In re Pension Reform Litigation

Illinois Supreme Court
Civil Court
Pensions
Citation
Case Number: 
2015 IL 118585
Decision Date: 
Friday, May 8, 2015
Division/County: 
Sangamon Co.
Holding: 
Circuit court affirmed.
Justice: 
KARMEIER
Public Act 98-599 amends Illinois Pension Code by reducing retirement annuity benefits for persons who first became members of four of Illinois' five-State-funded pension systems prior to 1/1/11. Annuity reduction provisions of Public Act 98-599 violate pension protection clause (article XIII, section 5) of Illinois constitution, and those provisions are void and unenforceable. As annuity reduction provisions are core purpose of the Public Act, to leave remaining provisions standing would yield legislation package that no longer reflects legislature's intent. Thus, Public Act 98-599 is void and unenforceable in its entirety. (GARMAN, FREEMAN, THOMAS, KILBRIDE, BURKE, and THEIS, concurring.)