Capitol Fax.com - Your Illinois News Radar » Illinois Supreme Court rules against local pension fund fiefdoms
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
Illinois Supreme Court rules against local pension fund fiefdoms

Friday, Jan 19, 2024 - Posted by Rich Miller

* Hannah Meisel


* Press release…

Governor JB Pritzker released the following statement on the Illinois Supreme Court’s ruling on local pension consolidation:

“The Illinois Supreme Court upholding the constitutionality of this landmark, bi-partisan pension reform law today is confirmation that smart, thoughtful pension reform can be accomplished in Illinois. After 70 years of attempts, my partners in the General Assembly and I were able to accomplish meaningful reform during my first term in office. We ushered in a new era of responsible fiscal management, one aspect of which has been consolidating over 600 local pension systems to increase returns and lower fees, reducing the burden on taxpayers and keeping another campaign promise. Today’s Supreme Court ruling is a victory for Illinois taxpayers, local governments and first responders.”

* It was a pretty slam dunk case

THE ARLINGTON HEIGHTS POLICE PENSION FUND et al., Appellants, v. JAY ROBERT “J.B.” PRITZKER, Governor, et al., Appellees […]

Plaintiffs filed a complaint against defendants in the circuit court of Kane County seeking, inter alia, a finding that Public Act 101-610 (eff. Jan. 1, 2020) (Act), which amended portions of the Illinois Pension Code (40 ILCS 5/1-101 et. seq. (West 2020)), violated article XIII, section 5, of the Illinois Constitution (Ill. Const. 1970, art. XIII, § 5), commonly known as the pension protection clause, and/or article I, section 15, of the Illinois Constitution (Ill. Const. 1970, art. I, § 15), commonly known as the takings clause. The circuit court granted summary judgment in favor of defendants. The appellate court affirmed. 2023 IL App (2d) 220198, ¶ 20. For the following reasons, we also affirm. […]

It is axiomatic that, if plaintiffs have no constitutional right in how their local pension funds are funded or the adequacy of that funding, they similarly have no constitutional right regarding who invests local fund assets. The Act does not change plaintiffs’ right to elect members of their local funds’ boards or the local boards’ authority to determine the amount of benefits plaintiffs are entitled to receive. It only changes the local boards’ power to invest the assets of the local funds. Simply put, the 2020 amendment to the Pension Code has no impact on plaintiffs receiving their promised monetary benefits. […]

Plaintiffs have failed to identify any property right under Illinois law that is affected by the 2020 amendment to the Pension Code. It is undisputed that the Act does not impact the pension payments that plaintiffs are entitled to receive. Additionally, as defendants recognize, plaintiffs’ takings claim must also fail because even if they had a property right in the local funds’ assets, which they do not, the Act would not constitute a taking of that property for the government’s use. The Act simply changes how local fund assets are managed and invested without affecting the ultimate use of those assets to pay the benefits of local fund members

The Illinois Municipal League and the Associated Firefighters of Illinois supported the state’s position.

…Adding… House Speaker Chris Welch…

Today’s ruling shows that smart decision making can produce real savings for taxpayers, while protecting what workers have earned. By advancing commonsense reforms, collaborating with stakeholders, and delivering fiscally and socially responsible budgets, we’re continuing to rebuild Illinois’ fiscal house and move our state forward.

       

8 Comments
  1. - Juvenal - Friday, Jan 19, 24 @ 11:11 am:

    “Fiefdom” is correct.

    This case is about the worst kind of pinstripe patronage, where local pension boards hand out contracts to their pals to manage assets at above-market fees, all to the detriment of pension fund members and the public.

    Kudos to lawmakers and the governor for this move.


  2. - Anyone Remember - Friday, Jan 19, 24 @ 11:31 am:

    Always thought this was less about the stated reason(s) and more about the loss of discretion and the reduced “training” in Wisconsin.


  3. - New Day - Friday, Jan 19, 24 @ 11:35 am:

    Honestly, it always seemed like a dumb case so I’m not surprised the ruling was unanimous. Feifdom is exactly the right word. So is trough-feeders (yea, I used the hyphen so it was still one wordish).


  4. - Annon'in - Friday, Jan 19, 24 @ 12:06 pm:

    Sound decision. Not sure we agree with Ms. Meisel’s reporting the decision was “unsurprising” Past SC decisions have clipped just about every pension.
    Consolidation of downstate police & fire (which include the suburbs) was the easiest change. It probably brings small savings. But it took nearly 4 years. Uncertain if there are any other steps to be taken that get SC approval.
    Suggestions?


  5. - Rabid - Friday, Jan 19, 24 @ 1:12 pm:

    Try that in a small town


  6. - Jane's Hair - Friday, Jan 19, 24 @ 2:27 pm:

    I am pretty sure they try this, and nearly every other kind of shenanigan, in small towns as small towns have people in them.


  7. - Retired SURS Employee - Friday, Jan 19, 24 @ 2:27 pm:

    Not at all surprised by the unanimous decision. I always thought that the plaintiffs’ case was flimsy, at best.


  8. - Franklin - Friday, Jan 19, 24 @ 2:56 pm:

    The power of a dollar that continuously circulates in a community is amazing. Once you remove that dollar and send it somewhere else the positive effect is lost. Nice of the Governor to help his Wall Street investment pals profit on dollars pulled directly from small communities. Somehow that’s not crony capitalism.


Sorry, comments for this post are now closed.


* Isabel’s afternoon roundup (updated)
* SUBSCRIBERS ONLY - Fundraiser list
* Feds approve Medicaid coverage for state violence prevention pilot project
* Question of the day
* Bost and Bailey set aside feud as Illinois Republicans tout unity at RNC delegate breakfast
* State pre-pays $422 million in pension payments
* Dillard's gambit
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Supplement to today’s edition
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Selected press releases (Live updates)
* Illinois react (Updated and comments opened)
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

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

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

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

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


Loading


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

Archives
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
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




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