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Pension Reform Bill Sent to Governor

Mike Tryon

This has certainly a historic week in Springfield. After years of discussion and countless proposals, the General Assembly on Tuesday sent a comprehensive pension reform bill to the Governor. Following several hours of debate in both chambers, SB1 was approved in the House in a 62-53-1 vote and in the Senate in a 30-24-3 vote. Governor Quinn has promised to sign the bill as soon as he receives it.

Pension reform is an issue that has been very important to me during my time as a legislator. In fact, since taking my seat in the IL House in 2005 I have sponsored or co-sponsored 19 different pension reform bills. While I had hoped that the legislation brought forward from the conference committee on pensions would be something I could support, I could not in good conscience vote for pension changes that I truly believe constitute an unconstitutional diminishment of pension benefits.

The Governor and General Assembly are bound by the Illinois Constitution to adequately fund the State’s pension systems and guarantee the pension benefits of current state employees. Article XIII, Section 5 of the Illinois Constitution states that “membership in any pension or retirement system of the State… shall be an enforceable contractual relationship, the benefits of which shall not be diminished or impaired.”  In simpler terms, this means that once a benefit has been earned it cannot be lessened or taken away. To pass the constitutionality litmus test, pension changes or reforms needed to only affect future earnings while leaving already-earned benefits untouched.

The unions affected by the passage of SB1 have already promised to immediately challenge this legislation in court. Attempts to change pension benefits in other states have already been heard in other states and the courts have been clear in supporting constitutionally protected pension provisions. I have no reason to believe the courts will rule differently in Illinois.  If, down the road, the provisions of SB1 are found to be unconstitutional, real reform will have been delayed and the $100 billion pension liability will have only grown larger.

In spite of my “no” vote on Tuesday, I sincerely appreciate the hard work put into this important issue by Republican House Leader Jim Durkin and by the bi-partisan conference committee. With the vote now behind us I hope we can refocus our energy on improving Illinois’ business climate and reducing unemployment.

Legislators are now back in their home districts and will not return to Springfield until January 29, when Governor Quinn will issue his annual State of the State adddress. If my staff or I may assist you in any way, please contact us at mike@miketryon.com or at the Crystal Lake phone number listed below.