* Press release…
In an effort to protect taxpayers, Governor Bruce Rauner today vetoed legislation that creates a five-year pension funding fiscal cliff for Chicago’s municipal and laborer pension funds that will lead to increased taxes for residents in the City of Chicago in 2023 and beyond.
“This is another kick-the-can approach to pension funding that landed Chicago in fiscal crisis in the first place,” Governor Rauner said. “This bill will create an unsustainable funding schedule that will lead to tax increases without solving the real problem.”
Collectively, Chicago’s pension funds face a combined deficit of around $30 billion. At the same time, skipped or delayed pension payments over the years have caused the state’s unfunded pension liability to balloon to $130 billion. In vetoing this legislation Friday, Rauner called on the state and all of its communities to work together on a more comprehensive approach to reform.
The action followed a morning press conference in Chicago where Rauner encouraged the General Assembly to pass a pair of bills that will deliver statewide pension reform to save taxpayers billions, while providing Chicago Public Schools with additional funding it has requested to complete the school year.
“It’s like trying to fix a drought with a drop of rain. We see pension funding challenges throughout the state – one off, short-sighted approaches won’t really fix the problem,” Rauner said. “We must have comprehensive, long-term pension reform. Let’s get it done.”
The bill passed with large veto-proof majorities, but that was during the 99th General Assembly, so it’s back to the ol’ drawing board.
* The veto message…
Today, I veto Senate Bill 2437 from the 99th General Assembly, which makes changes to the Chicago’s municipal and laborer pension funds. This legislation allows members of those pension funds hired between 2011 and 2016 to opt to pay more in employee contributions, in exchange, those members could retire at age 65, rather than 67. Additionally, it allows new members to the system to retire two years earlier while also increasing their employee contributions.
While I appreciate the effort to address the insolvency of certain pension funds for Chicago’s public employees, the legislation will create another pension funding cliff that the city does not have the ability to pay. This legislation will result in increased taxes on Chicago residents.
This veto also reflects a concern that the legislation would do nothing to address the overarching problem of underfunded pension systems throughout our State. Chicago pension funds alone face a combined deficit of around $30 billion. Our state pension funds are collectively underfunded to the tune of $130 billion. Short-term fixes like Senate Bill 2437 are not the answer and in fact are what has led to our current pension woes. This practice has to stop.
I encourage the General Assembly to pass comprehensive pension reform for our pension systems across the state and to protect our taxpayers from the rising costs of these unfunded systems.
Therefore, pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I hereby return Senate Bill 2437, entitled “AN ACT concerning public employee benefits”, with the foregoing objections, vetoed in its entirety. [Emphasis added.]
This was a negotiated settlement with the unions involved. And now, apparently, they’ve got to add it to the rest of the governor’s pension reform bill, which is going nowhere fast right now.
Expect vitriolic reacts in 3… 2…
*** UPDATE 1 *** From the Senate President’s spokesman…
The Senate feared this would happen. That’s why we went ahead and passed the same plan early this session, once again with bipartisan support. Hopefully the governor will get another chance to reconsider his opposition.
*** UPDATE 2 *** From Mayor Emanuel’s spokesman Adam Collins…
“The governor continues to make one irresponsible and irrational decision after another, and his veto today is the latest example. This bill passed with overwhelming bipartisan support because it improves our fiscal stability for taxpayers and shores up pensions for thousands of retirees who earned them. Instead of helping secure the future of our taxpayers and middle-class retirees, the governor chose to hold them hostage - just as he has done to social service providers, schoolchildren and universities across the state. The governor’s actions are harming the most vulnerable in our state, and the people of Illinois deserve better.”
* Related…
* Pension battle between ‘Gov. Gridlock’ and ‘Madigan’s Mayor’?: Under the city worker pension plan, city taxpayers would contribute millions more a year to the municipal workers’ and laborers’ pension funds. To pay for the increased contributions, the City Council approved a new tax on city water and sewer service. Without acting, the Municipal Employees Pension Fund would be left with a gaping hole in 2023 — even after a utility tax is fully phased in — that would require tax increases to honor the city’s commitment to reach 90 percent funding over a 40-year period.
* Emanuel wins approval of pension bill, but Rauner may veto: Even with the already enacted tax and fee increases, the city in 2023 would have to come up with at least $278 million more a year to meet the pension funding requirements in the bill approved Monday. The Rauner administration noted that in its statement.
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* Press release…
The Illinois Department of Employment Security notified the Illinois General Assembly of confirmation that one of its vendors experienced a data breach affecting approximately 1.4 million Illinois job seekers, according to the vendor’s current estimate. The vulnerability was not the result of any deficiency in software maintained by the State of Illinois and may have impacted ten states.
“The threat of cyber-crime is a clear and present danger to the citizens of Illinois and our administration will continue pressing forward with a comprehensive cybersecurity strategy,” Eleni Demertzis, Spokeswoman for Governor Rauner. “We implore Comptroller Mendoza to reevaluate her decision to hold up funding for this important project, which everyday puts the people of Illinois at risk.”
* From a recent press release from the comptroller…
More than $26 million in consulting fee payments from the [Statistical Services Revolving Fund] are currently being held:
McKinsey - $12 million
Accenture - $7.35 million
RL Canning - $170,895
Deloitte - $318,776
SAP Public Services - $1.8 million
So, by all means let’s speed up payments to Deloitte, McKinsey, SAP and Accenture. They’re such tiny, cash-strapped companies that they couldn’t possibly float their state invoices for a while. The social service providers won’t mind being bumped back again, I’m sure. They can just go back to their banks for another loan.
Both sides should just work it out, already. Enough.
…Adding… Just to be clear, the money in that Statistical Services Revolving Fund was transferred out of the General Revenue Fund “in the final days” of the Munger administration, according to the comptroller.
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* As I’ve already told you, Gov. Rauner is holding a press conference in Chicago today [ADDING: click here to follow it on ScribbleLive]. The governor is scheduled to talk about “Developments Regarding Illinois/CPS Pension Deal.”
Press release…
House Republican Leader Jim Durkin today called on Speaker Michael Madigan and the House Democrats to join the House Republicans in passing comprehensive pension reform that would provide significant savings for taxpayers and $215 million to the Chicago Public Schools for a one time pension parity payment.
According to Durkin, the legislation is modeled after legislation introduced in a bipartisan manner in the Senate. Specifically, HB 4027 includes:
• Senate President John Cullerton’s “consideration model” that would require members of TRS, SURS, SERS, GARS, and CTPF to exchange their Tier 1 COLA for the right to have future raises to be counted as pensionable, or keep their COLA and sacrifice future raises as pensionable. This concept previously received union support by the We Are One Coalition
• Provides a one-time normal cost payment to the Chicago Teachers’ Pension Fund of $215.2 million for FY 17
• Closes new member participation in GARS
• Offers Tier 1 TRS, SURS, SERS and GARS employees the option to participate in a defined contribution (DC) plan
• Creates a voluntary Tier 3 Hybrid defined benefit/defined contribution plan for new Tier 2 employees under TRS, SURS, and certain SERS members who do not participate in Social Security
“With this legislation, we estimate the State of Illinois will realize short-term savings of $2.25 billion dollars from the general funds and a substantial step towards closing the deficit gap. This is a significant step towards achieving a balanced budget but also saving our pension systems.”
“I have secured 25 House Republican co-sponsors for this legislation. With our 26 votes the House Republicans have provided their pro-rata share of support for a structured roll call vote on this important issue. This means we will provide our fair share of votes. The Speaker needs to provide his 34 votes to move this legislation to the Senate. This legislation will earn the Governor’s signature. Speaker Madigan and I have worked in the past on pension reform and I am calling upon him to help secure passage of this legislation. This reform is a major piece of the puzzle for breaking the budget impasse,” said Durkin.
However, Senate President John Cullerton, Mayor Rahm Emanuel and CPS have said they want permanent CPS pension funding in exchange for permanent pension reform. That wasn’t part of the deal with Rauner last year, but it was included in a Senate grand bargain bill that has already passed.
…Adding… Press release…
In response to Governor Bruce Rauner’s misleading press conference this morning, Illinois Federation of Teachers (IFT) President Dan Montgomery, a high school English teacher, released the following statement:
“Governor Rauner is basing his promise to Chicago school children and taxpayers on alternative facts. The pension bill Rauner demands as a condition for funding education reflects legislation that has already been ruled unconstitutional by our Supreme Court several times. This new bill, which also steals from public workers’ life savings, is likely to face the same fate, and therefore, its savings amount to nothing. For Rauner to say this is ‘good policy’ suggests he doesn’t understand the law or doesn’t care.
In the meantime, we will fall deeper into debt and students of Chicago will be deprived of the future they deserve. It’s time for the Governor to drop the ultimatums and do his job.”
Actually, there are two bills. One is Cullerton’s consideration model. But there’s a second bill which wouldn’t likely be challenged in court, that would do some basic, easy pension stuff and the CPS pension funding language.
…Adding More… From GOP Rep. Dave McSweeney…
I oppose HB 4027 because it includes a $215 million bailout for the Chicago Teachers Pension Fund. I strongly support real pension reform, but oppose spending $215 million to bail out the CPS. We have to stop spending money that we don’t have.
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* From the ILGOP…
When Lisa Madigan’s motion to stop state-employee pay failed at a St. Clair County Court last month, the Attorney General wasted no time in announcing she would appeal the decision. The Associated Press reported that Lisa Madigan immediately announced she would appeal the St. Clair ruling.
Yesterday, when a Cook County judge declared that lawmakers should be paid, Lisa Madigan was all but silent, saying only that her office was “reviewing the decision.”
Her priorities are backwards.
“Lisa Madigan is looking out for the politicians’ pay and not state employees. Instead of immediately announcing she will fight yesterday’s court ruling, as she did in her attempt to stop state employee pay, Lisa Madigan is so far refusing to fight to stop politicians, including herself, her father, and Comptroller Mendoza, from being paid. Lisa Madigan should announce today that she will file for an immediate stay to stop lawmakers from getting paid until they step up and pass a balanced budget with reform.” – Illinois Republican Party Spokesman Steven Yaffe
OK, so lemme get this straight. She vowed to appeal a decision after a judge ordered state employees paid without a valid, legal appropriation, but she didn’t immediately vow to appeal a decision after a judge ordered state legislators paid because of a valid, legal appropriation.
Got it.
*** UPDATE *** Press release…
“It is unfathomable that Susana Mendoza is rushing out $45,000 to every lawmaker without asking a judge for an immediate stay. Mendoza is putting Madigan Machine politicians first in line and breaking her campaign pledge to taxpayers.”
Susana Mendoza’s decision to get lawmaker pay out the door as quickly as possible, instead of immediately asking a judge for a stay, is an outrageous affront to taxpayers.
WMBD is now reporting that Mendoza is processing an $8.6 million payout for state level politicians, without asking for a stay.
Don’t forget – this is all a result of a lawsuit brought by Mike Madigan’s personal attorney.
This is the Madigan Machine at work, in plain sight, for all to see.
The video…
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* From Comptroller Mendoza…
I have consistently said that my office would continue to place elected officials’ paychecks at the back of the line to get paid unless a judge ordered me to stop.
A judge so ordered today.
As former Comptroller Judy Baar Topinka did in a 2013 legislator-pay case, I will release the back pay checks to all elected officials consistent with the judge’s order.
I have always argued that there is a sound policy reason, given the absence of a balanced state budget, to prioritize payments to the state’s most vulnerable – hospice care; child care; meals on wheels for seniors – ahead of paychecks for elected officials.
We will confer with the Attorney General and the consulting attorneys we retained from Holland and Knight, who advised us and the former Comptroller on this case, and ask them to appeal the judge’s ruling.
The brief filed this week by the attorneys for the legislative plaintiffs was pretty good. Click here to read it.
*** UPDATE 1 *** I just talked to one of the plaintiffs in the case, Rep. Chris Welch. Here’s what he had to say…
“It’s unfortunate that we had to do this. But we had to stand up for ourselves because we couldn’t allow one branch of government to hold another branch of government hostage. I hope that the governor will now turn his attention to getting a budget done.”
Legislators have been paid just once since last June.
*** UPDATE 2 *** From the ILGOP…
“Today’s decision by a Cook County judge to pay lawmakers before social service agencies and the vulnerable is a win for Mike Madigan and a loss for taxpayers and all those who want a balanced budget. Madigan’s long-time lawyer, Mike Kasper, led the lawsuit brought by Madigan-backed lawmakers. It’s outrageous that these politicians think they should be paid before the vulnerable, but that’s how the Madigan machine operates. This decision should be overturned on appeal.” – Illinois Republican Party Spokesman Steven Yaffe
*** UPDATE 3 *** Press release…
Deputy Governor Leslie Munger released the following statement on lawmaker pay, calling on Comptroller Susana Mendoza to ask for an immediate stay of the judge’s ruling pending appeal.
“Today, we witnessed the ultimate act of self interest - lawmakers putting their very own paychecks ahead of taxpayers, vital human services and those in need. For more than two years, lawmakers have failed to do their job and now believe they should be paid for doing nothing. As the judge said last week, if lawmakers did what they were sent to Springfield to do and passed a balanced budget this wouldn’t be an issue.
“Rather than immediately releasing all the back pay, the Comptroller should request independent counsel and ask for an immediate stay of the ruling pending her appeal. The fact the Comptroller didn’t immediately request a stay is further proof that the Comptroller, Attorney General and Speaker Madigan are engaged in a coordinated abuse of taxpayers.”
Maybe somebody should tell her she lost the election to Mendoza last year. Just sayin…
*** UPDATE 4 *** I just talked to the attorney general’s spokesperson…
We’re reviewing the decision and we’re talking with the comptroller’s office and we’re aware that they’re interested in appealing.
*** UPDATE 5 *** I asked the comptroller’s spokesman two questions. 1) Why no request for a stay pending appeal? The answer…
I would direct legal strategy questions to the AG.
I already did that.
2) Will statewides get paid now too?…
All elected officials.
I haven’t seen the order, but the lawsuit only covered legislators, even though statewide electeds were also not getting paid on time.
*** UPDATE 6 *** There’s not much to it, but the judge’s written order is here. There’s nothing in there about paying all elected officials, by the way.
*** UPDATE 7 *** A legal source told me that obtaining a stay would require proving irreparable harm to the state. So take this for whatever it’s worth…
“It’s mind-boggling that Susana Mendoza is refusing to call for an immediate stay and instead simply deferring to Madigan while also apparently seeking to expand the ruling so she also gets paid. An insult to taxpayers.” – Illinois Republican Party Spokesman Steven Yaffe
*** UPDATE 8 *** I asked Comptroller Mendoza’s office when the checks would be sent. I was told at 5:57 pm that they were “Processing now.”
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