To the Illinois
Education Association-Retired (December 16, 2014)
It is our hope that members of the upcoming delegation
do not readily condemn differences of opinion from those who question and
challenge the IEA leadership, for there will be more significant issues
confronting all of us. No more labeling disagreements as blatant
“disloyalties,” no more vitriolic ad hominem attacks, and no more nonsensical “Lesser of Two Evils” arguments
for choosing future candidates… (For the entire article, Click
Here).
Pension Lawsuit
Updates (October 8 - December 10, 2014)
“Pension Reform Litigation Order: This cause coming to be
heard on the motion of appellants, Pat Quinn, Governor of Illinois, et al., an
objection having been filed by appellees, and the Court being fully advised in
the premises; IT IS ORDERED that the motion for accelerated docket is allowed.
Appellants' brief and supporting record are due January 12, 2015. Appellees'
brief is due February 16, 2015. Appellants' reply brief is due February 27,
2015. Oral argument will be scheduled for the March 2015 term of court. Order
entered by the Court. Filed December 10, 2014…” (For the entire article, Click
Here).
Should we worry
about the unions’ “commitment… to develop a fair and constitutional solution to
fund the state’s retirement systems” after the Illinois Supreme Court’s ruling?
(November 25, 2014)
…Though “rights may be modified via legitimate contract
principles” (or by what is commonly called consideration), we hope the
leadership of the We Are One Coalition intrepidly believes from now on that “a
fair and constitutional solution” should never be an exchange for
reductions of originally-vested benefits assured by the Illinois
Constitution!.. (For the entire article, Click Here).
The Honorable John
Belz handed down his ruling today from the 7th Judicial Circuit Court stating
that pension rights are constitutionally protected for retirees in Illinois
(November 21, 2014)
“The Honorable John Belz handed down his ruling today
from the 7th Judicial Circuit Court stating that pension rights are
constitutionally protected for retirees in Illinois. ‘I am encouraged by the
ruling made today by Judge Belz,’ said Bob Pinkerton, President of the Illinois
Retired Teachers Association. ‘I remain hopeful that this decision, and the
previous verdict made by the Supreme Court on Kanerva, will once and for all
determine that Senate Bill 1 is unconstitutional and reiterate that the pension
protection clause means pension benefits for current workers and retirees
cannot be changed…’” (For the entire article, Click
Here).
Colorado Supreme
Court Rules Against Public Employees and Retirees (October 20, 2014)
"Earlier this morning the Colorado Supreme Court issued
its opinion in the case Gary R. Justus v. PERA and the State of Colorado, filed
in February 2010 soon after Governor Bill Ritter signed Senate Bill 10-001 into
law. You may view the court’s 32 page decision…” (For the entire article, Click
Here).
Pension Plan
Platitudes: Big Question Marks over Quinn, Rauner Plans from Chicago Tonight
WTTW (September 11, 2014)
“Pension reform is one of the biggest issues facing the
state. Gov. Pat Quinn has passed pension reform legislation, which could be
ruled unconstitutional by the Illinois Supreme Court. If that were to happen,
Quinn has yet to detail what he would do. As for GOP challenger Bruce Rauner,
he proposes shifting workers to a 401k-style, defined contribution system while
maintaining all benefits accrued to date. Rauner hasn’t detailed how his
pension reform plan would be paid for…” (For the entire article, Click
Here).
Another
Examination of the Illinois “Pension Clause,” or What Part of These Words Do
They Not Understand? (July 13, 2014)
We have witnessed recently a barrage of dishonest
editorials that have omitted significant contextual information about the
“Pension Clause,” commentaries that have used misleading analogies and other
deliberate misinformation to foment envy and anger for public employees who have
earned constitutionally-guaranteed pension benefit rights… (For the entire
article, Click
Here).
The Contract
Clause and the State of Illinois’ “reserved sovereign powers” in Senate Bill 1
(June 12, 2014)
Illinois legislators are not dealing with a threat to the
“public’s safety, health, and morals as well as peace, well-being and order of
the state”; nor are they dealing with an economic emergency of such
magnitude that they are compelled to invoke powers to protect the state's
citizens and, thus, serve a reasonable public purpose or need... (For the entire article, Click Here).
Attorney General
Lisa Madigan’s and Attorney Joshua Ratz’s “Answer and Defenses” for Breaking a
Constitutional Contract with Public Employees and Retirees/ and Rebuttals
(May 16, 2014)
“… [W]ithout significant pension reform, the unfunded
liability and the State’s pension contribution will continue to grow, and
further burden the fiscal stability of both the State and its retirement
systems…” (For the entire article, Click
Here).
Illinois Senate Bill
1: Current Lawsuits Opposed to Breaking a Constitutional Contract with Public
Employees (April 14, 2014)
“…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...” (For
the entire article, Click
Here).
ILLINOIS PUBLIC
PENSION LAWSUIT Updates (March 26 – July 22, 2014)
“‘…The Supreme Court could hardly have been clearer in
destroying the police powers argument in the Kanerva case,’ said attorney John
Myers, who brought another of the pension reform lawsuits. ‘What the Supreme
Court is saying is you have to fund this, now figure it out. That destroys the
whole sovereign powers defense, which is, we don’t have to figure it out, and we
can impair pensions…”’ (For the entire article, Click
Here).
The Arizona Ruling
and the Attempt to Break a Constitutional Contract in Illinois (February
21, 2014)
“The Arizona Supreme Court says the Legislature can't cut
cost-of-living increases promised to state retirees. The ruling released
Thursday [February 20] comes in a case brought after the Legislature cut the
increases in 2011 for retirees in the state plan for judges and elected
officials…” (For the entire article, Click
Here).
I asked Illinois
Attorney General Lisa Madigan a question yesterday (February 20, 2014)
I attended a presentation at Benedictine University
yesterday. It was sponsored by the Center for Civic Leadership. Former Attorney
General James Ryan (1995-2003) introduced guest speaker Attorney General Lisa
Madigan… (For the entire article, Click
Here).
Your [Diminished]
Cost-of-Living Adjustment (COLA) via Senate Bill 1 (from TRS) (January 19,
2014)
“For the last few weeks, TRS has been in the process of
creating a calculator on its website that is designed to help Tier I members
estimate their first cost-of-living adjustment after the new pension law takes
effect on June 1, 2014…” (For the entire article, Click
Here).
The Concept of
“Consideration” in Illinois Senate Bill 1 (January 3, 2014)
…Contracts supported by consideration are often one-sided, advantageous arrangements. Any
agreement with the Illinois General Assembly regarding “guaranteed” funding to
the pension systems would not be a “valid” consideration
for public employees because it would be in exchange for reductions of
originally-vested benefits assured by the Illinois Constitution… (For the entire article, Click Here).
A year well spent. Happy New Year!
ReplyDelete