Time running out on pension overhaul

House committee OKs plan; only 1 full day left

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State Rep. Elaine Nekritz, D-Des Plaines, argues pension legislation while testifying during a House committee hearing Monday at the Illinois State Capitol in Springfield.
State Rep. Elaine Nekritz, D-Des Plaines, argues pension legislation while testifying during a House committee hearing Monday at the Illinois State Capitol in Springfield. (AP)
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Among the main questions still lingering about any pension plan is whether it will stand up to a legal challenge. The Illinois Constitution prohibits pension benefits from being “diminished or impaired.”

Union officials said Monday they believe the current proposal violates that provision, which they called an “ironclad guarantee” of benefits. They said they are prepared to sue if the bill becomes law.

Mark Rosen, a professor at IIT Chicago-Kent College of Law, told lawmakers courts have ruled that constitutional language isn’t absolute, particularly if there are compelling competing interests such as a massive unfunded liability that threatens a fund’s solvency.

Nekritz said any change to pensions is likely to prompt a legal challenge, and lawmakers should let the Illinois Supreme Court make the final decision on what’s constitutional.

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The bill is SB1673.

Online: http://www.ilga.gov

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