Underwood v. City of Chicago

(Court opinion corrected 10/4/16.) Court properly denied Plaintiffs' motion for injunctive relief, and properly held that Plaintiffs hired after 8/23/89 did not have an ascertainable right to health care benefits. Pension Code does not by itself confer pension benefits; they are created by contract or by statute. Amendments to Pension Code in 1989, 1997, and 2003 provided only time-limited health care benefits, all of which expired by 2013. Thus, they could not create and give Plaintiffs rights beyond what legislature afforded. Court correctly determined that remaining Plaintiffs could not show likelihood of success on merits of their Pension Clause claim as to 1983 and 1985 Pension Code amendments. Record amply supports court's determination that City's 2016 plan did not diminish or impair benefits set forth in 1983 and 1985 amendments.(CONNORS and HARRIS, concurring.)