AFSCME Council 31 [email protected] via bounces.salsalabs.net 5:13 PM (6 hours ago) to me AFSCME e-Action Network NEWS FLASH! PENSION CUTS LAW RULED UNCONSTITUTIONAL ‘IN ITS ENTIRETY’! In a dramatic victory for active and retired public employees, Sangamon County Circuit Court Judge John Belz today struck down legislation that would have severely diminished the pensions of state government and state university workers, as well as downstate teachers. The judge’s ruling came in response to lawsuits filed by the We Are One Illinois union coalition, of which AFSCME is a leading member, and other plaintiff groups. The coalition argued that the legislation, passed into law as SB 1, violated the State Constitution’s pension protection provision, which provides that retirement benefits cannot be “diminished or impaired.” The Attorney General, representing the State, had argued that the law – which cut the pensions of active and retired members of the State Employees Retirement System (SERS), State Universities Retirement System (SURS) and Teachers Retirement System (TRS) – was constitutional because the state was exercising its “police powers” to address its fiscal woes. Judge Belz rejected that reasoning and agreed with the coalition’s request to grant summary judgment, immediately striking down the law. In his decision, he said the law was “unconstitutional and void in its entirety.” The judge also made the injunction that is halting implementation of the law permanent, which means that no steps can be taken to impose cuts to pension benefits unless the Supreme Court overturns the ruling made today. “We are gratified by the court’s ruling today, which makes clear that the Illinois Constitution means what it says,” the We Are One Illinois coalition announced. “The court held today, as our unions have long argued, that the state cannot simply choose to violate the Constitution and diminish or impair retirement benefits if politicians find these commitments inconvenient to keep.” The state is expected to appeal the decision to the Illinois Supreme Court, where the law’s ultimate fate would be decided. In a ruling earlier this year on retiree health care benefits, a bipartisan majority of the Supreme Court indicated it supports the coalition’s view that the pension protection clause is absolute. However, it will likely be several months before the court rules on SB 1 itself. In responding to Judge Belz’s ruling, AFSCME Council 31 Executive Director Roberta Lynch said: “Active and retired public employees can feel more secure today in the knowledge that their life savings can’t be taken away from them. AFSCME and our allies will continue to fight against this law, and against all other assaults on the retirement security of public service workers.” As this case unfolds, keep an eye on the Council 31 website and Facebook page for further updates.
Posted on: Sat, 22 Nov 2014 05:19:00 +0000
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