Notes from GSU SUAA’s October 16, 2014 Meeting

Use the link below to download and view notes from GSU SUAA’s October 2014 meeting.

GSU SUAA 10-16-14 meeting notes (pdf file format)

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Posted by on October 22, 2014 in GSU SUAA, Meetings


Next Meeting of the GSU Chapter of the State Universities Annuitants Association (SUAA)

Join us for the next meeting of GSU SUAA!

GSU Cafeteria

Thursday, October 16

12 o’clock noon


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Posted by on October 14, 2014 in Uncategorized


Register for 2014 SUAA Fall Board Meeting

2014 SUAA Fall Board Meeting

Wednesday, October 29, 2014
Illinois State University Alumni Center
1101 North Main Street Normal, IL

*Please Submit Registrations by Wednesday, October 22, 2014*

Click Here to Register

Additional information and agenda will be available next week.

Linda L. Brookhart
Executive Director

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Posted by on October 10, 2014 in Uncategorized


SUAA Mini Briefing 10.08.2014

SUAA Mini Briefing
October 8, 2014
Court Sets Briefing Schedule on Viability of Reserved Sovereign Powers Doctrine -

Puts Off State’s Argument that it Meets the Reserved Sovereign Powers Burden

In June of this year, the five Plaintiffs groups filed a joint Motion for Summary Judgment asking the Court to award them judgment on the basis that the Pension Protection Clause is not subject to a Reserved Sovereign Powers (Police Powers) Defense. The Court continued that motion to permit the State to file its own Motion for Summary Judgment. After the Supreme Court’s opinion in Kanerva, the Plaintiffs groups again filed motions addressing the viability of the Reserved Sovereign Powers Defense. Four of the five groups filed a Motion for Judgment on the Pleadings and SUAA filed an additional Motion to Strike the Reserved Sovereign Powers Affirmative Defense.

On October 3, the State filed a Response to those three Motions and at the same time filed its own Motion for Summary Judgment arguing not only that the Reserved Sovereign Powers is a viable defense, but that in addition, it meets the high burden that it is required of it to meet that defense. The case was up before the Court for status on August 8, 2014.

The State asked the Court to consider all motions (i.e. including the State’s Motion for Summary Judgment) at the same time. The Plaintiffs groups objected because responding to the State’s Motion would require months of very expensive and time consuming discovery. The Court agreed with the Plaintiffs’ view on this point and set a schedule for a Reply on the Plaintiffs’ Motions first, leaving the question of the State’s Motion to be considered at a later date.

The Plaintiffs’ Reply is (are) due on October 31, 2014. The Court then set a call for Thursday November 20, 2014 to hear arguments and rule on the motions. If the Court grants those Motions it will presumably enter judgment for the Plaintiffs, make the current injunction permanent, and certify the case for appeal. At that point, it is anticipated that the case will go directly to the Supreme Court where the briefing and arguments will begin again. If the Court denies Plaintiffs’ Motions, discovery will begin on determining the sufficiency of the State’s claim of emergency (i.e. is it enough of an emergency to warrant permitting the State to abridge pension rights in spite of the protections of the Pension Clause?)

While there is considerable weight to the Plaintiffs argument that the Pension Clause is not subject to the Police Powers Defense, the State has made an argument (relying on the Felt case) that caught the Court’s attention. The Court specifically asked the Plaintiffs to address that concern as well as the question of severability – whether a finding that the law violates the Pension Clause requires the Court to overturn the entire law or just portions of it. This is of particular concern to SURS members because the SURS system is more complicated than other systems.

The Court’s comments today leave us optimistic, but also remind us that there remains considerable work to do. This case is not over and we cannot necessarily rely on the Supreme Court’s decision in Kanerva to carry the day.

SUAA is represented by Maduff & Maduff, LLC, and John D. Carr.

Please consider contributing to the SUAA Legal Fund. Check out the SUAA website for details regarding the pension lawsuit along with how to make a contribution. You are welcome to pass this and all other information to your colleagues.

Linda L. Brookhart
Executive Director
State Universities Annuitants Association

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Posted by on October 9, 2014 in Uncategorized


An interesting look at the history of underfunding Illinois pensions

Eric Madiar is the counsel for the Democrats. He has written extensively on the pensions. Here are his latest thoughts.

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Posted by on October 3, 2014 in Uncategorized


Read Minutes from September 2014 GSU SUAA Meeting

Click here to download/view/print the meeting minutes from GSU SUAA’s September 17, 2014 meeting.

(File is in PDF format)

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Posted by on October 1, 2014 in GSU SUAA, Meetings


SURS Retirement Seminars

SURS is offering fall retirement education seminars for Traditional and Portable Plan members at our offices in

Champaign & Naperville.

Registration is required and space is limited.


Beth Spencer
Communications Manager
State Universities Retirement System of Illinois

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Posted by on September 30, 2014 in Membership, Resources


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