Plaintiffs, individual active and retired beneficiaries from police and firefighter pensions funds, filed suit seeking a finding that amendments to portions of the Illinois Pension Code that were signed into law in 2019 were in violation of the pensions protection clause, contracts clause, and takings clause of the Illinois state constitution. The circuit court granted defendants’ motion to dismiss and plaintiffs appealed. The appellate court affirmed, holding that the amendments were constitutional and finding, among other things, that changes to the voting structure for board members were procedural and did not have a direct impact on the payment of benefits and, as such, were not a protected benefit and that plaintiffs did not have a private property right of the money held by the retirement funds, only to present or future payments from the funds. (HUTCHINSON and JORGENSEN, concurring)
Illinois Appellate Court
Civil Court
Illinois Pension Code