Retiree health care case back in circuit court this week

AFSCME and our union partners are asking the Sangamon County Circuit Court to swiftly strike down a law that allows the state to unilaterally increase retiree health insurance premiums.

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.

The motion, filed by AFSCME attorney Stephen Yokich, asks that the circuit court accept the reasoning offered by the state Supreme Court when it overturned the dismissal of a union lawsuit against the law (SB 1313 – Public Act 97-695), ordering the circuit court to hear the case.

In the court’s 6-1 bipartisan ruling, it affirmed that retiree health care benefits are protected by the pension clause of the state constitution.

The Supreme Court officially sent the case back to the circuit court on August 7. Along with requesting that the law be found 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.

Attorney General Lisa Madigan’s office, representing the state in this case, has not filed a response to the motion and it is not clear what position her office will take.

AFSCME is joined in making this motion by its union partners in this lawsuit: IFT, FOP, and INA.