Dear State Retiree, As you know, when AFSCME filed suit last year seeking to overturn PA 97-695 (originally SB 1313) which gave the state the authority to raise retiree health care premiums, the Circuit Court dismissed the case without even allowing for a hearing on its merits. But last month, the Illinois Supreme Court issued a forceful decision overturning the lower court’s dismissal and affirming that retiree health care benefits are protected by the pension clause of the state constitution. In a 6-1 bipartisan ruling, the Supreme Court remanded the case back to the Circuit Court requiring that it be heard. The Supreme Court officially sent the case back to the Circuit Court of Sangamon County on August 7. AFSCME attorney Stephen Yokich immediately filed a motion for “summary judgment” which effectively asks the Circuit Court to accept the reasoning of the Supreme Court and declare PA 97-695 unconstitutional. The motion also asks that the judge order that retiree health care premiums be restored to their previous rate and that all premium increases paid thus far (currently held in escrow) be returned to retirees. AFSCME is joined in making this motion by our union partners in this lawsuit: IFT, FOP, and INA. We wanted to let you know that on Thursday, August 28 at 2:30 p.m., there will be a hearing on the union motion for summary judgment before Judge Nardulli in Sangamon County Circuit Court. As of today the Attorney General, representing the state in this case, has not filed a response to the motion and we do not know what the AG’s position will be. The Supreme Court’s ruling represented an extremely important victory for SERS and SURS participants. Now it will be up to the Circuit Court to ensure that it is fairly and swiftly implemented. You can be sure that AFSCME will continue to vigorously advance the rights of active and retired members in this critical battle. In unity, David Amerson Retiree Coordinator
Posted on: Tue, 26 Aug 2014 09:16:42 +0000
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