People ex rel. Sklodowski v. State of Illinois
Case Date: 11/26/1996
Court: 1st District Appellate
Docket No: 1-93-2951
Nos. 1--93--2951) 1--93--3171) 1--93--3172) 1--93--3173)(Cons.) PEOPLE ex rel. ROBERT SKLODOWSKI, ) Appeal from the THOMAS HANAHAN, SANDEE HANAHAN, ) Circuit Court of SUSAN LILLIS, ROBERT NEGRONIDA, ) Cook County. and MARK D. WARDEN, ) ) Plaintiffs-Appellants, ) ) v. ) ) THE STATE OF ILLINOIS, JIM EDGAR, ) Governor, PHILIP P. ROCK, President of ) the Senate, MICHAEL J. MADIGAN, Speaker ) of the House of Representatives, DAWN ) CLARK NETSCH, Comptroller of the State ) of Illinois, and PATRICK QUINN, ) Treasurer of the State of Illinois, ) ) Defendants and Counterdefendants- ) Appellees, ) ) and ) ) THE JUDGES' RETIREMENT SYSTEM OF ) ILLINOIS, THE STATE EMPLOYEES' ) RETIREMENT SYSTEM OF ILLINOIS, THE ) STATE UNIVERSITIES RETIREMENT SYSTEM, ) THE TEACHERS' RETIREMENT SYSTEM OF THE ) STATE OF ILLINOIS, THE GENERAL ASSEMBLY ) RETIREMENT SYSTEM, and the TRUSTEES OF ) EACH FUND, ) ) Nominal Defendants and ) Counterplaintiffs-Appellants. ) __________________________________________) ) THE ILLINOIS RETIRED TEACHERS ) ASSOCIATION, ) ) Intervenor-Appellant, ) ) v. ) ) THE STATE OF ILLINOIS, JIM EDGAR, ) Governor, PHILIP P. ROCK, President of ) the Senate, MICHAEL J. MADIGAN, Speaker ) of the House of Representatives, DAWN ) CLARK NETSCH, Comptroller of the State ) of Illinois, and PATRICK QUINN, ) Treasurer of the State of Illinois, ) The Honorable ) Lester D. Foreman, Defendants-Appellees. ) Judge Presiding. JUSTICE BURKE delivered the modified opinion of the court upon denial of partial rehearing: This case involves an action based on an alleged failure to contribute to, and on the alleged impairment of, retirement pension benefits and contractual rights by the State of Illinois and certain State officials. Plaintiffs Robert Sklodowski, Thomas Hanahan, Sandee Hanahan, Susan Lillis, Robert Negronida and Mark D. Warden, counterplaintiffs, the State Employees' Retirement System (SERS), the State Universities' Retirement System (SURS), the Teachers' Retirement System of the State of Illinois (TRS) (retirement systems), and intervenor, the Illinois Retired Teachers Association (intervenor) appeal from an order of the circuit court dismissing plaintiffs' second amended complaint, counterplaintiffs SURS' and TRS' amended counterclaim, counterplaintiff SERS' counterclaim and intervenor's complaint for a writ of mandamus against defendants, the State of Illinois and its officials, Jim Edgar (Governor), Philip Rock (President of the Senate), Michael Madigan (Speaker of the House of Representatives), Dawn Clark Netsch (Comptroller) and Patrick Quinn (Treasurer) based on the separation of powers doctrine. On appeal, plaintiffs, counterplaintiffs and intervenor argue that (1) the constitutional separation of powers doctrine does not prevent the judiciary from ordering State officials to perform nondiscretionary duties; (2) they have a contractual interest under the State constitution in the financial integrity of the State retirement systems; and (3) the federal and State contracts clauses prohibit impairment of pension contract rights. Counterplaintiffs SERS, SURS and TRS also contend that the constitutional legislative supremacy clause does not prohibit their claims. Plaintiffs also contend that their second amended complaint stated (1) a valid claim against defendants for breach of fiduciary duty and (2) a viable claim for a civil rights violation. For the reasons set forth below, we affirm in part and reverse in part. In 1963, the State of Illinois created five retirement systems: SERS, SURS, TRS, the General Assembly Retirement System, and the Judges Retirement System of Illinois. Each retirement system is governed by a separate section of the Illinois Pension Code (Pension Code) (40 ILCS 5/1--101 et seq. (West 1993)). In 1989, Illinois Public Act 86-273, effective August 23, 1989, added the following language to sections 2--124, 14--131(f), 15--155(a), 16--158(b) and 18--131(2) of the Pension Code (Ill. Rev. Stat. 1991, ch. 108 |