Capitol Fax.com - Your Illinois News Radar » County Teasurer ruling darkens pension bill future
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 holiday weekend and some late news updates
* Question of the day
* Kennedy wows Daily Herald
* The perils of sticking too closely to talking points
* Fitch warns another Illinois stalemate could trigger rating downgrade
* More ads than you can shake a stick at: Rauner, Ruiz, Rotering, Quigley, Proft and Clark
* *** UPDATED x1 *** Latest Quincy Legionnaires’ case was Rauner's State of the State guest
* Ives release new ad, endorsed by Susan B. Anthony List, slams Trib endorsement of Rauner
* *** UPDATED x1 - Drury responds *** Appellate court rules unanimously that Drury should appear on AG ballot
* Rep. Feigenholtz files bills "to give strength to more victims"
* *** UPDATED x1 *** Kennedy again dismisses workers' comp as an issue
* Pritzker goes after Biss' "middle-class governor" claim, also airs ad featuring Stratton
* Will Gov. Rauner's cost-shift help wealthier schools and hurt poor districts?
* Biss airs new "middle-class governor" ad
* "Men and women who once were quasi-normal human beings become alien life forms"
* Lipinski wants IRS probe of Illinois Policy Institute leaders
* Surprise! Tribune endorses Bruce Rauner
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* *** UPDATED x2 - Brown: "We are not involved" *** Alaina Hampton sends cease and desist letter; Kevin Quinn arrested for violating protection order
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

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

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

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

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

...............
<


Loading


* Illinois Senate 8th District Democratic candida.....
* Illinois Senate 8th District Democratic candida.....
* Illinois Senate 8th District Democratic candida.....
* Chuck Sweeny: Re-energized Rauner makes his pit.....
* Illinois Senate 8th District Democratic candida.....
* Chuck Sweeny: Re-energized Rauner makes his pit.....
* Illinois Governor Grants 6 Petitions for Clemen.....
* Madigan says he's taking steps to end harassmen.....
* Madigan says he's taking steps to end harassmen.....


* Madigan says he's taking steps to end harassment, abuse
* Madigan says he's taking steps to end harassment, abuse
* University of Illinois selects projects for $11M investment
* It's championship day for Illinois high school wrestling
* Funeral to be held for slain Chicago police commander
* EXCHANGE: Animal rescue means personal sacrifices
* EXCHANGE: Red hats boost awareness of heart disease
* Tollway executive director leaving for stadium authority
* Early voting delays continue for Illinois primary
* Illinois governor grants 6 petitions for clemency denies 14

* Speaker Madigan: 'I take responsibility' for not doing enough on sexual harassment issue
* Former Lanphier player among the latest Legionnaires' cases in Quincy
* Former Lanphier player among the latest Legionnaire's cases in Quincy
* 2016 report put Quincy veterans' home plumbing fix at $8M
* Appellate court rules Drury can stay on March primary ballot
* Former Lanphier star among the latest Legionnaire's cases in Quincy
* Ousted Madigan ally accused of violating protective order in different case
* Can middle-class candidate Daniel Biss defeat millionaires in Illinois?
* Another new case of Legionnaires' disease reported in Quincy
* House members seek detailed timeline of Quincy Legionnaires' outbreak

* Half-hour to Cleveland by hyperloop?
* How did MetLife lose track of thousands of pension clients?
* This Chicago law firm has the rights stuff
* U of C to host Clinton Foundation event
* SEC kills Chinese-linked takeover of Chicago Stock Exchange


* Illinois Senate 20th District Democratic candidate: Bart Goldberg
* Illinois Senate 8th District Democratic candidate: David A. Zulkey
* Illinois Senate 8th District Democratic candidate: Ira Silverstein
* Illinois Senate 8th District Democratic candidate: Caroline McAteer-Fournier
* Illinois Senate 8th District Democratic candidate: Ram Villivalam
* Defense at top of White Sox Nicky Delmonico’s to-do list
* Tanks for nothing: As hard as the Bulls have tried they just can’t tank enough
* Recognition of budget cuts not enough, time to ‘fund up’
* 3 hurt in West Garfield Park shooting
* Family, officials from across country gather for CPD Cmdr. Paul Bauer’s funeral


* Police close investigation into former Providence Catholic president without filing criminal charges
* King of large hill, Poland's Kamil Stoch wins Olympic gold in ski jumping
* Tillerson can't fix what ails US ties with Turkey
* Addison Russell relieved to stay with Cubs after believing he might be traded
* LINDA C. BLACK HOROSCOPES for 2/17/18
* Cubs counting on veteran Jon Lester to return to ace-like form
* Anastasiya Kuzmina grabs 3rd medal, 1st gold at Pyeongchang Olympics in women's biathlon
* Bridgeport decorated in blue as thousands arriving for funeral of slain Chicago police Cmdr. Paul Bauer
* Police: 3 people shot while sitting in traffic
* Ilya Kovalchuk scores twice as Russians outclass U.S. 4-0 at Olympics


» 2016 Report Put Quincy Plumbing Fix At $8M
» State Week: Governor Rauner Presents His Budget
» Rauner Budget Doesn’t Use 'Pixie Dust,' But It’s Fanciful Nonetheless
» Dem Candidates Dissatisfied With Madigan's Response To Sexual Harrassment Claims
» 10 Years After NIU, Shooting Survivor Reflects On Florida Tragedy
» Prosecutor: Slain Police Commander Was Shot 6 Times
» Cubs First Baseman Rizzo Travels To Florida To Offer Support
» Women Rising: The Push For Gender Parity In State Government
» On Income Tax, Rauner's Budget Plan Doesn't Match Campaign Rhetoric
» Rauner: Pension, Health Overhaul Needed To Balance Budget


* Speaker Madigan: 'I take responsibility' for not doing enough on sexual harassment issue
* Bernard Schoenburg: 3 years later, Rauner tells similar incomplete story
* Former Lanphier player among the latest Legionnaires' cases in Quincy
* Heidi Stevens: I knew slain Chicago cop, and he was as wonderful as people are saying
* Ed Rogers: The so-called GOP-FBI split is a Democratic fantasy
* Ed Rogers: GOP's day of reckoning on guns is here
* 2016 report put Quincy veterans' home plumbing fix at $8M
* Appellate court rules Drury can stay on March primary ballot
* Ousted Madigan ally accused of violating protective order in different case
* Can middle-class candidate Daniel Biss defeat millionaires in Illinois?


* OUT & ABOUT: Cool Beanz' Valentine's Party
* Police: Young driver at fault in bus crash
* Candidate says Meier hired private eye to tail his wife; Meier says no way
* Feb. 20Bob Asmussen chat
* Readers' Choice 2018: One last chance to vote
* What you may have missed: Coroner has notification concerns, Kerans to retire, spelling bee, Jay Scott
* Don't worry, snow won't last long
* MARK-TO-MARKET: Inflation…at least we’re not Venezuela
* Tax abatement removed from agenda
* Double axel


* Chicago Bears positional analysis: Running backs
* Chicago Bears positional analysis: Wide receivers
* 7.2 quake damages homes, but Mexico avoids major destruction
* Jordan's military says it foiled smuggling plot: report
* Chicago Bears positional analysis: Quarterbacks

* This RSS feed URL is deprecated
* Duckworth taps downstate principal as Stat...
* House passes bill boosting funding to Illi...
* Before the State of the Union, a chance to...
* What to Expect When Congress Talks Blockch...
* Oklahoma senator will serve as co-chair of...
* Assault weapons used to be illegal. What h...
* A New Congressional Caucus Backs Planetary...
* ELECTIONS 14TH CONGRESSIONAL DIST. Victor ...
* Trump signs deal to end brief government s...

* This RSS feed URL is deprecated...

* This RSS feed URL is deprecated...

* Rauner adopts Madigan plan for pension cost shift to local school boards.
* Sketchbook.
* Chicago FOP announces judicial endorsements for the upcoming primary
* February 22 reception for Ketki "Kay" Steffen
* @formyblock: Shoveling for Seniors #twill
* Pre-Presidents Day Fundraiser tomorrow for Judge Toya T. Harvey
* Presidents' Day Closings
* Campaign website for Arthur Wesley Willis launched, fundraiser set
* Is anyone really shocked the jail inmates cheered for the cop killer?
* Nick Smith succeeds Elgie Sims for 34th district state representative


* Illinois Awarded Funds to Offer Advanced Training on Detecting Impaired Driving
* Illinois EPA Announces Upcoming Household Hazardous Waste Collection Events
* IEMA Highlights Emergency Preparedness for People with Access and Functional Needs in May - Ready Illinois website offers preparedness tips for people, caregivers
* First Lady Launches Illinois Family Connects
* Governor and Lt. Governor Unveil 2016 Journal of Local Government Shared Service Best Practices

  
* No breaks for Huawei or HTC | #PNWeekly 292
* How ad-free subscriptions could solve Facebook
* Best cases for the OnePlus 5T
* Buy a phone on Project Fi, get $80 of service credit
* LG G7 won’t be G7, but is codenamed “Judy”
* Fourth new color for Essential Phone only on Amazon
* Error -6722 stopping you from setting up your HomePod? Here’s what to do

* Meet the Players: Matthew Smith
* Meet the Players: Rob Hill
* Pipeline Podcast: Robert on fast track?
* Pipeline Podcast: Luis Robert expectations
* Giolito confident after success at season's end
* Castillo believes in ability to mesh with pitchers
* Vegas book tabs White Sox for AL-worst 68 wins and even Pecota is l...


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

Archives
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
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




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