Pension-cutting law ruled unconstitutional by Circuit Court judge

Today – Friday, Nov. 21 – Sangamon County Circuit Court Judge Belz struck down a law stemming from Senate Bill 1 that 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).

Belz granted motions made by attorneys representing the We Are One Illinois union coalition, of which AFSCME is a leading partner, and other plaintiffs, which argued that the pension clause of the Illinois Constitution means what it says, and that pension benefits cannot be diminished or impaired.

Belz rendered his decision one day after hearing arguments on the motion.

“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.

“This is a victory for every Illinois resident who believes in the integrity of the Constitution. It is a victory for a basic principle of fairness, that working people and retirees who earned modest pensions and always paid their share should not be punished for politicians’ failures. And it is a victory for the members of our unions, who work hard every day in every Illinois community to teach kids, protect public safety, care for the most vulnerable and much more. Today they are more secure in the knowledge that their life savings can’t be taken away from them.

“Going forward, our union coalition repeats our longstanding commitment to work with anyone of good faith to develop a fair and constitutional solution to fund the state’s retirement systems.”

The state is expected to appeal to the Illinois Supreme Court.