Kanerva Lawsuit Ends!

To All University Retirees and Friends!

Judge Nardulli issued his decision for contingency fees to be paid to the Kanerva attorneys. SUAA’s and the Union’s Attorney are not part of the contingency fee payment. We have included the Judge’s decision in order for you to know firsthand how the fees where determined.

I want to thank again SUAA members Larry Alferink, Curtis White, Barbara Hayer and Nancy Creeson for their testimonies. Your participation was very much appreciated!

Click Here to read the Mini Briefing 04.14.2015

Click Here to read the Judges Order on Kanerva Attorney Fees

Linda L. Brookhart
Executive Director
State Universities Annuitants Association

 

Rauner Reform?

Did you notice the story on Gov Rauner’s approval of corporate tax credits and cuts to social service and parks grants? Is that what he calls reform? And he thinks that the state’s courts have been corrupted by campaign contributions?!

You can read the story in Crain’s at http://www.chicagobusiness.com/article/20150409/BLOGS02/150409776/despite-spending-freezes-elsewhere-rauner-oks-corporate-tax-breaks?CSFlag=8612810427

 

IL Supreme Court Schedules Oral Arguments in Pension Lawsuit for March 11, 2015

February 20, 2015

To all members and friends!

The Illinois Supreme Court will hear oral arguments for the pension reform lawsuit case on March 11, 2015.

Click Here to read: Brief of Plaintiffs-Appellees State Universities Annuitants Association, et al.
(In Re: Pension Reform Litigation)

In addition, this is for all of you who like to know a bit more about what is going on at the Capitol.

These are the bills we are tracking, along with some general interest legislation.
If you hear of a bill that you would like tracked, let me know!

Click Here to read the ActionTRACK Report

Linda L. Brookhart
Executive Director
State Universities Annuitants Association

 

Take ACTION! Help SUAA Legal Fund Drive

To All SUAA Members and Friends!

The Pension Lawsuit is waiting its turn in the Illinois Supreme Court. While there was a favorable decision in the Circuit Court, other considerations could be reviewed in the Supreme Court.

SUAA is holding another Legal Fund Drive before our attorneys respond to the Attorney General’s original Amicus Brief and prepare for verbal legal arguments before the Supreme Court.

See attachment for more information!

We continue to work hard for you because your future depends on it!

Click Here to contribute to Legal Fund

Linda L. Brookhart
Executive Director
State Universities Annuitants Association

Fundraiser Flyer for February 2015-Last.pdf

 

Notice of Pendency of Class Action Re: Health Insurance Premiums

February 3, 2015

Notice of Pendency of Class Action Regarding Health Insurance Premiums

On February 9th the State will begin sending every member of the State Universities Retirement System a written notice regarding the Health Insurance Premium Refunds. The Court Ordered that SUAA host a website to provide information to everyone. The website includes the relevant Orders entered by the Court, the Petition for Attorneys’ Fees and Expenses, supplemental materials objecting to the amount of attorneys’ fees sought, and certain other documents pertaining to this. You can get that information on-line at http://www.kanervahealthinsurancerefund.com. Copies of the Notice and of the Opt-Out Form that are being mailed are also available on the website.

Linda L. Brookhart
Executive Director
State Universities Annuitants Association

 

HOT NEWS! Supreme Court Denies State’s Amicus Briefs

Supreme Court denied all of the Amicus Briefs – one filed by the Attorney General and the 10 in support of the Attorney General.
As a result the motion for extension will be denied as moot.
Therefore the plaintiff’s response brief will only need to address the State’s opening brief!

State Journal Register Article: http://www.sj-r.com/article/20150122/NEWS/150129818

Linda L. Brookhart
Executive Director
State Universities Annuitants Association

Clarifying email from GSU SUAA on 1/23/15:

Hello All,

If you are a bit confused by the email from SUAA yesterday, we will try to clarify it.

As you all know, SUAA and other organizations have filed cases asserting that SB1, the pension bill reducing our benefits is unconstitutional. The Attorney General has countered those cases. The Attorney General’s case asserts that Illinois is in dire financial straits and can violate the pension clause for the good of the population as a whole. This case is scheduled to be heard in March because the Supreme Court has expedited it.

Various organizations including the Illinos Policy Institute, which is a right wing think tank, filed briefs in support of the Attorney General’s case for the pension bill. In general, these briefs added arguments to the case. For example, the Illinois Policy Institute argued that the pension promise of the Illinois constitution does not add special privilege to the pension contracts that the state made with each of us. They assert that pensions are like any other contract the state may make. The Supreme Court has ruled it will not consider these briefs but will only consider the case filed by the Attorney General. This is good news for our lawyers because they do not need to prepare arguments against the contents of the briefs.

Legal cases are complicated. The case will be heard in March, but we do not know how long the Supreme Court will take to determine its decision.

 

SJR: Illinois Supreme Court to expedite pension case

The following news article is reprinted from the Springfield State Journal-Register at: http://www.sj-r.com/article/20141210/NEWS/141219923

Illinois Supreme Court to expedite pension case
By Doug Finke<mailto:doug.finke@sj-r.com>
State Capitol Bureau
Posted Dec. 10, 2014 @ 4:29 pm
Updated at 11:06 PM

The Illinois Supreme Court has agreed to an expedited schedule to resolve the constitutionality of the state’s pension reform law.

In a brief order filed Wednesday<http://files.sj-r.com/media/news/12102014SCpensionorder.pdf>, the court set oral arguments in the case for March, the latest of three alternatives proposed by attorneys defending the pension reform law for the state.

Lawyers representing workers and retirees affected by the pension reform law asked the Supreme Court in a filing Tuesday to avoid an expedited hearing in the case. They said an accelerated schedule could jeopardize their ability to mount an effective argument against the law.

However, the lawyers also said that setting a schedule for oral arguments to occur in March would be the most preferable alternative if the court decided to expedite the case.

“The state offered three options, and the one the (court) chose is the only one of the three which we felt (was) fair,” said Michael Reagan, one of the attorneys representing the workers and retirees. “The court has indicated what it wishes to have happen, and we’ll do it.”

Sangamon County Circuit Judge John Belz ruled last month that the pension reform law lawmakers passed a year ago diminishes pensions for workers and retirees and violates the pension protection clause of the Illinois Constitution. Attorney General Lisa Madigan’s office, which is defending the law, immediately appealed and also asked the court to set an expedited schedule for hearing the case. Madigan’s lawyers said a prompt ruling is critical because the fate of the pension reform law will have an impact on the state’s budget.

Lawyers for the plaintiffs countered that the state was only seeking to have the lawsuit returned to Sangamon County for further hearings and that a final resolution wouldn’t be made before a new budget needs to be passed at the end of May.

Even with oral arguments scheduled for March, there is no way of telling how quickly the Supreme Court may rule in the case. A lawsuit involving insurance premiums for state retirees was argued before the Supreme Court in September 2013, but a ruling was not made until July of this year.

Contact Doug Finke: doug.finke, 788-1527, twitter.com/dougfinkesjr<http://twitter.com/dougfinkesjr>.

 

Circuit Court Rules Pension Reform Law Unconstitutional — All of it!

Judge John Belz of the Sangamon County Circuit Court ruled today in favor of state employees and retirees in their law suit to block the state’s pension reform law. State is expected to appeal to the Illinois Supreme Court.

Click here to download/view Judge Belz’ ruling (pdf)

 

SUAA Mini Briefing 09.04.2014

SUAA Mini Briefing
September 4, 2014

Court Strikes Discovery Dates in Anticipation of Ruling on Pension Clause Claims

In July, the Court had set discovery deadlines which included an August 29 date for the State to provide its six expert reports, an October 31 deadline for the Plaintiffs to provide their expert reports. Today the Court struck the October 31deadline instead indicating an inclination to address motions filed by the Plaintiffs groups.

On July 3, the Illinois Supreme Court issued a sweeping opinion reinstating the Kanerva case. SUAA filed several motions in that case in August including a Petition to intervene as a Plaintiff, a Motion for Judgment, a Motion for Injunctive Relief to stop the deductions for health care premiums, and a Motion for Class Certification so that the monies already taken from SURS members pursuant to Public Act 97-695 could be recovered. The Motion for Judgment specifically explained that the Pension Clause – both as applied to health care premiums, and as applied to pension benefits more generally – was not subject to the State’s “Reserved Sovereign Powers” defense.

In addition, SUAA filed a Motion to Strike the Affirmative Defense in the general pension litigation as a matter of law. (The remaining groups filed a Motion for Judgment on the Pleadings. As a technical matter that motion would have to assume that the State’s factual assertions are correct. As a result, SUAA did not sign that motion.)

The Court clearly read all of these motions, including the ones filed by SUAA and others in the Kanerva case. In an effort to streamline the case, the Court agreed to strike the deadlines for Plaintiffs to file their expert reports and instead focused on the State’s responses to the pending motions and the State’s own Motion for Summary Judgment. Rather than setting deadlines for the Plaintiffs to respond to the State’s filings, the Court set a status call for October 8, by which time it will have reviewed the materials filed by the State and will be in a position to hear from the Plaintiffs as to how much time is needed to file responsive papers.

Today’s comments by the Court are a strong indication that the Pension Reform Act is headed for defeat. The hard work that SUAA has put into this case is likely to pay considerable dividends. But we must not rest on our laurels. There remains considerable work to do even on this case. More importantly, we must remember that the battle for pension reform has just begun. We must be prepared for the battles to come as the State tries other ways to attack its obligations to the pension systems and their members.

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

 

 

SUAA Win Boost to Pension Reform

SUAA Mini Briefing
August 28, 2014

The State Universities Annuitants Association won a big victory today for SURS university retirees who were seeing deductions from their pension distribution checks for state health insurance premiums. The Sangamon County Circuit Court granted a motion filed by SUAA to enjoin the State from deducting money from pension checks of university employees to cover state healthcare premiums.

Last October, with the Court having determined that state health insurance premiums were not pension benefits protected by the Pension Clause, SUAA pursued the issue in Federal Court on due process grounds. In July, the Illinois Supreme Court reversed the Sangamon County Court finding that the state health insurance premiums are indeed pension benefits and therefore protected by the Pension Clause.

Two weeks ago, SUAA filed a motion to intervene before the Sangamon County Court in the Kanerva case along with a motion for a preliminary injunction to stop the State from making the deductions to SURS university retirees’ pension distribution checks which the Court granted. (Other motions for permanent injunction were filed by other Plaintiffs but the Court was not yet prepared to grant permanent injunctive relief.)

Two weeks ago SUAA prevailed upon the Department of Central Management Services to withdraw the emergency rule which doubled the amount of deductions being made since July. With today’s ruling, the State is required to stop the deductions altogether. However, it may take the State a month or so to catch-up as pension checks are already in the process of being sent for September. Please take note that this applies to deductions being made for statehealth insurance premiums and today’s ruling does not affect community college retirees.)

This victory today is also a huge boost to the challenge against general pension reform. Last week SUAA filed a motion in the general pension case arguing that pension benefits were simply not subject to deductions at all. In granting the injunctive relief today, the Court gave a clear indication that pension benefits generally cannot be violated. You can be sure that this point will be made to the judge in the general pension case next week which will have a huge impact on the rights of all SURS members – community college employees and university employees alike.

Meanwhile, the next step in this case is to recover the monies already taken. The Court has given the State until October 13 to file its response to SUAA’s Motion for Judgment and Permanent Injunction and SUAA has 21 days after that (November 3) to file any reply. The Court has set the next hearing for November 21st at which time it will rule on the various motions for judgment and permanent injunction.

SUAA has also filed a motion for class certification to facilitate collecting monies taken from SURS members for state health insurance premiums and returning them. The Court was not prepared to address that motion at this time preferring to see what the State had to say about the other motions. SUAA attorney Aaron Maduff did reserve the right to take discovery to find the monies already taken if necessary, a point of which the Judge took due notice.

SUAA is represented by the Law Offices of Maduff & Maduff, LLC, www.madufflaw.com, and John D. Carr.

Linda L. Brookhart

Executive Director

State Universities Annuitants Association