From: Roth, Mitch
Sent: Thursday, November 20, 2014 4:17 PM
Subject: Pension Lawsuit Decision to Issue Tomorrow at 2
Today, a hearing was held in Sangamon County Circuit Court in the Pension lawsuit on our motion that the State constitution’s pension clause does not permit the State to impair or diminish pension benefits under any circumstances. The judge will issue his written decision tomorrow at 2. If the judge rules in our favor, he will be deciding that SB 1 is unconstitutional. Even if he rules against our motion, it won’t mean that he is ruling that SB 1 is constitutional. It will only mean that he wants to hear evidence on the State’s claim that in severe financial circumstances, it can diminish pension rights. Once he hears that evidence, he could very well still decide that the law is unconstitutional because the State hasn’t made the case that the situation is so dire that it can abrogate pension benefits. We will keep you posted.
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