Maybe not
Tuesday, May 12, 2015 - Posted by Rich Miller
* Gregory G. Katsas, Brian J. Murray and Anthony J. Dick are identified as “constitutional and appellate lawyers at Jones Day” for their Crain’s op-ed about the governor’s proposal to move all active state workers into a Tier 2 retirement plan…
Unlike the law just struck down, Rauner’s proposal operates entirely on a going-forward basis: It guarantees that workers will keep every cent of every pension benefit earned for past service under current law, and it thus leaves current retirees unaffected. At the same time, his proposal saves the state budget by slightly modifying the formula used to calculate benefits based on future service. […]
According to the critics of Rauner’s proposal, the pension “benefits” protected by the Illinois Constitution include not only earned pension benefits but every aspect of the pension formula used to calculate future benefits. On this reading, every employee who has drawn a public salary for even one day has a right to continue earning future benefits under the same formula for the entire course of his working life. If this view prevails, it will force the state to continue racking up staggering pension liabilities for decades to come.
We recognize that the Illinois Supreme Court’s recent decision contains language broadly stating that “benefit calculation formulas are entitled to constitutional protection.” Nonetheless, Illinois courts never have squarely addressed whether pension formulas can be modified only as to future years of service.
On the contrary, the court’s decision emphasized that pension benefits are not protected until the employee “complies with any qualifications imposed when the additional benefits were first offered.” This means that as long as the Legislature changes the pension formula to be applied to future years of service, employees will have a fair chance to decide whether to continue working for the state while earning new retirement benefits based on the new formula.
* I dunno. From last week’s Supreme Court ruling. Emphasis added…
Under article XIII, section 5, members of pension plans subject to its provisions have a legally enforceable right to receive the benefits they have been promised. People ex rel. Sklodowski v. State, 182 Ill. 2d 220, 229-32 (1998); McNamee v. State, 173 Ill. 2d 433, 444-46 (1996). The protections afforded to such benefits by article XIII, section 5 attach once an individual first embarks upon employment in a position covered by a public retirement system, not when the employee ultimately retires. See Di Falco v. Board of Trustees of the Firemen’s Pension Fund of the Wood Dale Fire Protection District No. One, 122 Ill. 2d 22, 26 (1988). Accordingly, once an individual begins work and becomes a member of a public retirement system, any subsequent changes to the Pension Code that would diminish the benefits conferred by membership in the retirement system cannot be applied to that individual. Buddell v. Board of Trustees, State University Retirement System, 118 Ill. 2d 99, 105-06 (1987) (pension protection clause barred statutory change in Pension Code which prevented current pension system member from purchasing service credit for time spent in military); Felt v. Board of Trustees of the Judges Retirement System, 107 Ill. 2d 158, 162-63 (1985) (amendment to Pension Code adversely affecting base salary used to compute annuity impermissibly reduced retirement benefits of existing retirement system members in violation of pension protection clause); Kraus v. Board of Trustees of the Police Pension Fund, 72 Ill. App. 3d 833, 844-48 (1979) (change in Pension Code’s method of computing a police officer’s pensionable salary in a way that would reduce the amount of the pension could not, under the pension protection clause, be applied to persons who were members of the retirement system prior to the amendment’s effective date); Miller v. Retirement Board of Policemen’s Annuity & Benefit Fund, 329 Ill. App. 3d 589 (2001) (amendments to Pension Code which reduced benefits of existing retirement system members with respect to eligibility for automatic annual increases unconstitutional under pension protection clause); Schroeder v. Morton Grove Police Pension Board, 219 Ill. App. 3d 697 (1991) (finding invalid, as violation of pension protection clause, amendment to Pension Code reducing pension benefits based on receipt of workers’ compensation benefits).
Your thoughts?
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It’s just a bill…
Tuesday, May 12, 2015 - Posted by Rich Miller
* I missed this because I was too busy to go…
Hoping to trigger support for a law legalizing gun silencers, an Illinois firearms lobbyist said Monday there is a difference between the way Hollywood portrays suppressors and how they actually work and sound.
Todd Vandermyde, a key architect of the state’s concealed carry law, took members of the central Illinois media to the Athens Police Department’s gun range Monday and had them listen to the difference in the ways guns sound with and without a suppressor. Reporters then tested out the guns for themselves.
“So what this is all about is we’ve had some legislation pending in the statehouse to legalize suppressors in Illinois,” Vandermyde said. “Suppressors are the industry term for what a lot of people call silencers. They’re called suppressors because they don’t really silence the sound of the gun, they suppress it.”
Thirty-nine states allow some form of legal possession of suppressors. Vandermyde said suppressors help limit the noise from neighbors who are shooting on their own land or hunting and helps give peace to neighbors of gun ranges. They are also helpful to those who are shooting the firearms, especially if ear protection is not being worn.
* Meanwhile…
Will County officials say they could support an amendment in the works designed to lessen the financial blow of a new state law requiring juror pay hikes. […]
The draft legislation obtained by The Herald-News has yet to be filed and is still being vetted and discussed among working groups. But the draft increases juror pay from the current $4 to $10 per day to $20 the first two days and $30 for each subsequent day.
That’s still a raise — but it’s not as substantial as the pay raises outlined in the original legislation approved last-minute during last year’s veto session. That bill increased juror pay to $25 for the first day and $50 each successive day.
Sangmeister said the amendment reduces the estimated increased expense by about $125,000 annually for the county.
* From a press release…
On Wednesday morning, State Representative Robyn Gabel will present Senate Bill 1564 to the Illinois House Human Services Committee. The proposal, which already has passed the Senate on a bipartisan vote (34-19), amends the Illinois Health Care Right of Conscience Act to ensure that patients get all the information they need in order to make the best decisions about their health care treatment.
The measure, as passed by the Senate, reflects a compromise between the ACLU, the Catholic Conference, the Catholic Health Care Association and the Illinois State Medical Society.
In recent days, a group of legislators and anti-abortion advocates have launched a “fact-free” campaign, designed to derail the legislation. One advocate, for example, told a press event last week that the measure would force doctors to perform abortions. This is not true. A legislator told the same press gathering that the measure was an idea ”in search of a problem.” This will come as news to Mindy Swank, whose health and future fertility were put at risk after health care providers failed to give her all the information she and her husband Adam needed to make an informed decision about a difficult pregnancy.
* We could certainly use more tourism, but I dunno how many places outside a new Chicago casino would see much of an uptick…
Tourism officials on Monday pitched the benefits of a Chicago casino to lawmakers whose task of balancing Illinois’ books has become harder after the state Supreme Court threw out hoped-for savings on pension costs.
Continuing long-standing efforts to expand gambling in Illinois, representatives from the dining, hotel and tourism industries told a panel of lawmakers that a casino in Chicago’s downtown area would create thousands of jobs, drive more business to local restaurants and send much-needed money into state and city coffers.
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This Is Illinois
Tuesday, May 12, 2015 - Posted by Rich Miller
* As is too often the case, we missed out. It took us too long to get started and then it took too long to get the law passed and the rules hammered out…
(T)he overall outlook for fracking in Illinois is uncertain, a consequence of low oil prices that started dropping right about the same time the state finished composing its fracking permit process in November.
Not a single company has applied for a fracking permit in Illinois, the state Department of Natural Resources reports. Nationwide, about 1,000 oil and gas rigs have ceased operations since the recent peak in September 2014, said Ethan Bellamy, a senior analyst at Robert W. Baird & Co.
Maybe some other time.
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Moving close to Thompson Center sale?
Tuesday, May 12, 2015 - Posted by Rich Miller
* Back in March, the Rauner administration put out a request for bids “to obtain knowledge that will assist in developing and issuing a comprehensive formal solicitation to acquire appraisal services of the James R. Thompson Center.”
Well, the state is now actively looking for an appraiser…
The Department of Central Management Services, Bureau of Property Management is requesting bids for appraisal services for the James R. Thompson Center (JRTC) located at 100 W. Randolph St, Chicago, Illinois in Cook County.
The intent is to assist CMS in establishing a Fair Market Value for the purpose of a potential sale of the JRTC property.
* It’s also looking for some logistics help to move people around…
The Department of Central Management Services issues this Request for Proposal to contract for logistical and management services. To meet the State’s goal of reducing the cost for occupied State employee space, the State needs to assess and implement relocation of State employees within the James R. Thompson Center (JRTC) located at 100 W. Randolph Street in Chicago, Illinois and the Michael A. Bilandic Building (MABB) located at 160 N. LaSalle Street in Chicago, Illinois.
It will be the responsibility of the awarded Vendor to implement the plan established by the vendor and approved by the State and provide overall management and services to assure the complete relocations, transfer of contents, furnishings and equipment and procurement of alternative work space for employees affected by the dislocation.
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It’s “ITLA Day” in the Illinois House
Tuesday, May 12, 2015 - Posted by Rich Miller
* The House Democrats have released their witness list for today’s “Committee of the Whole” dealing with tort reform. Not surprisingly, some of the same folks who appear in the Illinois Trial Lawyers Association’s ads on this blog are also scheduled to testify today…
Panel 1
• Jennifer Hill – Mother of Ryan Hill (Illinois)
• Crystal Bobbitt – Mother of Juliann Bobbitt (Indiana)
• Prof. Bernard Black, JD – Professor of Finance and Law,Northwestern University
• Dr. David Hyman, MD, JD – H. Ross and Helen Workman Chair in Law and Professor of Medicine, University of Illinois
Panel 2
• Molly Akers (Illinois)
• Linda Reynolds (Missouri)
• Prof. Bernard Black
• Dr. David Hyman
Panel 3
• Richard Marston – Caregiver and close friend of Len Kulisek (Illinois)
• Frank Krivach – Father of Donald Krivach (Indiana)
• Prof. Bernard Black
• Dr. David Hyman
Panel 4
• Sarah Deatherage – Widow of Trooper Kyle Deatherage (Illinois)
• Elizabeth Sauter – Widow of Trooper James Sauter (Illinois)
Panel 5
• Madlyn Steffey – Mother of Samantha Bellino (Illinois)
• Kim Bermingham – Mother of William Bermingham (Indiana)
• Prof. Bernard Black
• Dr. David Hyman
Panel 6
• Amy Clark – Mother of Timothy Clark (Illinois)
Panel 7
• Prof. Bernard Black
• Dr. David Hyman
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Illinois pride, tattoo style
Tuesday, May 12, 2015 - Posted by Rich Miller
* While attending last week’s House vs. Senate softball game, I noticed that Daily Herald Public Affairs Reporting intern Erin Hegarty had an unusual tattoo on her forearm. We talked about it a bit and I asked her to write something for y’all…
I knew I wanted a tattoo that incorporated both Chicago and the state of Illinois, and while I did take several art classes in high school, I could not come up with a design idea on my own. So, I found out at the beginning of June 2014 that a nearby tattoo parlor was offering $20 pre-drawn tattoos on both Friday June 13 and Saturday June 14. I took a look at the sheet of design options for the tattoos, and I immediately knew I had met my destiny: an outline of Illinois with part of the Chicago flag inside. It wasn’t too big and fit nicely into my budget. I, of course, researched the tattoo parlor and found out a good friend of mine had most of her (very nice looking) tattoos done by the same artist who would be doing mine.
The morning of June 14 rolled around. I biked to Chicago’s Millennium Park for free 8 a.m. yoga, then biked back up north to stand in line for my new body art; running shoes, bike shorts and all. Out of everyone in line, I probably looked the least likely to be standing in a 3-hour line for a discounted tattoo.
I chose to get it on my forearm because I wanted to be able to see it. And I love wearing blazers and cardigans, so I knew covering it up at work wouldn’t be a problem. I caught some flack from family members who said it was unprofessional and something they wouldn’t have done themselves. But I love it.
I argue that as an Illinois Statehouse reporting intern, my tattoo shows a great deal of dedication and love for Illinois. I like that if I ever need to draw Illinois, I can look at my arm and use it as a guide. And I hope to be a Chicagoan, or at least Illinoisan, for the rest of my life, so while some people can live here all their life and not feel the need to have their favorite city and state permanently inked on their body, I think it’s a fine idea.
When I have it more visible during the summer months, I look forward to playing this situation out as it has numerous times:
Stranger: I like your tattoo.
Me: Thanks.
Stranger: What is it?
Me: Oh, just an outline of Wisconsin, it’s my favorite state.
Stranger: (with a puzzled look)…yeah but that’s Illinois.
Me: What?! They told me this was an outline of Wisconsin!
So, of course everyone loves to hate on Illinois, and maybe they’ve good reason to. But growing up in the suburbs, living in Chicago and now living in Springfield, there is no other design I would rather have permanently on my arm.
Pretty cool story.
* Erin…
* Closeup…
Thoughts?
* Erin is also attempting to increase her Twitter following, so click here and follow her if you like her tattoo!
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* From the governor’s office…
Good Morning, Rich!
The following communities have passed the resolution:
Lincolnshire
Watseka
Iroquois County
In addition, the Naperville Chamber of Commerce and the Naperville Development Partnership also passed the resolution.
Best,
ck
* No local updates appear on the Illinois AFL-CIO’s Facebook page today, but there is this…
* Meanwhile, Greg Hinz talked to DCEO Director Jim Schultz…
(T)he DCEO [private development agency] plan is part of Rauner’s wider agenda to reform tort law, cut back on workers’ compensation insurance and aid to the unemployed, allow local communities to ban union shops, and reduce the power of public-sector unions.
Asked what ranks highest on that list, Schultz replied: “All of it. There’s no rank order.” Pushed a bit, he seemed to suggest that the privatization idea is his personal priority, but termed the other items “all the same.”
More than 1,100 companies “blacklist” Illinois because it has no right-to-work law, Schultz said, declining to name any of the 1,100.
I’d like to see that list, but it’s true that some manufacturers won’t consider locating to a non-RTW state…
In a move that’s surprising to some, Volvo recently announced that it’s establishing a new factory outside of Charleston. The Swedes are following the growing trend of foreign automakers setting up shop in the South, making it a growing manufacturing center in the U.S.
The new Volvo facility will cost about $500 million to build. When the factory is finally operational, it will roll out about 100,000 vehicles annually and employ about 4,000 people in the area. Ground is set to be broken in the fall, with the first wave of vehicles expected to roll off the assembly line in 2018. […]
The new Volvo factory will build vehicles for the North American market, plus other areas of the world. Many manufacturers have been drawn to the South because of right-to-work laws that have diminished the power of labor unions.
* I think AFSCME is going to have a real problem with this issue during negotiations…
A coalition of state and national business groups hopes to deliver a death blow to organized labor in Louisiana, pushing an anti-union bill that would ban automatically deducting membership dues from the paychecks of government workers. Unionized firefighters, police officers and teachers would be among those affected.
*** UPDATE *** Tom Kacich…
While Gov. Bruce Rauner is urging local governments to establish local “right to work zones,” where workers wouldn’t have to join a union and pay dues as a condition of employment, the Champaign County Board is looking into a new level of cooperation with labor unions on construction projects.
The concept — called a “local economic growth initiative tripartite” — is scheduled to be discussed at a county board committee of the whole meeting at 6:30 p.m. today at the Brookens Administrative Center. […]
(T)wo county board Democrats who are promoting the agreement say it’s meant to benefit the county, which is facing several million dollars’ worth of construction programs in the future.
Urbana Democrat James Quisenberry said the initiative — which involves the county, contractors and unions on projects of over $100,000 — builds on existing agreements.
“In a project labor agreement, you not only commit to the prevailing wage and working with the local trades on a project, but they turn around and give you assurances against work stoppages and strikes,” Quisenberry said. “This is going to come off as a response to Rauner and ‘the turnaround agenda’ because that’s about right to work and getting out of collective bargaining arrangements, and this is about committing more to those, but I think it’s a reality of our county that we tend to be more supportive of labor.”
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Amy’s Story: Erroneous Blood Test Alters Their Lives
Tuesday, May 12, 2015 - Posted by Advertising Department
[The following is a paid advertisement.]
My name is Amy Clark. Shortly after my first son, Brandon, was born I noticed he wasn’t meeting developmental milestones. He was showing severe developmental delays. As he got, he couldn’t speak and was excessively happy.
Brandon was diagnosed with Angelman Syndrome, a rare neuro-genetic disorder. After genetic testing, I was told Brandon’s form of Angelman Syndrome was spontaneous and not hereditary.
Brandon’s condition required so much of my time and attention I wanted to be 100 percent positive his condition was not hereditary before I thought about having another child. I sought a second opinion and was assured the initial tests were negative. I was told I had a less than 1 percent chance of conceiving another child with Angelman Syndrome.
Our second son, Timothy, began showing the same symptoms of Angelman Syndrome that Brandon had. I sought answers and discovered my original genetic tests were not negative. The doctors were wrong, I indeed tested positive for the hereditary genetic mutation. This meant I had a 50 percent chance of having a child with Angelman Syndrome.
Because of the doctors’ mistakes, I now have two disabled children who demand 100 percent of my time and attention.
The civil justice system in Illinois allowed me to hold the doctors accountable for their mistakes. I cannot work, because it’s impossible to find someone to care for the boys. My life is not normal by any means, and my settlement did not place me in the lap of luxury. I needed my settlement to survive, pay the bills and to put food on the table. I didn’t win a jackpot—I obtained justice. Trust me, I’d give it all back to have that big, healthy family I always wanted.
To read more of Amy’s story, click here.
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Question of the day
Tuesday, May 12, 2015 - Posted by Rich Miller
* Things are getting a bit tense in comments these days, so in an attempt to make this environment more civil, I’m going to start banning more words.
Words like “moron,” “idiot,” etc. are currently banned now. You might be able to see your posts, but nobody else can. I’ve too often allowed those words to slip through the net, but no longer.
This morning, I banned “dope” and “stupid.” If you use those words, your comment will not post. There will be no exceptions. I’m tired of the vitriol. Repeat violators will be banned for life.
* This is not a public space. This website belongs to me. No one has an inherent right to say anything that comes to their minds here. Go scream in a park, or on a street corner or wherever. Not here.
You’re obviously free to disagree with me, the subject of a post, another commenter or whatever your heart desires. But the level of hostility is just getting out of hand. So keep it civil or you’re gone.
I don’t sell ads based on the number of page views or impressions. Ad sales are based on the fact that most everybody at the Statehouse is on this blog and some of y’all are becoming an embarrassment to me and could wind up driving my target audience away. If you are among those commenters who are getting too hot-headed, just know that I don’t need you here, I don’t want you here and you are harmful to my business model. I will not hesitate to kick you to the curb.
/rant
* Look, I fully understand how people can get angry at times. I do, too, as is clear by the above rant. And I also understand how posts here (like that horrible idea to lay off all state employees) can get people truly fired up. But we can criticize and even ridicule without becoming personal and without resorting to nasty words. We all need to elevate ourselves, and I’ll try to do the same.
* The Question: Your nominations for newly banned words in order to hopefully foster a more civil commenting environment?
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* Reuters…
An attempt by holders of bonds issued by bankrupt San Bernardino to win the same treatment accorded the city’s biggest creditor, state pension giant Calpers, was rejected by a federal judge on Monday, in a ruling the judge called “tentative.”
The ruling comes three days before the southern California city of San Bernardino produces its bankruptcy exit plan, which, if confirmed, would appear to clear the way for the city to slash its bondholder debt. The city has already said that it intends to pay Calpers, which has assets of $300 billion, in full.
The ruling mirrors what happened in two other recent city bankruptcies - Detroit Michigan, and Stockton, California - where bondholders were paid little of what they were owed, while pensioners and pension funds emerged relatively untouched.
[Hat tip: News Alert]
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Medicaid – Know the Facts Part 2
Tuesday, May 12, 2015 - Posted by Advertising Department
[The following is a paid advertisement.]
Oppose $810 million in proposed FY 2016 hospital Medicaid cuts because:
· In a new report, the Civic Federation, a well-respected, non-partisan fiscal watchdog organization, opposes the Governor’s recommended FY16 budget because “it relies heavily on projected savings that do not appear to be achievable or prudent in light of the State of Illinois’ obligations and long-term policy objectives.”
· The Civic Federation opposes “budgeting for other unrealistic savings,” including the Governor’s proposal to reduce Medicaid funding to hospitals by $400 million under the Hospital Assessment Program – the largest single proposed Medicaid reduction. Under the program, hospitals pay assessments to the State to draw down federal Medicaid matching funds.
· The Civic Federation is concerned that the Governor’s proposal to eliminate fees [$60 million] for new Medicaid managed care entities [provider-sponsored Accountable Care Entities and Care Coordination Entities] and require them to accept fully capitated rates “could disrupt the State’s overdue transition to managed care.” This proposal “has the potential to disrupt medical care for approximately 485,000 recipients if their managed care entity does not agree to full capitation and must disband.”
Cutting Medicaid in the FY2016 budget is shortsighted and will result in real harm to people and communities.
For more information, go to www.TransformingIllinoisHealthCare.org.
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Pantagraph: Open it up
Tuesday, May 12, 2015 - Posted by Rich Miller
* The Pantagraph editorializes on the secret legislative working groups…
“They are private meetings,” Rauner spokeswoman Catherine Kelly told Kurt Erickson of the Lee Enterprises’ Springfield Bureau. “They are private discussions that we’re keeping confidential to protect the process.” […]
It’s hard to see how private meetings are needed to “protect the process.” It’s troubling because we don’t know if the meetings are bipartisan, or if there is any diversity. For all we know, they are loaded with like-minded people who are merely rubber-stamping an agenda. We are used to legislators meeting in private, but often we were at least aware of who was involved in the process and vaguely what they were talking about. Now we are completely in the dark.
By choosing to work out of public view, the Rauner administration is effectively telling the public that they know what’s best for the state and that we shouldn’t worry our silly heads about what kind of deals or discussions are going on in private.
For the record, transparency is defined by Merriam-Webster as “something transparent; especially: a picture (as on film) viewed by light shining through it or by projection.”
Defending the idea that conducting business out of the public’s view makes for better government does nothing to give us confidence that things have changed for the better in Springfield. There is no light shining on this process. State government in Illinois has never been known as a bastion of openness, but this takes it down one more notch.
We do know who the members are, but that’s no thanks to the Rauner administration.
Other than that, it’s hard to disagree with the editorial.
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Today’s number: 7 years
Tuesday, May 12, 2015 - Posted by Rich Miller
* Kurt Erickson on the governor’s idea to pass a constitutional amendment to fix the pension issue…
On Monday, Rauner spokeswoman Catherine Kelly declined to answer whether the governor or his staff is preparing to introduce a proposed constitutional amendment. The spring legislative session is scheduled to end in 20 days.
“He will continue to work with the Legislature to find a commonsense, bipartisan solution that will help put the state back on sound financial footing,” Kelly said.
If a constitutional amendment did make it through the process, legal experts say any changes could be appealed in the federal court system, which could rule that reducing pension benefits violates the U.S. Constitution.
In other words, a final answer on Rauner’s proposal could be several years away.
“Even if everything went right, you would be talking five, six, seven years,” John Colombo, interim dean of the University of Illinois College of Law, told Reuters.
It’s fine if the governor wants to propose a constitutional amendment. Let’s see it.
But we also need an immediate fix, which I discussed with subscribers yesterday. The Rauner plan might not be implemented until he’s out of office, for crying out loud.
* One thing is certain, however. The hyperbolic goofballs who swore up and down that the last pension reform plan was absolutely constitutional and demanded immediate action need to either admit they were wrong from the beginning or be cut out of this new process.
Also, too, remember how the aforementioned goofballs dismissed as unworkable Senate President John Cullerton’s “Plan B” amendment which would’ve been attached to the pension reform bill in case that one was declared unconstitutional? Yeah, well, if Cullerton had been listened to, then maybe we wouldn’t be in this freaking mess today. Or maybe not, but at the very least Cullerton should be given a much more influential seat at the table.
Our pension reform policy is being driven far too much by screamers instead of thinkers. That needs to change.
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