruling if favor of judicial retirees who’d challenged changes in the cost-of-living formula that was part of the pension-reform effort.

That case was fast-tracked to the Arizona Supreme Court on appeal, and three other legal challenges to the reforms were put on hold pending the outcome. But despite the attempted hurry-up, the justices didn’t hear oral argument in the case until June of this year and have yet to issue their ruling.

More than two and a half years after Arizona took the step that Illinois took this week, the reforms remain in legal limbo.

* Illinois Supreme Court Chief Justice Rita Garman was asked this week about pension reform

News conferences — let alone a media scrum — are rare for a Supreme Court justice.

Maybe that’s due to the tensions between a judge’s analytical nature, the fact that they typically don’t comment on pending or potential litigation and the answer-me-now inquiries reporters can feel compelled to ask — something that showed up in the third question Garman faced.

“You’re coming in at a time when a potential pension case could come up,” one of the reporters stated. “How is that going to — what kind of dynamic will that mean?”

Behind Garman, the court’s spokesman bristled. The question presumably is about how Illinois’ high court would rule on a legislative change to the state’s pension laws — should such a bill make its way through the legislature, be signed into law, be challenged with a lawsuit and, finally, make its way to the Supreme Court.

“We deal with all the difficult cases,” Garman said, her deep blue eyes remaining fixed on the questioner. “As I tell my law clerks, if the cases weren’t tough, they wouldn’t need us. So we’re used to dealing with very difficult issues and we know that we are the ultimate decision-maker as to the constitutionality of laws that are passed in the state of Illinois.”
Despite her willingness to outline the question, it was nearly impossible to answer.

* I’ve linked a couple of times now to Bruce Rauner’s WLS interview this week on pension reform. Here’s the candidate struggling to remember the state Constitution’s protections of government pensions…

“Reduced or impaired, or something like that.”

The actual language

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.

* And the IEA’s spokesman was not happy at all with this Tribune editorial cartoon…

From the teachers’ union flak

Oh, how the patrons of Chicago’s exclusive private clubs must have laughed at that cartoon.

I imagine men in very nice suits, surrounded by the aroma of expensive cigars, holding brandy snifters, elbowing each other in the ribs and pointing to the part of the dog that’s been “fixed,” chortling all the while.

Sickening.

The men and women of AFSCME provide services on which the people of our state rely. They work hard and have negotiated with their employer for compensation that is commensurate with the effort and skill involved in their jobs.

I’ll bet the original version of this cartoon had the dog tag reading “Unions,” but then someone probably pointed out that that would mean the paper would be taking a repugnant cheap shot at teachers, police officers and firefighters; people the paper would be less comfortable attacking.

As crack journalist Ron Burgundy likes to say, “stay classy.”

  34 Comments      


Question of the day

Friday, Dec 6, 2013 - Posted by Rich Miller

* A photo from yesterday’s private signing ceremony of the pension reform bill…

* That pic was supplied by the governor’s office. The SJ-R used a different photo…

* The Question: Caption?

  55 Comments      


Racist trial statements prompt ethics probe of southern Illinois prosecutor

Friday, Dec 6, 2013 - Posted by Rich Miller

* While the world mourns the loss of Nelson Mandela and celebrates his amazing and purposeful life, it’s important to remember that we still have some real racial problems right here at home. Take, for instance, eight-term Williamson County State’s Attorney Charles Garnati

The top prosecutor in a southern Illinois county is facing a legal ethics case because of racial remarks he made that derailed a murder trial.

Williamson County State’s Attorney Charles Garnati violated four legal ethics rules and “tends to defeat the administration of justice or to bring the courts or legal profession into disrepute,” contends the the Illinois Attorney Registration and Disciplinary Commission in a Nov. 6 complaint that was made public on Wednesday. The defendant, who is black, was tried before an all-white jury in July 2011 and sentenced to 85 years before his conviction was reversed on appeal, reports the Chicago Tribune.

“Now in our white world, ladies and gentlemen,” said Garnati at one point during the trial, as he drew a distinction between the way the two races deal with police.

* The full ARDC complaint is here.

This is what Garnati told the all white jury in his opening statement about two black witnesses who had recanted their testimony

“And you will see, ladies and gentlemen, that there are some, not all-there are many good people in the black community, but basically you will see that there are a few in the black community who refuse to cooperate with the police even when a murder happens right under their nose, and those people have a habit of intimidating, harassing, sometimes threatening anybody who they think is cooperating with the police. That’s what makes this case so difficult, ladies and gentlemen.”

* And this is what Garnati told the all white jury in his closing about those two black witnesses and the black defendant

“But I think what is most crucial in deciding this case, in deciding the credibility of Jodie Lacy and Crystal Blye, and in deciding most of the other issues in this case, is to understand the culture of the black community here in Marion.

“Please, you have to keep in the back of your mind how many people in that community feel about law enforcement. You have to understand and keep in mind how they react to the police and to the prosecutors. Sometimes for people like us, that’s hard to understand. People were brought up to believe that the police were their friends; that when something happens, when we are in trouble, that the police are our friends. And that’s where we go to get help from is the police when bad things happen.

“But in the black community here in Marion, it’s just the opposite. Most-for whatever reasons, most of these people were raised to believe that the police and prosecutors are the enemy; that for some reason, we are always out to get them. In their mindset, the biggest sin that you could-that you can commit is to be a snitch in the community. The biggest sin that you could commit is to ever cooperate with the police on anything. It’s a sin to even cooperate when one of your own people gets brutally gunned down and is left to bleed to death.

“And I am not saying that the whole black community is like that, ladies and gentlemen. There are some very good law[-]abiding citizens in that community here in Marion. But the evidence has shown that again, for whatever reasons, there is an intense dislike and even hatred for the police. And this group of people who feel that way make it extremely hard on the people who are law-abiding and want to do what is right and who are willing to come forward and give information that they have when a crime has been committed . . .

“Now, in our white world, ladies and gentlemen, our automatic reaction in that type of situation, if somebody gives a statement to the police and then later on changes their story, the automatic response would be that that person is not trustful and that there is a problem with their credibility.

“But again, please look at their testimony and what they did and what they didn’t do through the eyes of the people who are raised, again, to feel that the police are always against them and that they cannot trust the police.”

* More

“They both stated that the defendant — that (victim) LaQuinn Hudson was backing up. He kept saying, ‘I got nothing. I got nothing.’ He not only said that, but both of them said he raised his white T-shirt up to show his waist band that he had nothing. OK? And in the black community, that is where they keep their handguns is in their waistbands, ladies and gentlemen, with something covering it. They don’t just walk around with it in their hand or, you know, sticking out of their pocket.”

* Months after the Chicago Tribune made a big deal out of this, Garnati eventually back-tracked and agreed the defendant should receive a new trial.

* What happens next

The Illinois Appellate Court… ordered [a] new trial in September.

The case against Garnati will go to a panel of the disciplinary commission’s hearing board, which will hear evidence and make recommendations for any discipline. The Illinois Supreme Court makes the final decision on attorney discipline cases.

Steve Greenberg, a Chicago attorney who handled Marshall’s appeal, said that he had made a complaint to the disciplinary commission.

“I think anyone who espouses those racist views is unfit to be the state’s attorney of a county,” Greenberg said Wednesday. “Imagine how many charging decisions over the years were racially motivated in the (time) he’s been state’s attorney.”

Ugh.

  35 Comments      


*** UPDATED x1 - Mayor claims no communication with Institute *** The most overlooked story of the week

Friday, Dec 6, 2013 - Posted by Rich Miller

* The Guardian got its hands on an internal document from the State Policy Network that includes grant proposals from several conservative state-level “think tanks.” The proposals represent, according to the Guardian, “a co-ordinated assault against public sector rights and services.”

According to the Guardian, the State Policy Network “has an annual warchest of $83m drawn from major donors like David Koch and food giant Kraft.” Local background here.

* Now, on to the Guardian’s story

The proposal from the Illinois Policy Institute for a campaign to deal with Chicago’s government worker pensions crisis by switching to 401(k)-style retirement plans similarly focuses on a politician – in this case Mayor Rahm Emanuel. The proposal says that “Mayor Emanuel has privately expressed the need for 401(k)-style changes to truly achieve reform.”

The institute plans to “leverage the leadership potential of Mayor Emanuel … as the spark for wider pension changes in Illinois.” It adds that “friendly legislators would be welcome to draft legislation modelled on our policy work and work in tandem with Mayor Emanuel to move it forward in the legislative process.”

John Tillman, CEO of the Illinois Policy Institute, told the Guardian that Emanuel had been “an outspoken proponent of pension reform that includes moving to a 401(k)-style, defined contribution system.” He saw no problem with the lobbying that the think tank undertakes.

“We are not allowed to do any campaigning or electioneering, and we don’t. We are allowed to spend a significant percentage of our expenditures on lobbying and we are very proactive in lobbying for liberty-based policy, including the urgently needed pension reform. We report our activities accordingly.”

* A summary of the Illinois Policy Institute’s grant proposal

* And here’s an excerpt of the full grant proposal posted by the Guardian

* So far, Mayor Emanuel has not yet given the General Assembly a draft of his proposals. If he does, indeed, “privately” support replacing current pensions with 401(K) plans, he hasn’t yet put those ideas on paper.

Whatever the case, the Illinois Policy Institute obviously has no plans to drop its constant demands for a defined contribution “pension” system to replace defined benefits. The state lobbying was just the beginning.

*** UPDATE *** From a Mayor Emanuel spokesperson…

The administration has not been in touch with the Policy Institute on this issue. We support choice and optional defined contribution plan for new employees just like the state law signed by the governor.

So, somebody’s lying. And since the mayor’s office is pretty specific on both points, I don’t think it’s them.

  23 Comments      


Re: Madigan and the courts

Friday, Dec 6, 2013 - Posted by Rich Miller

* So many commenters yesterday bemoaned their belief that House Speaker Michael Madigan “owns” the Illinois Supreme Court that prominent pension issue commenter RNUG finally weighed in

I realize this is Illinois and a lot of you think the fix is in, but stop and think it through a bit.

Once you become an [Illinois Supreme Court] justice, the only place left to go up is the federal system and, unless you’re in the running for SCOTUS, it’s pretty much a step down in terms of power and prestige. The usual path is to reach ISC, hang around to get your turn at Chief Justice, then, if you’re ready to go, retire. Otherwise you hang around some more until the workload gets to be too much.

MJM may have helped put a judge on the ISC initially, and maybe the judge owes MJM, but MJM can’t directly remove a judge from the ISC. Once they are there, they are there for 10 years at a time, and their re-election is a simple “Shall x be retained?” question. It’s not the same as running a campaign for re-election. Effectively speaking, once you make it, you are there for life or until you choose to step down. For the first time in their political life, a judge on the ISC is pretty much answerable to no one.

Yes, a judge could harbor hopes of retiring from the ISC and be “of consul” to any number of prestigious law firms, and in that case, MJM’s backing might help. But there’s no guarantee that such help would be needed. Big law firms like to have people like former Governors, Senators and Supreme Court Justices on their letterhead, and pay big money for that privilege.

Practically speaking, once they reach that level, an ISC Justice is free to do whatever they want on court decisions.

The paranoia out there is really, truly intense. Some of y’all need to tone it down. Way down.

  85 Comments      


Rauner will form new PAC to “protect” legislators who stand with him

Friday, Dec 6, 2013 - Posted by Rich Miller

* Bruce Rauner was asked this week how he would deal with the General Assembly. His response…

“We’re gonna raise a PAC, we’re gonna raise a fund dedicated to the state Legislature, members of both parties who take the tough votes. We’ve gotta protect the members who take tough votes.

“Right now, Madigan controls the Legislature from his little pot of cash. It isn’t that much money. And he runs the whole state government out of that pot.

“We need a pro-business, pro-growth, pro-limited government, pro-tax reduction PAC down there in Springfield working with the Legislature for those who take tough votes.”

Rod Blagojevich tried to do a similar thing with a new PAC (Move Illinois Forward) and failed. But Blagojevich was raising money from his fellow Democrats, who didn’t want to step on Madigan’s toes. The Republican Rauner won’t be facing a reticent crowd, and he’s so rich that he can always put lots money in himself.

Thoughts?

Full interview here…

  82 Comments      


UNO chief steps down

Friday, Dec 6, 2013 - Posted by Rich Miller

* Sun-Times

Juan Rangel, longtime leader of the politically powerful United Neighborhood Organization, has stepped aside from his $250,000-a-year post as UNO’s chief executive in the wake of a scandal that cost the group millions of dollars in state funding and led to a federal investigation of its bond dealings.

The influential Hispanic community group operates the largest charter-school network in Illinois.

Rangel’s departure “by mutual agreement” with the board of the not-for-profit group is effective immediately, UNO officials said Friday.

Rangel had three family members on the UNO payroll. Sources said two of the relatives quit recently, including deputy chief of staff Carlos Jaramillo, Rangel’s nephew.

Reached by phone, Rangel hung up on a reporter.

* More

UNO has ties to some of the most powerful politicians in Illinois including Illinois House Speaker Michael Madigan, Ald. Ed Burke (14th) and Mayor Rahm Emanuel, whose 2011 campaign Rangel co-chaired. He currently sits on the Public Building Commission of Chicago’s board of commissioners and helped found the Metropolitan Leadership Institute (MLI), a group that prepares young Hispanic professionals for careers in politics and government, and corporate and nonprofit arenas.

Rangel became CEO of UNO in 1996 and spurred its aggressive growth into the largest charter school network in Illinois with 11 schools under its charge. An ongoing Sun-Times investigation into how it awarded contracts related to a $98 million grant to build three new schools revealed bids were won by companies owned by the brothers of former UNO executive Miguel D’Escoto. The two companies, Reflection Windows Co. and d’Escoto Inc., were paid $8.5 million from that grant. D’Escoto resigned in February but Reflection Windows continues to receive business from the group.

Part of the focus of the SEC’s investigation into UNO’s bond dealings focuses on one of the underwriters of the bonds. Cabrera Capital Markets is a company owned by Martin Cabrera Jr., who resigned as UNO board chairman in September. Cabrera was on the board for only 3-½ months. Gov. Quinn has twice suspended paying out the remainder of the grant to UNO.

Rangel previously stepped down as UNO chairman in May but retained his CEO role. He’ll now be replaced by interim chief of operations Jesse Estrada.

  9 Comments      


More Golden Horseshoes

Friday, Dec 6, 2013 - Posted by Rich Miller

* This morning’s categories…

* The Beth Hamilton Golden Horseshoe Award for Best House Secretary/Admin. Assistant

* Best Senate Secretary/Admin. Assistant

Beth is no longer with the House, but I’m gonna keep her name on the award for this year at least.

Keep in mind that this is about intensity far more than it is about the number of votes, so please explain your vote or I won’t give it much thought. Also, please nominate in both categories. Thanks!

* I’ll announce yesterday’s winners later today. We had very few nominations for best bartender/wait staff, probably because of the pension reform bill signing, so please click here and make your nominations there as well.

  37 Comments      


This just in… Pension bill signed

Thursday, Dec 5, 2013 - Posted by Rich Miller

* From a press release, and check out MJM’s high praise for himself…

Governor Pat Quinn today signed into law his number one priority – historic legislation that addresses the most critical fiscal challenge in Illinois by reforming the state’s pension systems. This comprehensive pension reform solution will eliminate the state’s unfunded liability and fully fund the pension systems, a standard set by the Governor two years ago.

After inheriting the worst-funded pension crisis in the nation that was 70 years in the making, Governor Quinn made pension reform his top priority and worked with legislative leaders and legislators to pass Senate Bill 1. In June, he proposed a conference committee to break the ongoing legislative gridlock, and this vehicle led to the bill he signed today. Earlier this year, the Governor suspended legislative salaries and refused to accept his own salary until pension reform was sent to his desk.

“Illinois is moving forward,” Governor Quinn said. “This is a serious solution to address the most dire fiscal challenge of our time. I applaud House Speaker Michael Madigan, Senate President John Cullerton, House Minority Leader Jim Durkin, Senate Minority Leader Christine Radogno, Senator Kwame Raoul, Senator Daniel Biss, Representative Elaine Nekritz, Representative Darlene Senger, members of the conference committee, and legislators from both parties who made this day possible. Working together, we will continue to build a brighter future for the people of Illinois.”

Sponsored by Senator Kwame Raoul (D-Chicago) and Speaker Michael Madigan (D-Chicago), Senate Bill 1 will eliminate the state’s unfunded pension liability and fully stabilize the systems to ensure retirement security for employees who have faithfully contributed to the systems. All four leaders worked tirelessly to negotiate and pass this legislation.

“The bill would not have passed without me. I was convinced that standing fast for substantial savings, clear intent and an end to unaffordable annual raises would result in a sound plan that will meet all constitutional challenges,” Speaker Madigan said.

“I applaud the Governor for prioritizing this issue,” Senate President Cullerton said. “I look forward to working with him and all legislative leaders to ensure that we continue on this path of fiscal leadership and bipartisan cooperation.”

“With today’s bill signing we have staved off a greater crisis,” Leader Durkin said. “I am proud many of the significant components are Republican ideas generated by the conference committee, and my predecessor through Senate Bill 1. We should place value into Fitch Ratings’ initial comments viewing our actions as positive and I am confident this law will withstand a court challenge and feel it is a major victory for Illinois taxpayers.”

“This is a major step forward in putting Illinois on the path to financial recovery,” Leader Radogno said. “It is the result of bipartisan, bicameral negotiations, after a great deal of debate and discussions. It will demonstrate to the credit rating agencies and job creators that we are serious about turning Illinois around. This is not the only step we need to take to get Illinois back on track. But it is a significant step at a time when doing nothing would only make our problems worse. I’m proud of the bipartisan effort and its result. Now we need to build on this momentum.”

Under the new law, the state will adopt an actuarially sound funding schedule that requires level payments and achieves 100 percent funding no later than the end of fiscal year 2044. To prevent future governors and legislatures from repeating the same behavior that helped create the pension crisis, the law includes a funding guarantee, giving retirement systems the right to go to court if the state fails to make the required payment to the pension fund.

Under the new law, there will be no reductions in the pension checks going out to current retirees. The law will also minimize the impact on the lower-earning, longer-serving employees. There will continue to be Cost of Living Adjustments (COLA); however, they will grow at a slower rate. For most employees, the COLA will be adjusted from the current 3 percent annually compounding increases that are unsustainable to a new formula based on years of service that includes protections for lower-earning, longer-serving employees.

For example, under the new law, a 65-year-old retired state conservation worker with 20 years of service receiving a $17,000 state pension will see that grow to about $22,000 over 10 years. Prior to the law, that would have grown to about $22,400 over 10 years.
Under the new law, current active employees will see COLA pauses every other year upon retirement, with the number of pauses determined by current age. The law also reduces the amount of money current employees pay into their pensions by one percent.

In addition, pensionable salary will now be capped at the greater of the Tier 2 salary cap ($109,971 for 2013), the employee’s current salary, or the employee’s salary at the end of an existing collective bargaining agreement. The cap will increase over time, based on the consumer price index (CPI). There will also be graduated increases in retirement age based on the age of the employee, with a maximum increase of five years. The bill also creates an optional 401(k)-style defined contribution plan that will be available for up to 5 percent of Tier 1 employees. Senate Bill 1 goes into effect on June 1, 2014.

Since taking the oath of office, Governor Pat Quinn has made pension reform his top priority in order to restore fiscal stability to Illinois. Unlike his predecessors, he made the full pension payment each year. In May 2009, Governor Quinn established the Pension Modernization Task Force, which laid the foundation for future reform efforts. In 2010, despite intense opposition, he signed into law sweeping pension reform for new hires to save taxpayers billions of dollars.

In January 2012, the Governor convened a pension reform working group to develop a comprehensive solution. Three months later, Governor Quinn proposed a comprehensive pension reform plan that erased the unfunded liability, and refused to sign any legislation that didn’t meet that standard. The Governor also released several studies on the dire impact of pension inaction on education and launched an online campaign to raise awareness about the pension squeeze and the urgent need for reform.

\In June 2013, the Governor proposed a conference committee as a vehicle to break legislative gridlock between the two chambers. He asked the conference committee to forge a compromise that provided 100 percent funding for the systems, which ultimately became the legislation he signed today.

In addition, Governor Quinn also signed Senate Bill 1961 today. Sponsored by Speaker Madigan and Senator William R. Haine (D-Alton), the bill clarifies that the Attorney General will represent the pension systems in any court proceedings, except in cases where the systems are seeking to force the state to make funding payments. The new law takes effect immediately.

* From the We Are One Illinois coalition…

“Governor Pat Quinn has given hundreds of thousands of working and retired teachers, nurses, police, caregivers, first responders, and others no alternative but to seek justice for retirement security through the judicial system. Contrary to his belief, every Illinois citizen loses today.

“It didn’t have to be this way. Bipartisan majorities in both chambers could have passed a much fairer, legal, negotiated solution - with real, substantial savings - in Senate Bill 2404.

“Instead, leading politicians and their followers chose to violate their oaths of office, trample on the Illinois Constitution, and willfully ignore the plain letter of the law. In abandoning their constitutional duties, they’ve voted to slash the retirement benefits of senior citizens and working families by one-third or more.

“Senate Bill 1 is attempted pension theft, and it’s illegal. Once overturned, its purported savings will evaporate, and the state’s finances and pension systems will be left in worse shape.

“Our coalition has been consistently in contact with our attorneys, and today we directed them to prepare to file suit. We will challenge SB 1 as violating the constitution and ask for a stay of the legislation’s implementation pending a ruling on its constitutionality.”

  144 Comments      


*** UPDATED x2 - Cassidy, Williams: “Ridiculous” *** A bit of logrolling?

Thursday, Dec 5, 2013 - Posted by Rich Miller

* In These Times

According to one campaigner for the recently passed marriage equality bill, [House Speaker Michael Madigan] demanded support for his pension bill from the major sponsors of the bill as a price for bringing it to the floor.

* By my count, of those who were around for both votes, 13 of the House’s Democratic gay marriage sponsors voted for Madigan’s pension reform bill back in May. Six voted against.

Just three of those previous “No” votes switched to “Yes” this week. One of those who switched was Rep. Lou Lang, a top member of leadership. He basically had no choice. The other two were Reps. Kelly Cassidy and Ann Williams, who explained her vote to constituents…

I have consistently voted against “pension reform” bills that I believed went too far; many took a punitive approach to addressing the problem. I understand that the public employees are not at fault here. On a personal level, this was the most difficult decision I have made as a legislator. But it is also unfair to continue the downward spiral of cutting programs and funding for our neighborhood schools, the mentally ill and disabled, and other critical human services.

While this bill is certainly not perfect, it is significantly improved from the previous version of SB 1, which I did not support. Over the past several months, I worked to make sure that whatever pension bill was passed would be the best bill possible. I pushed for a guarantee that the State will make its pension payment, so we don’t end up right back here in the future. This bill contains that. I strongly advocated for protections for the people at the lowest end of the income scale, and fought to ensure that any changes to COLA be tied to the CPI, to help pensions keep up with inflation. This bill does that. I asked that if benefits must be cut, then it only made sense for employees to contribute less. This bill does that. I believe the legislation that passed is better because of these efforts.

Cassidy was clearly upset when voting for the pension bill. I don’t doubt that something was up with both her and Williams.

But another Democratic gay marriage co-sponsor, Rep. Jehan Gordon-Booth, switched from “Yes” on pension reform in May to “Present” this week.

So, the net gain was just two votes. The bill passed with 62 votes, two more than needed.

Pressure? Probably. But it really didn’t matter in the end.

*** UPDATE 1 *** “I would never trade a vote like that,” said Rep. Williams, calling the allegation in the ITT piece “absolutely ridiculous.” She also said there were no conversations with Madigan about the bill.

*** UPDATE 2 *** Rep. Cassidy: “So much less than true it couldn’t be more ridiculous. [Madigan] never spoke to me about the bill once.” She also called the allegation “patent crap.”

  11 Comments      


Unclear on the concept

Thursday, Dec 5, 2013 - Posted by Rich Miller

* From a Northwest Herald editorial blasting the pension reform bill

If they were truly determined to solve the problem, they would have held this vote before Dec. 3 – the day after the current crop of lawmakers found out who they would be facing in the March primary.

Voting for a controversial bill after the filing deadline makes said bill a little easier to pass. So, if the bill was made even tougher on retirees and employees, holding a vote before the filing deadline would’ve been pointless.

* John Kass climbed aboard the Bruce Rauner bandwagon in his column critiquing the pension bill. He doesn’t mention Rauner’s name, of course

It doesn’t freeze cost-of-living increases for public employees or put them all on 401(k) plans like many of us are stuck with.

* The bill that Kass appears to love, Rauner supports and the Illinois Policy Institute claims is based on its own draft was introduced in February of this year.

The bill is so “popular” that only three members have signed on: Reps. Jeanne Ives, Tom Morrison (who, with Ives, voted against the pension bill this week after voting for Madigan’s bill) and Barb Wheeler (who voted for both the Madigan bill and the pension bill this week).

Over in the Senate, an identical bill that accomplishes the Rauner/Kass/Illinois Policy Institute goals is sponsored by Sen. Jim Oberweis, who voted for the pension bill this week. Oberweis lined up precisely zero co-sponsors.

In other words, almost nobody in their right minds wants to touch this thing. And yet it’s held up as a viable alternative. On what planet do they live on?

* Rauner, by the way, was on Roe Conn’s show yesterday and claimed he’s been meeting with AFSCME members and teachers…

“Many of them are supporting our campaign.”

You gotta wonder what his definition of “many” is.

Listen to the interview…

  49 Comments      


Question of the day

Thursday, Dec 5, 2013 - Posted by Rich Miller

* We’re getting a late start because the pension reform debate pretty much sucked all the air out of the Statehouse. So, let’s continue with our Golden Horseshoe Awards…

* Best session bartender

* Best session waiter/waitress

Remember, as always, intensity of your nominations will count far more than the number of nominations. So, please explain your votes or they will be mostly ignored. Thanks much.

  15 Comments      


Houston, we have a round-tabling problem

Thursday, Dec 5, 2013 - Posted by Rich Miller

* Remember that story yesterday about the Chicago Republican Party preparing to challenge the petitions of the planted Republican candidate who is “opposing” Speaker Michael Madigan?

Well, the Chicago GOP may indeed have a valid point. From Illinois Review

It’s Mr. Goggin’s petitions and signatures that the Chicago GOP started scouring this week, hoping to find enough duplications and errors to oust Goggin from the 22nd House District 2014 GOP primary ballot slot.

The Chicago GOP isn’t just blowin’ smoke, either. They’ve found signatures that are already raising questions - just as they are getting started. And, Chicago GOP’s spokesman Chris Cleveland says, they’re really in need of help to go over each signature before next Monday.

Here’s what they’ve found thus far - an uncanny amount of signatures that appear to be the same handwriting, most often from the same reported address:

A representative sample of scans of what are alleged to be from the Madigan opponent’s petitions…

Yikes.

Click here for more of the same.

If the Republicans can kick this guy off the ballot, or use evidence of fraud to force him to resign, the GOP can then appoint a “real” candidate to the race.

…Adding… As someone pointed out in comments, this could be a case of household members signing for everybody. If that’s true, then it’s doubtful there would be any huge legal problems, but those sigs would be discarded.

  44 Comments      


Confirming the obvious

Thursday, Dec 5, 2013 - Posted by Rich Miller

* Adam Rosen is the Communications Director for SEIU Local 73. He told the Associated Press that in the run-up to the pension reform vote, two Republican gubernatorial candidates sought endorsements from the union

Rosen told the AP the union has met with two Republican gubernatorial bidders seeking future endorsements. Republican state Sen. Kirk Dillard and state treasurer Dan Rutherford both spoke out against the pension plan, which passed by narrow margins.

Do you think the unions will endorse either one of them?

  41 Comments      


Amazon restarts Illinois associates program

Thursday, Dec 5, 2013 - Posted by Rich Miller

* Forwarded by a reader…

From: “Amazon Associates”
To: xxxxxxxxxx
Sent: Wednesday, December 4, 2013 5:55:32 PM
Subject: Amazon Associates program is again open to residents of the State of Illinois

Hello,

We’re pleased to announce that the Amazon Associates program is again open to residents of the State of Illinois.

We’re now able to re-open the program because the Illinois State Supreme Court recently struck down legislation that had forced Amazon to close the program to residents of Illinois.

Amazon strongly supports federal legislation like the Marketplace Fairness Act that’s now pending before Congress, which is the only constitutional way to resolve interstate sales tax collection issues.

Some background from October

The Illinois Supreme Court threw out a state law Friday that taxes certain Internet sales, saying the so-called “Amazon tax” violated federal rules against “discriminatory taxes” on digital transactions.

The 6-1 ruling represented the first time a court had invalidated an Internet sales tax law among 18 states that have them. It brought an immediate cry from traditional, store-based retailers for Congress to step into regulating taxes on web sales.

The court determined that Illinois’ 2011 “Main Street Fairness Act” was superseded by the federal law, which prohibits imposing a tax on “electronic commerce” and obligates collection that’s not required of transactions by other means, such as print or television.

More background here.

* In other news, as you’ll recall the Illinois Supreme Court recently struck down the Department of Revenue’s sales tax collection rules. The ruling came in a case involving a fuel oil company which opened a satellite office in a low-tax county in order to avoid paying higher sales taxes to the RTA and Cook County. Tom Johnson, the President emeritus of the Taxpayers Federation, argues in Crain’s that new rules will be tough to devise

The problem is for the many retailers that take orders over the phone, through the mail or on the Internet and then have the goods delivered to their customer from either their own or from a supplier’s inventory. The “sales” activities could occur in more than one community in Illinois or even in another state dependent on the facts of a particular sale. Which tax rate should apply, and what if the majority of the selling activity is out of state?

Our state’s tax collectors deserve rules they can follow and should not be subjected to second-guessing years after the fact. A case-by-case weighing of a near-limitless number of factors would fly in the face of good tax policy and be unworkable.

Tax must be calculated and collected at the time of the sale, but a nebulous factor-weighing test would require almost every retailer with more than one location in the state to engage in guesswork, putting them in a never-ending game of “gotcha.” When they collected too little tax, the state or local jurisdictions would sue; when they collected too much tax, class-action lawsuits on behalf of inadvertently overtaxed customers certainly would follow.

Now that this Pandora’s box of tax administration has been opened, it is the Department of Revenue’s job to help its partners comply easily. Guessing is not an option.

  9 Comments      


Protected: SUBSCRIBERS ONLY - A “retiree” no more

Thursday, Dec 5, 2013 - Posted by Rich Miller

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  Comments Off      


Today’s must-watch video

Thursday, Dec 5, 2013 - Posted by Rich Miller

* Sen. Matt Murphy sat on the pension reform conference committee. Murphy’s seat mate is Sen. Kirk Dillard, who had strongly supported every pension bill that came down the pike except for the union-negotiated proposal. Dillard’s campaign posted a video of the candidate explaining his vote on the Senate floor. Reboot Illinois watched the video and wrote this

Dillard’s deskmate, Sen. Matt Murphy (a member of the committee that drafted the bill) is patient with his colleague at first. But his body language is practically screaming as Dillard goes on. And it’s not screaming, “You go, Kirk!” Be sure to watch until the very last second, when Murphy appears to either cheer that it’s over or let out a long yawn, possibly both. - See more at: http://www.rebootillinois.com/?eopinion=9426&utm_source=email&utm_medium=video-of-the-day-pensions-12/5/2013&utm_campaign=murphy-speaks-body-language-to-dillard:-shut-up-already!-12/5/2013#sthash.np7BYKMU.dpuf

* Murph starts out by deliberately looking away. Then he begins to drum his fingers on the table, twirls around in his chair, rocks way back and forth, fiddles with his tie, makes notes, puffs out his cheeks, shields his eyes from Dillard and, does indeed, yawn at the end. Hilarious

Maybe he needs a new seat mate.

* Meanwhile, Reboot also produced a handy chart comparing Speaker Madigan’s pension bill from May to the bill that finally passed. Click here for a larger version

* And Speaker Madigan told reporters late Tuesday how he was able to bridge the gap between Senate Democrats who were concerned about the impact on retirees and House and Senate Republican negotiators who wanted more savings from the legislation…

Madigan: “In the end, just a few days ago, I was the one who made two critical suggestions.

“Number one, I’m the one that said that in terms of the inflation adjuster on the COLA it ought to go to the full consumer price index, which was a significant change because the House bill had provided for flat COLA, no change. The conference committee was talking about one-half of CPI. I’m the one that said, especially to the Senate Democrats, let’s use the full CPI which of course would reduce the cost savings.

“But then we would make that up by my second suggestion, which was to take 10 percent of the savings coming out of the bill and dedicate that to the pension system. Put it all together, you’re back over $160 billion in total cost savings, which was a strong demand from Republicans.”

Q: That 10 percent came in the final days?
Madigan: “Final days. Just before Thanksgiving. And I was the one who fashioned the compromise.”

Q: Did you have to make any promises to get those?
Madigan: “Just to be nice to reporters for a change.”

  58 Comments      


Golden Horseshoe Awards, round one

Thursday, Dec 5, 2013 - Posted by Rich Miller

* Keep in mind that it’s very important to explain your votes. The number of votes isn’t nearly as important as the intensity of the reasoning behind who y’all think are the best in each category. Also, please make sure to make nominations in both categories.

Clear on the concept? OK, let’s get started…

* Best political bar in Springfield

* Best political restaurant in Springfield

  28 Comments      


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