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My letter to Patti Bellock, Illinois State Representative

July 30, 2014

My state representative for the 47th district is a lady named Patti Bellock. She seems to be a nice lady, and she’s been in the position for quite some time. She is at least nominally a Republican for certain values of Republican. However, she recently sent out an email to her constituents that included these two paragraphs:

Illinois Supreme Court Decision on Retiree Healthcare

In a 6-to-1 decision on July 3 in the case of Kanerva v. Weems, the Illinois Supreme Court ruled that health care benefits for retired public employees are protected under the pension clause in the state constitution, which says public worker benefits “shall not be diminished or impaired.” The ruling came in response to a class-action legal challenge to a 2012 Illinois law that gave the state the right to require retired state employees to begin contributing to their own health care costs in a manner commensurate with their ability to pay. 

This ruling will definitely impact putting Illinois back on the path of fiscal stability.  We will continue to keep you informed as developments occur.

I got a little steamed. She put this entire email out for two paragraphs of incomplete and slanted information. So here is what I sent to her:

Ms. Bellock – In your recent email newsletter you discussed the Illinois Supreme Court ruling on Kanerva v. Weems. I hope you did not mean what I think you meant when you stated, “This ruling will definitely impact putting Illinois back on the path of fiscal stability.”

It seems to me that statement implies that “fiscal stability” is sufficient reason for violation of the Illinois State Constitution. My concerns about all of the ways the legislature has addressed the “crisis” have to do with the fact that the public employees retirement systems are set up in the Illinois Constitution. Making significant changes would require an amendment to the Constitution, not just legislation.

I am a retired public school teacher from Hinsdale District 86. I pay ALL of my own medical insurance, although I am nominally included in the group through the district. The implication in your email was that this affected all public employees, when it certainly did not. Putting out an email to let your constituents know about the ruling is one thing, but to then cover it in two short paragraphs seems a waste of time at best and an attempt to affect public opinion without telling the whole story at worst.

Unfortunately, using terms like “in a manner commensurate with their ability to pay” sounds like liberal-speak nowadays. It is not a direction I expected you to take.

I hope you and your colleagues will look at the “fiscal crisis” as something that needs to be corrected through more frugal spending practices, while keeping in mind that legislation in violation of the Constitution is no more legal in Springfield than it is in Washington, D.C. The public employees retirement systems have been systematically (and illegally) plundered by the state government on many occasions over the past four decades, and that created this “crisis” as much as the rampant overspending – it should not be corrected by even more attempts to circumvent the Constitution. Thank you for your attention.

Remember, the entire “fiscal crisis” in Illinois started after the economy took a dive in ’09. The state legislature had been “borrowing” from the retirement funds since at least the early 80s. The investments in the funds were well-managed and they were paying well enough to stay ahead of the theft and still make the retirement payouts. This time, the State went to the same cupboards and found that they were finally at a point where they couldn’t steal any more without breaking the bank. So it was now a fiscal crisis and the retirees were at fault because of their excessive retirement plans – which nobody complained about at the time.

Unlike most states, the setup of the public employees retirement systems were decreed in the 1970 Illinois State Constitution, not created by legislation. Therefore, the state can’t just screw with the systems without problems like Kanerva v. Weems. They are trying all kinds of sleight of hand, like telling the local school districts they have to pony up more money. That was met with a resounding “screw you guys and the horses you rode in on.” There is a new law in place, but it’s been challenged and will no doubt end up going to the Supreme Court for review as well.

If you are a union official and you steal from a pension fund, like the Teamsters, you go to prison. If you are a state senator and/or representative in Illinois, and you steal from the public employees’ retirement funds, it’s “sound fiscal management.” Bah. And while Governor Quinn is an incompetent boob, Bruce Rauner, who is running against him, seems the type to throw the Constitution out just because he’s going to “shake up Springfield.” Double bah.

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