ISEA, RSEA, HEATON AND
HARRISON PLAINTIFFS' JOINT MOTION FOR
JUDGMENT ON THE PLEADINGS AS TO THE AFFIRMATIVE DEFENSE, OR IN THE ALTERNATIVE, TO STRIKE THE AFFIRMATIVE
DEFENSE
“The
plaintiffs in the ISEA, RSEA, Heaton and
Harrison actions respectfully move
for judgment on the pleadings on the affirmative defense pleaded by the
defendants pursuant to section 2-615(e) of the Code of Civil Procedure or, in
the alternative, to strike the affirmative defense pursuant to section 2-615(a)
of the Code of Civil Procedure, stating as follows.
“In these consolidated actions, the plaintiffs assert
that Public Act 98-599 (the ‘Act’), which diminishes and impairs-
pension benefits, is unconstitutional and void because the Act violates the
Pension Protection Clause found in article XIII, section 5 of the Illinois
Constitution, among other constitutional infirmities.
“As an affirmative defense, the defendants assert that
the Act's diminishment and impairment of pension benefits is justified as an
exercise of the State's ‘reserved sovereign powers.’ Whether, as a matter of
law, the defendants may rely on that affirmative defense to justify the Act's
unconstitutional diminishment and impairment of pension benefits is the only
issue that stands in the path of entry of judgment in the plaintiffs' favor.
“The
Illinois Supreme Court's recent decision in Kanerva
v. Weems, 2014 IL 115811 (opinion filed July 3, 2014)… confirms that the
affirmative defense cannot be applied to the Pension Protection Clause as a
matter of law. In short, Kanerva confirms
case law precedent that holds that the Pension Protection Clause absolutely
protects pension benefits from any unilateral diminishment and impairment by
the State under any circumstance.
“Further,
Kanerva continues a well-settled,
long-standing line of precedent that a clear and unambiguous provision of the
Illinois Constitution, such as the Pension Protection Clause, bars the
legislature from taking any action that violates that provision.
“In an apparent attempt to cloud the absolute
protection that the Pension Protection Clause affords members of the State's
pension and retirement systems, the defendants insist on engaging in extensive
and expensive fact and expert discovery concerning the fiscal condition of the
State. But Kanerva confirms that
whatever facts and opinions the defendants might be able to muster could not,
as a matter of law, amount to any justification for the Act's unconstitutional
diminishment and impairment of pension benefits.
“Those facts and opinions, even were they
considered true, are legally irrelevant. For these reasons, as discussed more
fully below, the plaintiffs in the aforementioned actions respectfully request
that this Court follow the Illinois Supreme Court's lead in Kanerva and enter judgment in favor of
the plaintiffs with respect to the affirmative defense or, in the alternative,
strike the affirmative defense…
“Under Kanerva, it
is clear that the Illinois Constitution protects pension and retirement
benefits from the diminishments and impairments that the Act imposes, and that
the plaintiffs are entitled to their benefits without any diminishment or
impairment from the respective State retirement systems. The very purpose of
the Pension Protection Clause was to constitutionally guarantee the payment of
pension and retirement benefits, to remove from the General Assembly the power
to impair or diminish those pension benefits, and to eliminate the very
argument that the defendants raise by their affirmative defense. There can be no ‘reserved sovereign power’
to do something that the Illinois Constitution expressly prohibits.
“WHEREFORE,
the plaintiffs in the ISEA, RSEA, Heaton and
Harrison actions respectfully request
that this Court award them judgment on the pleadings with respect to the
affirmative defense, grant their motion for partial summary judgment, and award
them all further and additional relief that the Court deems appropriate under the
circumstances. In the alternative, the plaintiffs in the ISEA, RSEA, Heaton and Harrison
actions respectfully request that this Court enter an order striking the
affirmative defense with prejudice, grant their motion for partial summary
judgment, and award them all further and additional relief that the Court deems
appropriate under the circumstances.”
For the complete text for this Motion, Click Here.
From The IRTA:
This motion filed today in Sangamon
County asks Judge Belz to make a summary judgment on the lawsuit in lieu of a
trial due to the Illinois Supreme Court ruling on state employees' health
insurance.
The following information is from a previous post on April 16th entitled: Illinois Senate Bill 1: Current Lawsuits Opposed to Breaking a Constitutional Contract with Public Employees
Current
Lawsuits Opposed to Breaking a Constitutional Contract with Public Employees:
Illinois Retired Teachers
Association
Illinois Association of School
Administrators
Filed: December 27, 2013
Location: Cook County
Plaintiffs:
2 TRS annuitant teachers, 1 TRS
annuitant administrator, and 5 TRS active administrators
—Seek to represent class of TRS actives and annuitants, who
are not currently IEA or IFT members
Defendants:
Governor, Comptroller
and TRS
Primary Claims:
COLA, minimum
retirement age and pensionable salary cap changes violate Pension Clause of Illinois Constitution
Remedies:
Declaration law is unconstitutional, injunction stopping
its implementation, monetary damages, preliminary injunction temporarily
stopping implementation (protecting status quo)
Illinois State Employees Association
Retirees (ISEAR)
Filed: January 2, 2014
Location: Sangamon County
Plaintiffs:
ISEAR, 2 SERS annuitant members, 1 GARS
annuitant member, 1 TRS annuitant member, and 1 SURS annuitant member
—Seek to represent class of all SERS; GARS; TRS and SURS annuitants; and subclass of State 2002 ERI annuitants, with 20 years of service and “not subject to a CBA”
—Seek to represent class of all SERS; GARS; TRS and SURS annuitants; and subclass of State 2002 ERI annuitants, with 20 years of service and “not subject to a CBA”
Defendants:
Comptroller, Treasurer, SERS, GARS, TRS
and SURS
Primary
Claims:
COLA changes violate Pension, Contract and Equal Protection (by not including judges’ retirement system (JRS)) Clauses of Illinois Constitution
COLA changes violate Pension, Contract and Equal Protection (by not including judges’ retirement system (JRS)) Clauses of Illinois Constitution
Remedies:
Declaration law is unconstitutional, injunction stopping
its implementation, injunction reinstating prior law, escrow of difference
between COLA calculations pending resolution of lawsuit
Retired State Employees
Association (RSEA)
Filed: January 2, 2014
Location: Sangamon County
Plaintiffs:
RSEA (on behalf of all its members) and
4 SERS annuitant members
—Seek to represent class of all SERS annuitants, survivors and inactive employees not yet receiving benefits, and subclass of State ERI annuitants
—Seek to represent class of all SERS annuitants, survivors and inactive employees not yet receiving benefits, and subclass of State ERI annuitants
Defendants:
Governor, Comptroller, Treasurer and SERS
Primary Claims:
COLA changes
violate Pension and Contract Clauses of Illinois Constitution
Remedies:
Declaration law is unconstitutional, injunction stopping
its implementation, escrow of difference between COLA calculations
pending resolution of lawsuit
We Are One Illinois Coalition (WAOI)
Filed: January 28, 2014
Location: Sangamon County
Plaintiffs:
WAOI, 5 TRS active teachers, 3 TRS annuitant
teachers, 3 SURS active members, 3 SURS annuitant members, 9 SERS active
members, and 2 SERS annuitant members
—Seek to represent class of actives and annuitants from TRS
—Seek to represent class of actives and annuitants from TRS
SURS and SERS
Defendants:
Governor, Comptroller, Treasurer, TRS, SURS and SERS
Primary
Claims:
COLA, minimum retirement age and pensionable salary cap changes violate Pension, Contract and Takings Clauses of Illinois Constitution; failure to fund pension benefits provided under prior law violates Takings Clause of Illinois Constitution
COLA, minimum retirement age and pensionable salary cap changes violate Pension, Contract and Takings Clauses of Illinois Constitution; failure to fund pension benefits provided under prior law violates Takings Clause of Illinois Constitution
Remedies:
Declaration law is unconstitutional, Declaration State must fund pension systems, injunction stopping its implementation, preliminary injunction protecting status quo (temporarily stopping implementation)
Declaration law is unconstitutional, Declaration State must fund pension systems, injunction stopping its implementation, preliminary injunction protecting status quo (temporarily stopping implementation)
State
Universities Annuitants Association (SUAA)
Filed: March 6, 2014
Location: Champaign County
Plaintiffs:
SUAA (on behalf of all its members), 6
SURS active members, 3 SURS annuitant members, and 1 SURS deceased annuitant
member spouse
Defendants:
Governor, Comptroller, Treasurer and SURS
Governor, Comptroller, Treasurer and SURS
Primary Claims:
COLA, minimum
retirement age, pensionable salary cap and interest rate for portable plan
changes violate Pension, Contract and Takings Clauses of Illinois Constitution
Remedies:
Declaration law is unconstitutional, injunction stopping
its implementation, injunction restoring prior benefits
On
March 3, 2014, the Illinois Supreme Court consolidated the first four lawsuits
for proceedings in Sangamon County Circuit Court. On April 8, 2014, the fifth
lawsuit, filed by the State Universities Annuitants Association on March 6,
2014, was consolidated with the other four.
A
Commentary (and One of Many in “Pension Analyses” of this blog): Click Here.
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