Ball in Quinn's Court
- Mayor Rahm Emanuel’s partial city pension overhaul cleared the Illinois General Assembly today, putting the measure in the hands of a skeptical Democratic Gov. Pat Quinn.
The Senate approved the city pension bill 31-23-2, hours after the House had done the same.
The road to passage got much easier after the measure was changed to exempt state lawmakers from endorsing a property tax increase for Chicago, instead putting the pressure on Emanuel and the Chicago City Council to do so. The bill also would scale back the annual pension increases for retirees, meaning it could end up being challenged in court.
We're pretty sure it's going to the Courts no matter what. The House cobbled together a veto-proof majority, but not the Senate. Quinn did manage to put Rahm on the spot with the proposed property tax increases. That's going to be Rahm's baby all the way - not Quinn's and not the Springfield crowd. This is going to run completely counter to Quinn's proposed property tax relief though, so no matter what happens, once again, property owners are going to be screwed.
Labels: money questions, pension
posted by SCC at 12:05 AM
55 Comments:
Why can't the TIF money be brought to light? Might there be a person or an institution (a newspaper for example) that would sue for the city to divulge the dollar amount that is in all of the TIF Accounts? And who's to say when the city retirees, employees and taxpayers pay up (again)..that the Pols won't use the money for other purposes...who's watching the hen house?
It's Da Mayor's cops and city workers, so it should be entirely in is court. Eventually he will do the right thing.
Veto it and let's get a casino!!!
Bet the farm Quinn will sign the bill. The conniving trio of our mayor, Madigan, and Cullerton have this one signed sealed and delivered. I doubt the cut in the COLA will stand a court challenge. We will see. This entires charade just again shows how all of these subhuman politicians work together.
pension is going to go belly up if we don't bend.
To 409am, it's going belly up. It's people like you the politicians like to see comment. There's money for pensions, politicians have money for everything else, let the city cry bankrupt, mayor is not going to want Feds snooping around the books and TIF funds with a forensic audit. Money for parks, bike lanes, stadium, hotel, and every other pet project. Once again they have the money just don't want to be responsible!
Why isn't the city council's pension addressed? Or the sate legislators pension addressed? Why aren't they reduced?
I hope all you retired democrats feel good about your vote right now.
All the while TIFFS are skimming half a billion dollars every year from taxpayers, used as free construction money for the already rich.
Funny thing too..... all it's gonna take to accomplish our goal is to force this little shit's hand is pensions. We all take their shit to court and it all gets thrown out, Emanuel will be left with two choices:
1. Kill TIFFs and use that tax money where it's supposed to be used according to law
2. Try and claim bankruptcy, which will never be authorized by a federal court because Emanuel keeps chunking away tax dollars into his pet project funds of TIFF.
Either way, the employees will win. We get what the constitution and various other state and federal laws protect and Emanuel's personal slush funds disappear back into the tax coffers as they legally should be.
Emanuel can NEVER pass the requirements for bankruptcy so long as he continues to skim TIFF money into his piggybank. NO federal judge could ever claim the city qualifies for bankruptcy while it's hoarding enough cash to keep the city solvent in it's debts.
So, Angelo you know what you're supposed to do buddy. We in the field have no sympathy for a thieving bastard who steals taxpayer dollars and hoards them for his friends while claiming to be broke.
Your mandate is to resolve our contract, which will have nothing in it pertaining to pensions, at all.
Your mandate also includes the answer "NO" when pension legislation threats are brought to your door.
The POLICE have already given up their COLAS in PAST GIVEBACKS to this city. We don't get shit until we hit 60, then it's only 1.5% non compounded and that's only until you hit 80, then your COLA disappears.
So FUCK Emanuel's threats of legislation, we don't fucking bend for shit on pensions because everyone who's paid a dime into it is guaranteed all benefits, period.
Federal Contract law covers our pensions, State Contract laws and the Taking's Clause covers our pensions and the Illinois Constitution covers our pensions.
They can claim to try anything they want to change those laws, but state contract laws cannot be altered nor can Federal contract laws be altered.
So in the end, it's WE who will get what is owed, without question in perpetuity.
New hires? That's YOUR problem if you sign up with CPD and get no pension.... the rest of us will receive what is owed, in it's entirety unless we have to sue our own union for stabbing us in the back.
Got it Dean?
Anonymous said...
Bet the farm Quinn will sign the bill. The conniving trio of our mayor, Madigan, and Cullerton have this one signed sealed and delivered. I doubt the cut in the COLA will stand a court challenge.
********
eh, actually NONE of it will stand the court challenge. It's already been long established by the SCOIL that you can't increase pension contributions for the same resultant benefit. LOOOOOONG been established in court opinion in several cases.
Nor can upping the age of retirement for the same benefit. LOOOOOONG been established in SCOIL case history.
There is nothing they can pull that will sustain a court challenge, nothing. The SCOIL does not have the power to subvert the constitution EVEN IF BOTH ENTITIES WERE BANKRUPT. It's NOT within the authority of the SCOIL to grant bankruptcy status or allow the state to negate contracts due to financial problems. That sole authority rests with the Federal courts, not the SCOIL.
The SCOIL's only use is to uphold this state's laws and the constitution. Contract laws, Federal Contract laws AND the Constitution have already been vetted and covered by this court.
There is nowhere to run. They have no choice. The law is clear and they have no authority to ignore it.
To wit:
IMPAIRING THE OBLIGATION OF CONTRACTS. The Constitution of the United States, art. 1, s. 9, cl. 1, declares that no state shall "pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts."
2. Contracts, when considered in relation to their effects, are executed, that is, by transfer of the possession of the thing contracted for; or they are executory, which gives only a right of action for the subject of the contract. Contracts are also express or implied. The constitution makes no distinction between one class of contracts and the other. 6 Cranch, 135; 7 Cranch, 164.
3. The obligation of a contract here spoken of is a legal, not a mere moral obligation; it is the law which binds the party to perform his undertaking. The obligation does not inhere or subsist in the contract itself, proprio vigore, but in the law applicable to the contract. 4 Wheat. R. 197; 12 Wheat. R. 318; and. this law is not the universal law of nations, but it is the law of the state where the contract is made. 12 Wheat. R. 213. Any law which enlarges, abridges, or in any manner changes the intention of the parties, resulting from the stipulations in the contract, necessarily impairs it. 12 Wheat. 256; Id. 327; 3 Wash. C. C. Rep. 319; 8 Wheat. 84; 4 Wheat. 197.
*****
Learn it, live it, know that you are secure in it and these shitheaded tax thieves are going down.
Sure in a hurry to get this done. Wonder if it has anything to do with the windfall of cash coming in May from the 60 marijuana retail stores and 33 cultivation plants. Each pays 7% in taxes, plus a $25,000 fee each year for each store for the permit.
"...pension is going to go belly up if we don't bend..."
Thanks for chiming in, Rahm.
Pensions went out of style over a decade ago. They are so obsolete and costly. 401Ks and IRA are the best alternative. It is time for expensive pensions to die.
what part of this deal involves the city funding the pension--- all I see is an increase in payments into the pension by employees and a reduction in benefits for retirees--- the rest will come from an increase in property taxes--- where is the part where the city is sharing the pain ??????
The future casino money is for more bullshit projects. Not to be used to pay off obligations.
I am completely amazed that the active police officers seem so unconcerned with these actions. You do know that Emanuel is coming after your pension next, don't you? Divide and conquer is his method.
Is there a way to obtain a listing of how legislators voted on SB1922 and publish the vote record for all to see?
What the fuck are the Trustees of these pensions doing? What is the job of the trustee? Maybe we should be suing them for not watching the hen house?
I hate to tell you but this was all planned !!!!! This is how it works .....
Rahm: I'm gonna raise taxes and fuck the citizens of Chicago again !!!!!!!!
Mayors office : ( ring ring, ring ring ) hello , mayors office !!!
Quinn : hi it's governor Quinn can I speak to lucifer ?
Mayors office : hold please !!
Rahm : hello this is the prince of darkness
Quinn : hey, your evil highness !!! it's Quinn !!!! Listen your whole tax thing I'm gonna come on tv and thro you under the bus ,okay? But in return I'll approve the whole thing but I gotta make myself look good for re election purposes ,you no what I mean ?
Rahm : lmao !!!! If they only knew how we work !!!! Well no problem Quinn And thax for the heads up so I can play it out in front of the media and the citizens boy we are gonna really fool em with this one ahahahahah and you know what's even funnier Quinn ?
Quinn : ahahahahah. Oh oh my stomach hurts !!! , no !! What's funnier ????
Rahm : my wife Amy has our house listed as the headquarters of some bullshit non for profit ahahahahah we don't pay property taxes ahahahahahahahahahahahahahahaha
You know very well that Quinn & Emanuel are going to make some sort of deal that won't be beneficial to us.
Without the Rahmfather's blessing, Quinn won't be re-elected, and Rauner the Rino will be our next governor.
Every city worker that worked one year over the required time for a full pension should file a law suit for a refund i.
Worked 33 and full police pension requires 29 and a day , city owes you 4 years + interest on your contribution.
Gold braid should be removed , return $ contributed back and adjust pensions . That would save millions , some exempts were patrolman , sergeant , lieutenant , most captains should only receive lieutenant because chain / xo is an appointed rank.
NICE THEATRICS.
As they take turns in the barrel.
But many of us know what goes on behind the curtain.
This is designed to create the feeling that the pension losers have won something -- because Rahn didn't get everything he wanted.
Feel better? It's all fair now.hahaha.
They'll abide by the new law, just like they did the old law.
I call it "Just The Tip" legislation.
Anonymous said...
pension is going to go belly up if we don't bend.
4/09/2014 04:09:00 AM
Once the city deposits the "balloon payment" that's been mandated, then and only then should there be talks of bending!
Let them show good faith by making that payment After all, they created this problem, not us.
Residency!!!
Imagine being retired,forced to live in the city while employed,then collecting a pension,taxes doubling,basically it is taking the pension back,after giving it to you, Oh this will be challenged in court,but in the mean time how about paying the debt already ordered by the court,this is manipulation of funds to the highest degree!
If the pension go belly up,some people should also be going to jail,money disappearing is a theft!
We are one?
Pension reform is a a top priority to Rahm- If he insists on reforming the pension, then one would think to get SOME police and fire on board he would have to make a significant concession to us... Could be residency, a private school cost exemption or large allowance for our children educational expense (just two examples, I'm sure there are many more ideas). Bottom line, we work hard and deserve what we were promised. The mismanagement of funds should not fall on us when we have paid our part consistently month after month, year after year.
Sadly to say the tax payers are on the hook for the pensions. They keep voting for these thieving politicians. I would hope the voters start seeing that there are consequences to their poor choices come election time. Even more sadly to say the voters won't and will continue to elect the thieves.
Pension reform is a a top priority to Rahm- If he insists on reforming the pension, then one would think to get SOME police and fire on board he would have to make a significant concession to us... Could be residency, a private school cost exemption or large allowance for our children educational expense (just two examples, I'm sure there are many more ideas). Bottom line, we work hard and deserve what we were promised. The mismanagement of funds should not fall on us when we have paid our part consistently month after month, year after year.
One would think,unfortunately you are the only one thinking this. He's not offering anything, hes taking.
Every city worker that worked one year over the required time for a full pension should file a law suit for a refund i.
Worked 33 and full police pension requires 29 and a day , city owes you 4 years + interest on your contribution.
Who told you that? You dont get anything for working over 29 and a day. No one is forcing you to do it. Just retire at 29 and a day. Also remember its the last 4 years so your would lose those last 4 years and would only retire at the 4 years at the 25 year rate.
Anonymous said...
Is there a way to obtain a listing of how legislators voted on SB1922 and publish the vote record for all to see?
4/09/2014 08:43:00 AM
All YOU have to do is leave this site and google either the bill or the Illinois general assembly and on the website it will give YOU the roll call. Its all public information. Good luck.
New hires? That's YOUR problem if you sign up with CPD and get no pension.... the rest of us will receive what is owed, in it's entirety unless we have to sue our own union for stabbing us in the back.
Got it Dean?
New hires are presently covered under SB3538 that was passed Jan1,2011. Thats the benefits they receive. Biggest change was they go to the last 8 years for pension purposes instead of the last 4 years
To the individual who wrote about " contracts". Just look at the bondholders of GM and Chrysler ( the former ones) and then tell me contract law was followed. They took over an 80% haircut and they were first in line. So much for the constitution, contract law and soon to be Illinois constitutional interpretation of " diminished benefits".
Here is a big clue. It is not legit. The constitution, laws and the like are completely meaningless.
O.T. CFD has reached a contract agreement with city hall. Can't wait to see what they have given up for a 2% raise.
does Rahm know anything about a pension?.....what's it like to work 25, 30, 35 years, at a job, contributing to a pension system, then having a corrupt and intellectually defunct political system say that "they" can solve the problem, because years and years of (Democratic) failures to fund the pensions, needs now for a new solution......are they kidding?........is there a need for new political leaders?.......
Pensions went out of style over a decade ago. They are so obsolete and costly. 401Ks and IRA are the best alternative. It is time for expensive pensions to die.
I could not agree more in spite of having a pension. They need to stop with pensions now. Finish off with the people in the system and let new people have the 401K plans.
Is there a way to obtain a listing of how legislators voted on SB1922 and publish the vote record for all to see?
Yes it's online.
http://www.weareonechicago.org/news/unions-urge-gov-quinn-to-veto-pension-theft-legislation
You can see the way they voted here.
" Contract law"-- you have got to be joking. Look what happened to the GM and Chrysler bondholders( probably some in our pension) , they received haircuts of over 80% when according to contract law they were first in line for the assets. What happened? The Pols got involved and the UAW got want they wanted irregardless of the "law". Why-- BHO supporters. Constitution? - another joke- equal rights under the law-- sure.
I posted this earlier
Big Clue-- It is not legit. When the deal comes for the pensions-- it will be upheld by the politically appointed judges.
The other unions cut their deal. Now the Fire Department has a contracting pending. Who is left holding the bag-- Police.
The casino will come AFTER pension "reform "
Anonymous Anonymous said...
Pensions went out of style over a decade ago. They are so obsolete and costly. 401Ks and IRA are the best alternative. It is time for expensive pensions to die.
4/09/2014 07:44:00 AM
Rahm's got you city hall interns working overtime on this, doesn't he? Get off the blog.
I wanna see Quinn bitch slap Rahm again.
" Contract law"-- you have got to be joking.
*******
This ain't Federal Bankrupcty court buddy. You need to understand the limitations of circuit, appellate and supreme courts.
Learn the interpretation of federal obligations of contract and how it applies. Learn the well vetted meaning of the PPC. Read appellate and supreme court decisions regarding this very same issue.
The supreme court doesn't have the authority to violate the constitution for the state's excuse of crying poor. Many cases have already been scrutinized and this point is clear.... the state cannot abridge contracts because it cries poor boy. Both federal and state law which has NOT been changed clearly prove this fact.
And Federal law protects against the state changing or altering contracts based on 4 criteria, the last two of which have also been well vetted that prove crying poor boy doesn't justify ANY diminution of contracts held by the state, both retroactively and proactively.
You keep crying how it's all just terrible... matter of fact why don't you just go tell Emanuel you'll give him back 4% of your salary because he's right and the rest of the state and federal government are wrong and that politics wins out over legal interpretation of state and federal law.
This shit's been tried repeatedly in Illinois junior.... and it loses every time.
They sell the Property Tax increase as five $50mil increases = $250mil. That is NOT true. It truly is a $750mil increase to taxpayers over those five years due to compounding.
Year 1 = $50mil
Year 2 = last years $50 mil PLUS new $50mil =$100mil
Year 3 = last years $100 mil PLUS new $50mil = $150mil
Year 4 = last years $150 mil PLUS new $50mil = $200mil
Year 5 = last years $200 mil PLUS new $50mil = $250mil
Add it up and the property tax is $750mil over first five years.
Finish off with the people in the system and let new people have the 401K plans.
4/09/2014 06:34:00 PM
and another one heard from who doesn't understand how the game works.
Neither Chicago NOR the state can afford a 401k program in lieu of a pension program.
401k's are federally regulated and as such, there's no legal avenue for the state to refuse to fund their share or promise to make it up later or even pay late. In a 401k payments are mandated to be paid ON TIME, without the ability to draft new excuses as to why they're not gonna pay or that their share is funded by market gains that year.
401k will NEVER happen in this state unless there is NO funding from the state employer.
And exactly who's gonna work for shithole money with ZERO retirement other than what they put into it themselves?
The casino will come AFTER pension "reform" thanks for the legislative report Donahue. Glad you are still alive.
Fire contract settled....11% over 5 years!
Quinn the Potatoheaded Democrat (Communist) is only interested in 4 things:
Eating. (Fat-Lazy Pig)
Sleeping
Stealing
Getting Corn-Holed
Thats Quinn in a nutshell. Even the Late Mayor Harold Washington had this guy pegged as a brainless-freeloading, lazy Goofball.
"...no matter what happens, once again, property owners are going to be screwed."
Don't forget that city employees are screwed on both ends; they'll pay more into their pensions AND take the property tax hit because they're forced to live in Chicago.
rb
And somebody has to "reside" in Chicago for one year before running for elective office. It's the law right? Surely the SCOIL would recognize and uphold the law. Not!
Pensions went out of style over a decade ago. They are so obsolete and costly. 401Ks and IRA are the best alternative. It is time for expensive pensions to die.
I could not agree more in spite of having a pension. They need to stop with pensions now. Finish off with the people in the system and let new people have the 401K plans.
4/09/2014 06:34:00 PM
A 401k only benefits Wall Street, not you. Get a clue.
Pensions went out of style over a decade ago. They are so obsolete and costly. 401Ks and IRA are the best alternative. It is time for expensive pensions to die.
I could not agree more in spite of having a pension. They need to stop with pensions now. Finish off with the people in the system and let new people have the 401K plans.
4/09/2014 06:34:00 PM
A 401k only benefits Wall Street, not you. Get a clue.
401K is not anywhere near what a pension is. If when you are ready or forced to retire and the market goes south, you could have anywhere from 30 to 50% less in your 401 when you need the money. Cant make it back when you are drawing the money out.
City would never go for that idea because the only way to make a 401k good is to have the city put in their share. They havent done it with the pension and they sure wont be putting in monthly 401 matching funds every month. Thats just a dream
and another one heard from who doesn't understand how the game works.
Neither Chicago NOR the state can afford a 401k program in lieu of a pension program.
401k's are federally regulated and as such, there's no legal avenue for the state to refuse to fund their share or promise to make it up later or even pay late. In a 401k payments are mandated to be paid ON TIME, without the ability to draft new excuses as to why they're not gonna pay or that their share is funded by market gains that year.
401k will NEVER happen in this state unless there is NO funding from the state employer.
You last statement says it all. With NO funding from the city, a 401 is a loser.
Putting away 6 or 7,000 a year isn't going to get you a pension like ours.
NeSome, more than most DEMOC-Rats are so thirsty for money right now because there trying to put all the billions they stole from the city, the Federal grants, tax payers and the dead. They are stealing from Peter to pay Paul and in a record timeline a hurry because the Feds are on to then. Yeah shure Dorothy clerks office 732K embezzled and you get a free 100k home..Rahm you didn't know bout 180M MILLION stolen on Charters neither did Quinocchio.... New Sheriff in town Guys!.. hold on tight the Feds are Watching.. Karen attorney at CTA please be clear when the Feds ask you about what some employees did under your watch and did not report it! You still have time to come clean. Who cares if there related to big politicians there going down too. With this I leave God Bless America. I pray it never becomes Cartel Central Mexico.
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