LovingA2andMI
LovingA2andMI's Journal(Illinois) State Supreme Court says retiree health benefits are protected by constitution
Source: AFSCME Council 31 - Illinois
"In a major victory for state of Illinois and state university retirees, the Illinois Supreme Court has reversed a lower court’s dismissal of lawsuits challenging SB 1313, which effectively repealed promised retiree health care benefits. One of the suits was brought by AFSCME and its union partners – the IFT, the FOP and INA.
The court found that health care benefits for retired state and university employees are protected by the pension protection clause of the state constitution (Article XIII, Section 5) and cannot be diminished or impaired. The court sent the case back to Circuit Court for further proceedings.
“Giving the language of article XIII, section 5, its plain and ordinary meaning, all of these benefits, including subsidized health care, must be considered to be benefits of membership in a pension or retirement system of the State and, therefore, within that provision’s protections,” the court wrote in its opinion.
"The Supreme Court ruled today that men and women who work to provide essential public services – protecting children from abuse, keeping criminals locked up, caring for the most vulnerable and more – can count on the Illinois Constitution to mean what it says," Council 31 Executive Director Henry Bayer said. "Retirement security, including affordable health care and a modest pension, cannot be revoked by politicians.
"Unions representing public employees and retirees have stood virtually alone against political and corporate-funded attacks on retirement security," Bayer added. "Time and again we have urged legislators to respect the constitution they are sworn to uphold, and to work together with us to develop fair and constitutional solutions to the state's very real fiscal challenges. We remain ready to work in good faith with anyone to do so."
The opinion, and its validation of the pension protection clause, is an encouraging sign as AFSCME and other unions seek to overturn laws that would cut pension benefits for state of Illinois and state university retirees (SB 1 –Public Act 98-599) and City of Chicago retirees (SB 1922)."
Read more: http://www.afscme31.org/news/state-supreme-court-says-retiree-health-benefits-are-protected-by-constitution
This could have HUGE implications for Detroit, Michigan retirees.....if they can change their votes --- to NO on the Grand Bargain--- before July 11th.
Illinois Supreme Court Ruling on Pension Benefits Could Change the Landscape of Detroit's Grand Bargain Deal
"The Supremacy Clause. According to Cornell University Law School, the Clause confirms in, "Article VI, Paragraph 2 of the Constitution... that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions." Scary language when City of Detroit retirees in less than a week are facing a life altering decision.
The open question is if these former and current workers vested in Detroit's Pension Plans vote yes to a 4.5% cut to monthly annuity income, or face upwards of a 27% reduction or more by voting no.
Furthermore, U.S. Sixth Circuit Court Bankruptcy Judge Steven Rhodes could pull a "trump card" of sorts if retirees were to deny what is known as the "Grand Bargain" using a Austerity focus safety net -- Supremacy. Or will he?
The decision made on Thursday, July 3, 2014 over the course of a busy holiday weekend in S.E. Michigan was heard like an ant crawling across a floor. Pretty much, not at all. Yet, the Illinois Supreme Court ruling was ground shaking.
As another state facing what the austerity hyper-focus call a pension short-fall, a bi-partisan Illnois State Legislator voted to diminish a core benefit retirees via Unionized contracts approved in good faith.
Public Act 97-695 of 2012 allowed the Illinois to charge retired workers for health care insurance premiums, which many did not have to pay depending on how long they worked for the state.Legal challenges to the Public Act took nearly two years to land within Illinois' Supreme Court Docket.
After a thorough review in a 6 to 1 strong majority decision, the state court decided to affirm language in Article 14, Section 9 of Illinois Constitution -- setting a possible future U.S. Supreme Court Case in motion, whether or not City of Detroit Retirees vote yes or no to its' Grand Bargain plan."
READ MORE: http://www.reachoutjobsearch.com/2014/07/oped-llinois-supreme-court-ruling-on.html#ixzz36iK6ZG00
llinois Supreme Court Ruling on Pension Benefits Could Aler Landscape of Detroit's Grand Bargain
"The Supremacy Clause. According to Cornell University Law School, the Clause confirms in, "Article VI, Paragraph 2 of the Constitution... that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions." Scary language when City of Detroit retirees in less than a week are facing a life altering decision.
The open question is if these former and current workers vested in Detroit's Pension Plans vote yes to a 4.5% cut to monthly annuity income, or face upwards of a 27% reduction or more by voting no.
Furthermore, U.S. Sixth Circuit Court Bankruptcy Judge Steven Rhodes could pull a "trump card" of sorts if retirees were to deny what is known as the "Grand Bargain" using a Austerity focus safety net -- Supremacy. Or will he?
The decision made on Thursday, July 3, 2014 over the course of a busy holiday weekend in S.E. Michigan was heard like an ant crawling across a floor. Pretty much, not at all. Yet, the Illinois Supreme Court ruling was ground shaking.
As another state facing what the austerity hyper-focus call a pension short-fall, a bi-partisan Illnois State Legislator voted to diminish a core benefit retirees via Unionized contracts approved in good faith.
Public Act 97-695 of 2012 allowed the Illinois to charge retired workers for health care insurance premiums, which many did not have to pay depending on how long they worked for the state.Legal challenges to the Public Act took nearly two years to land within Illinois' Supreme Court Docket.
After a thorough review in a 6 to 1 strong majority decision, the state court decided to affirm language in Article 14, Section 9 of Illinois Constitution -- setting a possible future U.S. Supreme Court Case in motion, whether or not City of Detroit Retirees vote yes or no to its' Grand Bargain plan.
READ MORE: http://www.reachoutjobsearch.com/2014/07/oped-llinois-supreme-court-ruling-on.html#ixzz36h84j12d
Op/Ed: Does Voting for Detroit's 'Grand Bargain' Deal Make Financial Sense for City Retirees?
"How many times have you been told something is good for you, when in reality it might not be. Pressure to suppress doubt can become overwhelming. Especially when nearly every elected leader, print, broadcast media resource, plus some fellow citizens boast loud as one can hear or read -- do this or else.
The Economic Basis of Careful Review For or Against "Detroit's Grand Bargain" Deal
City of Detroit retirees are facing a life transformation choice. Whether proposed cuts are 4.5% or 30% in monthly pension, any reduction in revenue has real life consequences.
Utilities, fuel oil, car repairs, food. rent or mortgage obligations normally are not negotiable with creditors to reduce by 4.5% or 30% in view of the debtors monthly income has decreased. In fact, according to the Bureau of Labor Statistics (BLS) May 2014 report:
"The Consumer Price Index for All Urban Consumers (CPI-U) increased 0.3 percent in April on a seasonally adjusted basis, the U.S. Bureau of Labor Statistics. Over the last 12 months, the all items index increased 2.0 percent before seasonal adjustment.
The indexes for gasoline, shelter, and food all rose in April and contributed to the seasonally adjusted all items increase. The gasoline index rose 2.3 percent; this led to the first increase in the energy index since January, despite declines in the electricity and fuel oil indexes. The food index rose 0.4 percent for the third month in a row, as the index for meats rose sharply."
Let's break these numbers down a bit. From April 2013 to April 2014 all items: Food, Utilities and Shelter, Medical Care, Airline Fares, New Vehicles, Used Cars or Trucks, and Recreation rose 2.0%. During the previous period of study - March 2012 - March 2013, BLS cites the Consumer Price Index rose, "1.5 percent increase for the 12 months ending March." Thus, the average cost of living increase from March 2012 to April 2014 in prices for basic consumer goods, necessaries and services rose 3.5%."
Detroit Retirees are being asked to reduce monthly annuity income by 4.5% or more, but notwithstanding eliminate any future cost of living pension adjustments over the course of their lifetime."
Read more: http://www.reachoutjobsearch.com/2014/06/oped-does-voting-for-detroits-grand.html#ixzz34kV3LTNP
Michigan's Torrid History of Promises Made Not Kept: Why Retirees Should Vote NO on 'Grand Bargain"
"Supporting the narrative. This type of action is easy to do. Think about if a majority of friends, family or associates declared as a individual, you must perform a task. Usually, standing alone against a sea of pressure -- the person would be inclined to join the majority.
For the purposes of this Independent Underground News & Talk Op/Ed - we will discuss why as a City of Detroit Retiree, you stood shun actions the chorus is demanding. Why? Frankly, life and security as you've known depends on it. Trust must never be given to those who've proven not worthy of it.
An estimated 48,000 City of Detroit Retirees across the nation will take a vote. The purpose of their vote will keenly focus on cutting a earned benefit - annuity based pension income.
Long after Detroit's Emergency Manager Kevin Orr is moved on to greener pastures, current City Mayor Mike Duggan is the C.E.O. of another Corporation and Governor Rick Snyder returns to the Corporate Raider business performed previously with Gateway Computers - retirees will be forced to live with the long-term impact of their vote.
If retirees vote in the affirmative to cut an annuity pension monthly benefit guaranteed by the State of Michigan Constitution in Article 9, Section 24 - they will set legal precedent. Hereby confirming language contained within Michigan's founding document is null and void.
The impact is earthshaking."
Read more: http://www.reachoutjobsearch.com/2014/06/oped-promises-made-in-michigan-torrid.html#ixzz347TsMdhr
(VIDEO): On This Memorial Day GOP: Honor Our Veterans with Bonifide Actions As Well As Words
"Today is Memorial Day. Better known as a day we as a nation honor our Military Servicemen and Women who've gave their lives to defend our country against all enemies, foreign and domestic. We also honor the volunteer and drafted Men and Women who have served in the U.S. Army, Navy, Air Force, Marines, Coast Guard or our National Guard Branches.
During times of war and relative peace, Solidiers are frequency injured in conflict. To ensure our Soldiers, former and current military personnel receive the best possible health care the Veteran's Administration Medical Facilities expanded after World War I.
"The establishment of the Veterans Administration came in 1930 when Congress authorized the President to "consolidate and coordinate Government activities affecting war veterans."
The three component agencies became bureaus within the Veterans Administration. Brigadier General Frank T. Hines, who directed the Veterans Bureau for seven years, was named as the first Administrator of Veterans Affairs, a job he held until 1945."
Read more: http://www.reachoutjobsearch.com/2014/05/video-on-this-memorial-day-republicans.html#ixzz32rRJDGnF
(VIDEO): On This Memorial Day GOP: Honor Our Veterans with Bonifide Actions As Well As Words
Today is Memorial Day. Better known as a day we as a nation honor our Military Servicemen and Women who've gave their lives to defend our country against all enemies, foreign and domestic. We also honor the volunteer and drafted Men and Women who have served in the U.S. Army, Navy, Air Force, Marines, Coast Guard or our National Guard Branches.
During times of war and relative peace, Solidiers are frequency injured in conflict. To ensure our Soldiers, former and current military personnel receive the best possible health care the Veteran's Administration Medical Facilities expanded after World War I.
"The establishment of the Veterans Administration came in 1930 when Congress authorized the President to "consolidate and coordinate Government activities affecting war veterans."
The three component agencies became bureaus within the Veterans Administration. Brigadier General Frank T. Hines, who directed the Veterans Bureau for seven years, was named as the first Administrator of Veterans Affairs, a job he held until 1945."
Read more: http://www.reachoutjobsearch.com/2014/05/video-on-this-memorial-day-republicans.html#ixzz32r4a9Qom
Ionia Prison Escape: The Case Against Improper Inmate Classifications, Massive Perimeter Budget Cuts
Deja vu, repeat or recycle. Words to describe similarly in a series of events. Preventable actions which led 20 years later to the escape of convicted serial murderer Michael David Elliot from Ionia Correctional Facility on February 2, 2014."
Prisoner Elliot was sentenced to life in prison without the possibility of parole by a Gladwin County, Michigan Courthouse twenty years ago, of the murders of four former state residents: Michael E. Tufnell, 33 and Vicki Sue Currie, 39, and visitors Bruce S. Tufnell, 32, and Kathy Lou Lane, 38.
Ensuring no evidence was left at the scene, Elliot along with convicted murdering accomplice Charles L. Treece torched house the four victims lay dead.
According to the court transcripts, Inmate Elliot “shot everyone in the back of the head" recounted witness Tammy LaCross, age 16, at the time the crimes.
Elliot failed to spare a bullet for his then girlfriend Kathy Lane or the other three victims: Tufnel, Currie or Squires Tuffnell, Jr.
“They found that there were victims in the house,” said Gladwin County Sheriff Mike Shea, a Deputy at the time of Elliot's murder rampage rocking the tranquil community of Bently Township. “We thought a structure fire with people inside that hadn’t woken up, and then it went on from that into a homicide.”
The Michigan Department of Corrections Offender Tracking Information System (OTIS) classifies Prisoner Michael Elliot, #236879 as a Security Classification- Level-2 (II) offender. The Level-2 security level that is normally reserved for convicted felons with little if any, risk of escape or past history crimes of violence.
Offenders are classified by a combination of factors consistent with: crime(s) inmates are convicted of, rules violations or crimes committed while in MDOC Custody and psychological behavior profile detailing tendencies or mental illnesses that could lead to acts of violence in Michigan Prisons.
Elliot was convicted of by a selected jury of his peers in 1994 of four counts of Murder in the First Degree (MCL-750.316), one count of Robbery Armed (MCL-750.529), Burning Dwellings of a House (MCL-750.72) Possession Of Firearm During Committing Of Felony (MCL-750.227B) and an inactive conviction of Breaking and an inactive conviction of Entering - Entry Without Breaking With Intent (MCL-750.111).
The nature of violence associated with Elliot's crimes, likely would result in Security classification level after assessment at Charles Egeler Reception and Guidance Center in Jackson as Level 4 or 5 (IIII or V) "Closed" penal facility inmate.
According to OTIS, Inmate Elliot has spent a majority of his sentence at Ionia's Correctional Facility (ICF).
Read more: http://www.reachoutjobsearch.com/2014/02/ionia-prison-escape-case-against.html#ixzz2toEzrYqD
Inspired by Moral Monday's - North Carolina -- We Would Like To....
Interview a Spokesperson or Participant(s) from the Peaceful and Civil Protests on our podcast. A bit about us.
Independent Underground Radio LIVE is a Progressive Talk Podcast aired out of S.E. Michigan covering State and National Politics. We have aired the program since October 2010 and have interviewed over 300 Community Leaders, Activists, Politicians, a former Candidate for President, Economic and Financial Experts, plus more. Our show Mission is the following:
Independent Underground provides the BEST NEWS & TALK covering Politics & Breaking News from a "SANITY" BASED INDEPENDENT LEFT PERSPECTIVE. Leaving "battles of extremes" of the politically FAR Right & Left, elsewhere!
So, we watched information about the Moral Monday Peaceful Protest on 2/10/2014 and was impressed and disappointed. Allow me to briefly explain:
Impressed by North Carolina Residents of different backgrounds, income levels, ethic makeups, Men/Women, straight, gay and more -- coming together to stand against the oppressive policy stances of the top 5%.
Disappointed
by the lack of coverage in National Media -- which is not a surprise in itself since our National Media is owned lock, stock and barrel by the Corporations affiliated with the Top 5%.
Either way, what was done on Monday in North Carolina needs to spread like wildfire across this nation, ASAP. This is a battle of Class and Top 5%ers (not all of them -- but enough of the crew to be WORRIED as heck) are engaging in a divide and conquer strategy with the 95%. In our humble opinion, Moral Monday's - North Carolina is NEEDED and NECESSARY GAME CHANGER.
Feel free to shoot a PM if interested. Thanks!
The State of Michigan is Ridicious/Snyder gives State of the State speech 1/16
"Progress Michigan's editorial opinion article published on the Detroit News about Michigan's current economy before Governor Rick Snyder's 4th State of the State Speech, is right on point -- the State of Michigan is Poor. We would support the groups' statement by expressing, "The State of Michigan is Ridicious".
Michigan over the last three years plus of Governor Rick Snyder's tenure has been an economic test case of the HAVE'S and the HAVE'S NOT'S. The recent news of Michigan's economy having a $970 billion dollar surplus in the states financial coffers, resulted directly from cutting lifelines of upper mobility for middle and lower class residents.
These factors can change if the Candidate running against Governor Snyder, former Congressman Mark Schauer of Battle Creek, takes a populist stance on important issues impacting Michigan's ability to provide good paying job opportunities for its' citizenry, which has lead to an exodus of needed population and income from our state.
Read more: http://www.reachoutjobsearch.com/2014/01/fft-116-state-of-michigan-is-ridicious.html#ixzz2qbCWTxgF
Michigan Unemployment Insurance Agency understaffed by layoffs, leave claimants upset by delays...
As the U.S. Congress is set to debate extending long-term unemployment benefits for up to 1.3 million Americans, cuts to Michigan's Unemployment Insurance Agency (UIA) test the patience of jobless workers attempts to receive 20 weeks of state funded benefits."
Michigan's UIA laid off up to 400 employees, comprising of 225 permanent staff members and 177 limited-term employees on August 31, 2012.
Numbers of UIA temporarily placed problem resolution offices as a result of the layoffs, closed statewide. A reduced number employees are available to answer phone calls questions in Michigan via a singular toll free phone number for up to 413,000 jobless workers, according to the State Department of Technology, Management and Budget (DTMB) November 2013 report.
Reaching Unemployment Claims Representatives at UIA present challenges for state residents as Michigan's jobless rate remains stubbornly high at 8.8%, the fourth highest in the nation. Calls to reach UIA via phone can take either days or weeks in lieu of a reasonable expected response of an hour.
Westland, Michigan resident Annabelle Stevens, a single Mother of two, described her frustrations reach Michigan UIA toll-free number for questions on her claim.
"It's ridiculous to call UIA, they never answer the phone," said Stevens. "The worse part of all is I worked for years before my laid off to receive unemployment if necessary and I'm insulted by being treated as a welfare case".
Read More at: http://www.reachoutjobsearch.com/2014/01/michigan-unemployment-insurance-agency.html#axzz2pBE2bkaR
Michiganders must CLEAN HOUSE in Lansing during Elections 2014!
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