This case presents question as to whether trial court properly granted defendants-state officials’ motion for summary judgment in plaintiffs-police and firefighter pension plan beneficiaries’ action, alleging that certain amendments to Illinois Pension Code, that essentially consolidated 650 local police and firefighter pension funds into two state-wide pension funds, violated Pension Protection Clause and/or Takings Clause of Illinois Constitution. Appellate Court, in affirming trial court, found that: (1) ability to vote in local elections for pension board members that was taken away by amendments was not benefit subject to Pension Benefits Clause; (2) requiring plaintiffs to pay for consolidated funds’ startup costs, as well as administration, operation and transition costs did not impair or diminish plaintiffs’ pension benefits, where local funds were already required to pay costs of administration of local funds, and where plaintiffs cited to no evidence showing that costs of consolidated funds would be greater than what plaintiff already pay; and (3) Takings Clause was not implicated in instant consolidation because plaintiffs did not own funds that amendments to Pension Code required to be transferred.
Illinois Supreme Court PLAs
Civil Court
Illinois Pension Code