Illinois Supreme Court Rejects Lawmakersf Pension Overhaul
By MONICA DAVEY
MAY 8, 2015 - New York Times
CHICAGO — The Illinois Supreme
Court on Friday rejected changes that legislators made to fix a deeply troubled
public pension system, leaving the state where it had started — with a
significant budget crisis, a vastly underfunded pension program and no plan in
sight.
All seven members of the statefs
highest court found that a pension overhaul lawmakers had agreed to almost a
year and a half ago violated the Illinois Constitution. The changes would have
curtailed future cost-of-living adjustments for workers, raised the age of
retirement for some and put a cap on pensions for those with the highest
salaries. But under the state Constitution, benefits promised as part of a
pension system for public workers gshall not be diminished or impaired.h
gCrisis is not an excuse to abandon
the rule of law,h Justice Lloyd A. Karmeier wrote
in an opinion. gIt is a summons to defend it.h
In recent years, plenty of states
and cities have wrestled with paying their pension obligations, but Illinoisfs
problems have been among the worst, leaving public sector workers uncertain
about their retirements, the statefs budget strained and the statefs credit
ratings sinking. Around the nation, political leaders have sought to solve the
shortfalls, in part, by cutting pension benefits, and state constitutional
provisions have emerged as one way to try to block such changes.
Here, the courtfs finding on
Friday was viewed as a victory for unions and state workers, but also a
significant escalation of the statefs financial challenges, even as Illinoisfs
political landscape has grown more complex.
gOur path forward from here is now
much more difficult, and every direction will be more painful than the balance
we struck in Senate Bill 1,h said State Representative Elaine Nekritz, a
Democrat, referring to the package of pension changes lawmakers passed
at the end of 2013.
By then, Democrats who at the time
controlled the state legislature and the governorfs office had been debating for
several years how to solve the mounting pension crisis in a state where unions
have long supported Democrats. Unions vehemently opposed the proposals, which
they said undid promised pension benefits.
In the end, state officials
argued, in essence, that the economic circumstances required extreme measures.
By some estimates, the statefs pensions had been underfinanced by more than $100
billion — among the worst holes for public pension systems around the nation. So
lawmakers agreed to a package that included the benefit changes over objections
from workers and that, in exchange, was to lower workersf pension contributions
and require an increase in state payments into the system. The deal, signed into
law by Pat Quinn, the Democrat who was governor then, was expected to save $160
billion over 30 years.
The courtfs decision on Friday had
long been predicted by legal experts here. In a 38-page written opinion, the
justices sounded an unsympathetic note to suggestions that the state was forced
to take drastic action when faced with what amounted to a financial emergency.
The court noted that state lawmakers had, over decades, delayed or shorted what
they should have contributed into the system, which covers state workers,
teachers outside Chicago and others.
gThe General Assembly may find
itself in crisis, but it is a crisis which other public pension systems managed
to avoid,h Justice Karmeier wrote. He added later, gIt is a crisis for which the
General Assembly itself is largely responsible.h
Labor officials lauded the
decision. gWe are thankful that the Supreme Court has unanimously upheld the
will of the people, overturned this unfair and unconstitutional law, and
protected the hard-earned life savings of teachers, police, firefighters,
nurses, caregivers and other public service workers and retirees,h Michael T.
Carrigan, the president of the Illinois A.F.L.-C.I.O., said.
Yet the ruling left the statefs
fiscal future in doubt, and lawmakers themselves expressed uncertainty about the
challenge ahead: how to solve a gaping pension deficit without taking away any
benefits. The political environment, too, has grown more complex since Mr. Quinn
was replaced this year by Bruce Rauner, the statefs first Republican governor in
more than a decade.
After speaking to businesspeople
here on Friday, Mr. Rauner said he had expected the pension changes to be
overturned and had disagreed with how they changed retireesf benefits. He said
he believed that voters should consider a constitutional amendment that would
mark a distinction between guarantees of benefits already earned and changes to
future benefits. As it is, under the statefs Constitution, officials may assign
new benefits to future workers, but cannot diminish benefits already
promised.
gRather than spend years in court,
wefd rather do a constitutional referendum and try to clarify that benefits
earned should be protected, but the future is unknown and it can be higher or
lower,h Mr. Rauner said.
During his speech, Mr. Rauner
issued a grave assessment of the statefs fiscal health, as he has in appearances
around the state in recent weeks. gIf Illinois was a corporation, it would
probably need to file for bankruptcy,h he said. Still, Mr. Rauner said he has
been in talks with legislative leaders and hoped to have a budget deal and a new
pension solution in place by the end of the month.
Lawmakers sounded far less
certain. A spokesman for Michael J. Madigan, the speaker of the State House,
said he was reviewing the decision. John J. Cullerton, the Senate president,
said he had long been concerned about the constitutionality of what lawmakers
passed in 2013 and that he viewed the ruling as a victory for retirees, public
workers and geveryone who respects the plain languageh of the state
Constitution.
gThat victory, however, should be
balanced against the grave financial realities we will continue to face without
true reforms,h Mr. Cullerton said, adding that he was prepared to gwork with all
parties to advance a real solution that adheres to the Illinois
Constitution.h
The decision could also have
ramifications in Chicago, which is dealing with underfunded pension systems and
a similar question: If pension benefits cannot be changed, how can the system be
spared?
In 2014, Mayor Rahm Emanuel pushed
Illinois lawmakers to approve a plan that would start to ease some of his cityfs
crippling pension problems by requiring some municipal workers to pay more for
their retirement benefits and by granting smaller than expected increases in
those benefits. The Chicago plan — which would affect two of the cityfs pension
funds and grew out of talks with some of the unions — appeared to face legal
questions similar to those involving the statefs overhaul.
In a statement on Friday, Mr.
Emanuel said the cityfs approach would not be affected by the courtfs decision
in the state case gas we believe our plan fully complies with the state
Constitution because it fundamentally preserves and protects worker pensions
rather than diminishing or impairing them.h
In the State Supreme Court
opinion, the justices took note of Illinoisfs financial circumstances, but
suggested that those were not enough to overlook the Constitution.
gThe financial challenges facing
state and local governments in Illinois are well known and significant,h the
opinion read. gIn ruling as we have today, we do not mean to minimize the
gravity of the statefs problems or the magnitude of the difficulty facing our
elected representatives. It is our obligation, however, just as it is theirs, to
ensure that the law is followed.h
Mitch Smith contributed reporting.