Tag: Cook County Record

Appeals panel agrees IL police and firefighter pension consolidation doesn’t violate state constitution

Mary Pat Campbell

Link: https://cookcountyrecord.com/stories/639342824-appeals-panel-agrees-il-police-and-firefighter-pension-consolidation-doesn-t-violate-state-constitution?utm_source=Wirepoints+Newsletter&utm_campaign=55b5f7633f-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_895ee9abf9-55b5f7633f-30506353#new_tab

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A state appeals panel has affirmed a ruling that the Illinois state constitution holds no barrier to a law consolidating hundreds of local police and firefighter pension boards into two statewide funds.

In December 2019, Gov. JB Pritzker signed Senate Bill 1000, which amended the Illinois Pension Code to create the Police Officers’ Pension Investment Fund and the Firefighters’ Pension Investment Fund, built through the consolidation of more than 650 otherwise independent downstate and suburban funds.

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Although some union leaders supported the move, dozens of police and firefighter pension boards and individual members sued the state and the new funds to stop the consolidation. Kane County Circuit Court Judge Robert Villa granted summary judgement to the state, prompting an appeal to the Illinois Second District Appellate Court.

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Although the panel agreed the protection clause covers more than just the payment of pension money, it said past Illinois Supreme Court rulings invoking the clause involved benefits that “directly impacted the participants’ eventual pension benefit,” McLaren wrote. But being able to vote for board members, or have a local board control investments, he added, “is not of the same nature and essentiality as the ability to participate in the fund, accumulate credited time, or receive health care, disability and life insurance coverage.”

“Voting for the local board is, at best, ancillary to a participant’s receipt of the pension payment and other assets,” McLaren continued. “The local boards were entrusted with investing the contributions so that payments could be made to participants. However, choosing who invests funds does not guarantee a particular outcome for benefit payments. The local boards also did not have any say in the actual method of funding; contribution requirements were set in the Pension Code.”

Author(s): Scott Holland

Publication Date: 7 Feb 2023

Publication Site: Cook County Record

Appeals panel: No pension benefits for ex-Chicago cop Anthony Abbate, convicted in videotaped beating of female bartender

Mary Pat Campbell

Link:https://cookcountyrecord.com/stories/619782204-appeals-panel-no-pension-benefits-for-ex-chicago-cop-anthony-abbate-convicted-in-videotaped-beating-of-female-bartender

Excerpt:

A state appeals panel has ruled a Cook County judge was wrong to declare Anthony Abbate — a Chicago police officer convicted of a 2007 aggravated battery targeting a female bartender — remained entitled to his pension.

Cook County Circuit Judge Anna Loftus ruled in favor of Abbate in a lawsuit against the Retirement Board of the Policemen’s Annuity and Benefit Fund of the City of Chicago, which stripped Abbate’s pension following his conviction. Loftus determined the battery had no connection to Abbate’s service as a police officer and therefore couldn’t be used to invalidate his pension.

The Illinois First District Appellate Court ruled on the pension board’s appeal in an order issued Feb. 7. Justice Aurelia Pucinski wrote the opinion; Justices Michael Hyman and Carl Walker concurred. The order was issued under Supreme Court Rule 23, which may restrict its use as precedent.

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According to Pucinski, the pension board also said “Abbate used his position as a police officer to interfere with a criminal investigation into his own conduct at the bar” and cited testimony from a federal civil trial in which a jury found in favor of the bartender against Abbate and the city. The panel rejected Abbate’s arguments alleging the pension board failed to support its conclusions and selectively included evidence.

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The panel further rejected Abbate’s argument it should only consider a specific section of the Illinois Pension Code, explaining it would consider other cases interpreting similar forfeiture provisions, such as those affecting the General Assembly, Illinois Municipal Retirement Fund members and others.

Author(s): Scott Holland

Publication Date: 7 Feb 2022

Publication Site: Cook County Record

Did IL state lawmakers unconstitutionally borrow billions of dollars? IL Supreme Court to decide

Mary Pat Campbell

Link: https://cookcountyrecord.com/stories/580283019-did-il-state-lawmakers-unconstitutionally-borrow-billions-of-dollars-il-supreme-court-to-decide

Excerpt:

Tillman, of suburban Golf, centered his claims on Article IX Section 9(b) of the Illinois state constitution. Tillman argued that provision of the state constitution limits the state’s ability to borrow money.

The complaint particularly focuses on text requiring lawmakers to identify “specific purposes” for debt when issuing new long-term bonds. Tillman argues that “specific purposes” clause should be read to forbid state lawmakers from borrowing money to finance deficits or “plug holes” in the state’s budget, such as the shortfall faced by the state when funding pension obligations.

Tillman has argued lawmakers in both 2003 and 2017 failed to identify “specific purposes” when it issued bonds, and then unconstitutionally assigned to the state comptroller the power to decide how the borrowed money was spent.

Author(s): Jonathan Bilyk

Publication Date: 19 March 2021

Publication Site: Cook County Record