Latest developments in pension litigation

At an Oct. 8 hearing, the Sangamon County Circuit Court decided it would take up first the motions filed by the We Are One Illinois coalition and other plaintiffs who argue that the Pension Protection Clause renders SB1 unconstitutional.

The court stated its belief that our motions, if granted, will resolve the question of whether SB1 is constitutional.

The court directed the plaintiffs to file their replies in support of their motions by October 31 and set argument for November 20 at 1:30 p.m.

"As we have always maintained and the recent Kanerva decision confirms, the pension protection clause of the Illinois Constitution is absolute and without exception," We Are One Illinois leaders said in a news release following the hearing. "There is no merit to the state's purported justification for the unconstitutional diminishments and impairments that SB1 imposes. We are hopeful for a swift resolution in the plaintiffs' favor, so that we can work with legislators willing to develop a fair—and legal—solution to our state's challenges, together."