Fri Nov 21, 2014, 05:51 PM

Illinois pension reform law is unconstitutional, judge rules

http://politics.suntimes.com/article/chicago/illinois-pension-reform-law-unconstitutional-judge-rules/fri-11212014-213pm
Thank goodness. There are so many equitable ways to resolve this crisis without cheating the people who earned their pensions and kept up their ends of the bargain.
Now on to the state supreme court which recently ruled 6-1 against diminishing promised health benefits to retirees.

Sangamon County Circuit Judge John Belz ruled Friday in favor of state employees and retirees who sued to block the state's landmark pension overhaul.

“The Act without question diminishes and impairs the benefits of membership in State retirement systems,” Belz wrote in the ruling. “Illinois Courts have consistently held over time that the Illinois Pension Clause’s protection against the diminishment or impairment of pension benefits is absolute and without exception….”Because the Act diminishes and impairs pension benefits and there is no legally cognizable affirmative defense, the Court must conclude that the Act violates the Pension Protection Clause of the Illinois Constitution.”

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3 replies	Author	Time	Post
Illinois pension reform law is unconstitutional, judge rules (Original post)	Gidney N Cloyd	Nov 2014	OP
Not that I was in favor of this law, but	frazzled	Nov 2014	#1
For years, it was the received political wisdom in Illinois	Fortinbras Armstrong	Nov 2014	#2
They do need to reform it.	mucifer	Nov 2014	#3

Response to Gidney N Cloyd (Original post)

Fri Nov 21, 2014, 07:07 PM

frazzled (18,341 posts)

1. Not that I was in favor of this law, but

explain to me what many equitable ways could resolve the crisis (ones that wouldn't involve cutting any services to the poor). I can only think of one way: changing the Illinois income tax to a graduated one that leaves the middle-class burden more or less unchanged but is very high on the high-income end. It would be hard to pass, but should be done regardless of the pension crisis.

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Response to frazzled (Reply #1)

Sat Nov 22, 2014, 09:28 AM

Fortinbras Armstrong (4,467 posts)

2. For years, it was the received political wisdom in Illinois

That even suggesting raising the income tax rate was political suicide. Having a graduated income tax would be DOA in the legislature.

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Response to Gidney N Cloyd (Original post)

Sat Nov 22, 2014, 09:49 PM

mucifer (21,335 posts)

3. They do need to reform it.

There are people who get more than one pension who really shouldn't. There are certain reforms that need to be made.

But, that doesn't apply to most of the workers with pensions.

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