“SERS, SURS AND TRS MEMBERS ARE
ENTITLED EACH YEAR TO A 3% AUTOMATIC ANNUITY INCREASE UNDER CURRENT PENSION LAW
“In addition
to the initial pension amount, the Pension Code currently provides that members
of SERS, SURS and TRS are entitled each year to a 3% automatic annuity increase
to their pension amount, compounded. The 3% increase is effective each January
1, and the new amount serves as the base for the subsequent year's automatic
annuity increase. (See pre-amendment
40 ILCS 5/14-114; 40 ILCS 5/15-136(d); and 40 ILCS 5/16-133.1(a).)
“Accordingly,
for example, if a pension system member's initial annuity is $33,000, the first
automatic annuity increase will be $990 ($33,000 x .03), for a total annuity of
$33,990 in the second year of retirement. Thereafter, the $33,990 would serve
as the base annuity amount for calculating the next 3%
automatic annuity increase (e.g.,
$33,990 x .03 = $1,017.90), and the member's annuity
amount in the third year would be $35,007.90.
“A yearly
automatic annuity increase is not a new concept. The Pension Code has provided
a yearly automatic annuity increase to members of SERS, SURS and TRS since, at
least, January 1, 1970 — before the 1970 Constitutional Convention that gave
rise to the Pension Clause.
“Upon
information and belief, concerned about the effect of inflation on the pension
amounts members receive, in August 1978 the State increased the yearly
automatic annuity increase to 3%, effective with the January 1, 1979 automatic
annuity increase. Upon information and belief, at the time the Consumer Price
Index for all Urban Consumers ("CPI-u") was higher (e.g., 1977 — 6.7%; 1978 — 9%; and 1979 — 13.3%) than
the increase in the yearly automatic annuity to 3%.
“In August 1989, the State added
the compound component to the automatic annuity increase. That is, effective
January 1, 1990, a member's 3% automatic annuity increase would compound each
year, as described in paragraph 78 of this Complaint. Upon information and
belief, the State added the compound component in an effort to stave off some
of inflation's impact diminishing the value of a member's pension and to create
for members with lesser pension amounts at least some hedge against poverty
that inflation may cause. Upon information and belief, in 1987, 1988, 1989, for
example, the CPI-u was, respectively, 4.4%, 4.4% and 4.6% and from 1970-1989
the average CPI-11 was 6.265%.
“Moreover, the compounded
automatic annuity increase is a benefit for which most members have paid.
Starting in 1970, TRS and SURS members have contributed each year an additional
.5% of their salaries — on top of their required base contributions from salary
— to fund a portion of the automatic annuity increases to which they are
entitled in retirement. (See 40 ILCS
5/16-152(a) (2); and 40 ILCS 5/15-157(b).)
“Now,
however, those contributions are for naught. Through its enactment of Public
Act 98-0599, the State is set to undermine the retirement security it
constitutionally promised and for which Plaintiffs and the class they represent
paid through work and salary contributions.
“PUBLIC ACT 98-0599 AMENDS THE
PENSION CODE IN SEVERAL WAYS TO EFFECT AN UNCONSTITUTIONAL DIMINISHMENT AND
IMPAIRMENT OF THE PENSION AMOUNT A MEMBER RECEIVES
“Public Act
98-0599 amends several components of the formula currently set forth in the
Pension Code, as described above, concerning eligibility for a non-discounted
annuity and the attendant pension amount a SERS, SURS and TRS member receives
each year in retirement. Each change standing alone, let alone in concert,
impairs and diminishes the pension amount SERS, SURS and TRS members otherwise
would receive under the Pension Code had the General Assembly not enacted, or
had the Governor not signed into law, Public Act 98-0599.
“PUBLIC ACT
98-0599 DIMINISHES AND IMPAIRS AUTOMATIC ANNUAL INCREASES
“First,
Public Act 98-0599 diminishes and impairs the annual automatic annuity increase
to which each SERS, SURS and TRS member is entitled, whether the member already
is retired or hereafter retires. As indicated above, currently each SERS, SURS
and TRS member is entitled to a 3% annual annuity increase, compounded.
“But starting with the annual annuity increase that will be made on
January 1, 2015, the annual annuity increase for each SERS, SURS and TRS member
will be the lesser of 3% of the member's (a) base annuity amount, (b) the
number of years of the member's service at retirement multiplied by $1000 if
the member employee does not receive Social Security, and (c) the number of
years of the member's service at retirement multiplied by $800 if the member receives Social Security.
(See, respectively, Public Act
98-0599's amendments to 40 ILCS 5/14-114(a-1); 40
ILCS 5/15-136(d-1); and 40 ILCS 5/16-133.1(a-1).)
“Each year
thereafter, beginning with automatic annuity adjustments granted on January 1,
2016, the $800 or $1000 multiplier will be indexed and increase by the CPI-u
for the 12 months ending the September prior to the increase. For
example, under the Pension Code prior to Public Act 98-0599, if a member has an
initial pension amount of $33,000 after retiring before July 1, 2014 with 30 years’
service credit, her first automatic annual increase on January 1, 2015, would
be $990 (e.g. $33,000 x .03).
“Under
Public Act 99-0599, in contrast, her January 1, 2015 automatic annual increase
would be $900 (e.g., 30 x $1000 x
.03) if she is not covered by Social Security or $720 (e.g., 30 x $800 x .03) if she is covered by Social Security.
“Thereafter,
the CPI-u is taken into consideration somewhat when calculating her subsequent
automatic annuity increases. For example, if the CPI-u ending September 2015
for the prior 12 months equals 3%, the $1000 multiplier would be increased by
$30 (e.g., $1000 x .03) to $1030 and
the $800 multiplier would be increased by $24 (e.g., $800 x .03) to $824. In turn, her January 1, 2016 automatic
annual increase would be $927 (e.g., 30
x $1030 x .03) if she is not covered by Social Security or $741.60 (e.g., 30 x $824 x .03) if she is
covered by Social Security. Thus, her pension for 2016 would be $34,827
($33,900 + $927) if she is not covered by Social Security or $34,461.60
($33,720 + 741.60) if covered by Social Security.
“In stark
contrast, in this example were her automatic annuity increase for 2016
calculated under law in effect prior to Public Act 98-0599, the member would
receive an automatic annual increase of $1,019.70 for a pension in 2016 of
$35,009.70. With each passing year, the gap
between the automatic annuity increase the member would have received under the
formula in place prior to Public Act 98-0599 and the automatic annuity increase
that the member will receive under Public Act 98-0599 increases. Stated
otherwise, the degree of diminishment and impairment caused by the change in
the pension formula will increase with each passing year.
“A member
with an annuity that is less than his or her years of service multiplied by the
applicable $1000 or $800 multiplier will receive a 3% automatic annuity
adjustment compounded each year until the annuity reaches the maximum annuity
to which the 3% automatic annuity adjustment compounded applies. Thereafter, the
member would be subject to the same impairing and diminishing formula for the automatic
annuity increase that Public Act 98-0599 imposes immediately on every other
member of the class.
“PUBLIC ACT 98-0599 DIMINISHES AND IMPAIRS PENSION BENEFITS BY
REQUIRING MEMBERS TO MISS AUTOMATIC ANNUITY INCREASES
“Public Act
98-0599 also diminishes and impairs pension benefits by requiring pension
system members who retire on or after July 1, 2014 to miss certain automatic
annuity increase adjustments. Depending on a member's age as of June 1, 2014,
the member will have at least one and up to five annual adjustments skipped, as
follows:
“Age 50 or over, the second automatic annuity increase is skipped; age 47 to under age 50, the second, fourth
and sixth automatic annuity increases are skipped; age 44 to under age 47, the second, fourth, sixth and eighth
automatic annuity increases are skipped; and age
43 and under, the second, fourth, sixth, eighth and tenth automatic annuity
increases are skipped. (See Public Act 98-0599's amendments to 40 ILCS
5/14-114(a-2); 40 ILCS 5/15-136(d-2); and 40 ILCS 5/16-133.1(a-2).)
“As with the
change in the formula used to calculate the automatic annual increase itself,
the degree of diminishment and impairment to a pension system member's benefits
caused by skipping one or more automatic annual increases will increase with
each passing year…”
Where is the outrage from President Obama about his home state theft?
ReplyDeleteIn 2011 the President said: "“Some of what I've heard coming out of Wisconsin, where you're just making it harder for public employees to collectively bargain generally seems like more of an assault on unions,” Has anyone heard a similar statement from him now?
Could it be because it's his party, his old buddies, who are behind this theft? It's easier to denounce Scott Walker across the border.
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