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.


* How much do county employees make?
* How the state's other union contracts compare to the AFSCME situation
* *** UPDATED x1 - Tillman weighs in *** Proft warns Rauner, Senate Repubs on grand bargain votes
* *** UPDATED x1 *** "I never thought it would be so hard to give away a half-a-million dollars"
* State Farm takes huge hit on auto insurance
* Mayor Emanuel touts another first place finish as President Trump continues criticism
* The hard part begins today
* *** LIVE *** Senate session coverage
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Rep. Chapa LaVia fails to advance to final round
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

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

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

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

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

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


Loading


* Weather service, governor to survey Illinois st.....
* Weather service, governor to survey Illinois st.....
* Weather cancels meeting between Gov. Rauner, Ch.....
* Illinois towns see damage, power outages after .....
* Gov. Rauner to meet with Chance the Rapper Wedn.....
* Rauner simplifies job-application program in ca.....
* Ottawa tornado cancels meeting between Rauner, .....
* Weather cancels meeting between Rauner, Chance .....


* The Latest: Storms flood West Virginia roads, creeks
* Chicago's lack of snow in 2017 sets 146-year record
* Illinois towns see damage, power outages after deadly storms
* Storm system that killed 3 in Midwest rumbles eastward
* Weather cancels meeting between Illinois governor, rapper
* EXCHANGE: STEM students create winning invention
* Illinois Senate faces tough votes on taxes, school funding
* Some facts about hail from the National Weather Service
* At least 2 dead after tornadoes touch down in central US
* Opening statements scheduled in ex-prosecutor's retrial

* Weather cancels meeting between Illinois governor, rapper
* 2nd death in Illinois blamed on severe storms
* 1 person killed by northern Illinois tornado
* 'Grand bargain' budget deal taking shape in Senate
* In response to possible AFSCME strike, Rauner launches jobs website
* Bumps, bruises reported after tornado hits northern Illinois nursing home
* Illinois Senate makes progress on 'grand bargain'
* Corrections officials: State wasn't told Chicago slaying suspect should be held
* Rauner, Chance the Rapper to talk Chicago school funding
* United announces plans for more flights, new destinations

* Let your inner glitter and glam shine through
* Rauner launches jobs website in case of strike
* This brand new coffee chain promises to be different. Really.
* Chicago among top 5 cities for public health policy, even though we're overweight
* Dash Financial merger aids GTCR investment


* New ‘Chicago Justice’ like ‘Law & Order’ with lesser talent
* Cubs’ sage advice for Dancin’ fool David Ross: ‘Don’t suck’
* Fifth man charged with murder of Niles North student in 2014
* Putting the Spring into a jam-packed Chicago theater season
* Villa Park man charged with burglarizing car in Elmhurst
* Bears’ QB situation is fluid, but GM Ryan Pace likes his options
* Report: Oprah says Trump won, so maybe she’ll run for president
* Alshon Jeffery to ‘test market,’ Bears GM won’t rule out return
* In ‘Logan,’ reinvented Wolverine makes a deep impression
* Ottawa tornado cancels meeting between Rauner, rapper


* Fact check: Donald Trump's claims on jobs, Obamacare, immigration and more
* US stocks surge in early trading; Dow crosses 21,000 points
* John Mahoney and women directors at Steppenwolf next season
* President Oprah? Hmm, queen of TV says
* Ryan Pace: Bears wait for Alshon Jeffery to test free agency; Jay Cutler situation 'fluid'
* NBC-5 news anchor Rob Stafford to undergo bone marrow transplant for rare blood disease
* Matt Szczur immortalizes Anthony Rizzo, Kris Bryant on canvas
* LINDA C. BLACK HOROSCOPES for 3/1/17
* McDonald's halts trading ahead of investor day
* Vegetables in Chicago may be pricier this spring because of California rain


» Evacuation Order Has Some Indiana Residents Scrambling For Housing
» A Project That Could Double Heating Bills In Chicago Gets A Closer Look From Regulators
» At Least Three Dead After Tornadoes Touch Down In Central U.S.
» Senate 'Grand Bargain' Begins To Move, But Thoughest Votes Are Still Ahead
» Senate 'Grand Bargain' Begins To Move, But Toughest Votes Are Still Ahead
» Obama-Backed Candidate Wins 4th Ward Special Election
» Early End To Chicago School Year Could Cost CPS $18 Million In State Money
» The Illinois Senate Passed A Budget Tuesday, With A Big Caveat
» Blame Game Over Release Of Illinois Inmate Charged With Murder
» Group Donates $2 Million For Kids Rock Band Classes


* Weather cancels meeting between Illinois governor, rapper
* 2nd death in Illinois blamed on severe storms
* 1 person killed by northern Illinois tornado
* 'Grand bargain' budget deal taking shape in Senate
* Our View: No one wins in an AFSCME strike
* In response to possible AFSCME strike, Rauner launches jobs website
* E.J. Dionne: Trump and Bannon are the ‘corporatists’
* Irv Smith: Bob Michel was always a friend to Sangamon County
* Michael Gerson: A heartfelt look at how evangelical gays are finding their place
* Catherine Rampell: Republicans take freedom away — in the name of freedom


* Five acts at Daytrotter Downs to know before you go
* Daytrotter Downs is back: What you need to know
* Panthers win MVCHA championship
* Who's in the news? Matt Mendenhall
* Two charged with murder in airport nerve agent attack
* Trump budget plan draws strong opposition — from Republicans
* Weather service, governor to survey Illinois storm damage
* Storm system that killed 3 in Midwest rumbles eastward
* AP Fact Check: Trump takes credit he hasn't earned
* Construction spending drops 1% in January


* How Addison's McCann constructed the American dream
* Crafts: Glassblowing's gotten easier for amateurs to learn
* IN Forecast
* IN Current Conditions
* Family brings comfortable Italian back to Arlington Heights with Via Arenella

* Majority of IL Congressional Delegation Op...
* Group upset with Trump wants Town Hall mee...
* Hultgren to join veterans' forum at Geneva...
* US Rep. Randy Hultgren talks veterans' iss...
* Hultgren to participate in veterans forum ...
* Majority of IL Congressional Delegation Op...
* Group upset with Trump wants Town Hall mee...
* Hultgren to join veterans' forum at Geneva...
* US Rep. Randy Hultgren talks veterans' iss...
* Hultgren to participate in veterans forum ...

* Congress: Vote against a Wall Street windf......

* Sen. Duckworth criticizes Trump military c......

* JASC Presents "Memories of Now Series Seminar: Japanese Americans in Prewar Chicago"
* Protect America rally adds speakers for Saturday at noon
* Dabrowski: "Grand bargain" is taxpayer bailout of Springfield's failures
* Oscar Sunday.
* Rauner: Give a man a fish and you feed him for a day. Instead lecture him that he should be eating steak.
* Illinois REALTORS® supports Gambino with independent expenditures
* REALTOR® Goodman wins four-way battle for Lincoln mayor’s job
* Electric brains on the gig poster of the week
* The OnEdge experimental performance series questions traditional theatrical norms
* Immigration Talk and Q&A Thursday Morning


* Rauner Administration Launches Jobs Portal
* IEMA Urges People to Prepare for Severe Weather - Dangerous storms predicted through Tuesday evening for much of Illinois
* Illinois Department of Veterans’ Affairs Hosts 26th Desert Storm Remembrance Ceremony
* Governor Announces Medicaid Managed Care Reboot
* Returning Illinois Products Expo Offers 'Taste of Illinois Agriculture' - Supporting Illinois agri-businesses creates boost to Illinois economy

  
* Spotify is testing a lossless subscription tier for $15 to $20 per month
* Samsung Galaxy S8 shows up in the flesh in sharp new leaked photos
* Google unveils playable ads for Android game developers and other tools
* Nearpod raises $21 million to turn mobile devices into a teaching tool rather than classroom distraction
* [Deal] Get a free Chromecast or Chromecast Audio after buying a Google Home
* Cricket Wireless tweaks unlimited plan, lowers price to $55/mo
* HTC Vive financing launched, Tracker and Deluxe Audio Strap prices unveiled at MWC

* Process outweighs results for Kopech, Lopez
* Danish finds silver lining in knee injury
* Garcia raps four hits for rallying White Sox
* Kopech fans 2, hits 100 mph against Seattle
* Buehrle's former teammates thrilled about honor
* Abreu slugs first Sox homer; Giolito debuts
* Giolito: 'A lot to work on' after White Sox debut


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

Archives
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