Jim Broadway: A test of the rule of law.

What are the details? What bill will be amended to become the new pension law? None of that information is available. We only know Madigan plans a one-day session of the House on December 3, and the Senate may be in December 3-4.

It would seem, then, that the House will write the new law. A bill from the Senate will be amended with profound effects and very little time for the folks it affects to mount an effort to stop it. Then the Senate will concur and that will be it.

There are strong indications that slashing retirees’ cost-of-living-adjustments (COLAs) – from 3% compounded to 3% or one-half of the CPI increase, whichever is less, not compounded – will be a major feature of the “reform” law.

But that won’t be the end of it. There is no doubt that the bill will be challenged in court. Unions will argue that the actions diminish pension benefits in violation of Article XIII, Section 5 of the Illinois Constitution:

“Membership in any pension or retirement system of the State, any unit of local government or school district, or any agency or instrumentality thereof, shall be an enforceable contractual relationship, the benefits of which shall not be diminished or impaired.” [Emphasis ours.] A test of the “Rule of Law” itself will ensue.

Will the Constitution protect those who played by the rules, or will the Illinois Supreme Court side with Gov. Pat Quinn, with Madigan and with the bare majority of legislators whose votes will make the deed happen?

As vigilant readers know, our guess is that the Supreme Court will ultimately rule against allowing the state to shaft the public employees and retirees out of $150 billion. A Plan B will be required, probably one requiring more revenue.