The following is posted on the Illinois General Assembly website and is the full text of HJRCA0038, a joint resolution to introduce a constitutional amendment to the Illinois State Constitution affecting public pensions:
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0038
Introduced , by Rep. Deanne M. Mazzochi
SYNOPSIS AS INTRODUCED:
ILCON Art. XIII, Sec. 5
Proposes to amend the General Provisions Article of the Illinois Constitution. In a provision that specifies that 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, limits the benefits that are not subject to diminishment or impairment to accrued and payable benefits. Provides that nothing in the provision or in any other provision of the Illinois Constitution shall be construed to limit the power of the General Assembly to make changes to future benefit accruals or benefits not yet payable, including for existing members of any public pension or public retirement system. Effective upon being declared adopted.
LRB101 19149 RPS 68612 e
HC0038 LRB101 19149 RPS 68612 e
1 HOUSE JOINT RESOLUTION
2 CONSTITUTIONAL AMENDMENT
3 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
4 HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5 SENATE CONCURRING HEREIN, that there shall be submitted to the
6 electors of the State for adoption or rejection at the general
7 election next occurring at least 6 months after the adoption of
8 this resolution a proposition to amend Section 5 of Article
9 XIII of the Illinois Constitution as follows:
10 ARTICLE XIII
11 GENERAL PROVISIONS
12 (ILCON Art. XIII, Sec. 5)
13 SECTION 5. PENSION AND RETIREMENT RIGHTS
14 Membership in any pension or retirement system of the
15 State, any unit of local government or school district, or any
16 agency or instrumentality thereof, shall be an enforceable
17 contractual relationship, the accrued and payable benefits of
18 which shall not be diminished or impaired. Nothing in this
19 Section or in any other provision of this Constitution shall be
20 construed to limit the power of the General Assembly to make
21 changes to future benefit accruals or benefits not yet payable,
22 including for existing members of any public pension or public
23 retirement system.
HC0038 – 2 – LRB101 19149 RPS 68612 e
1 (Source: Illinois Constitution.)
2 SCHEDULE
3 This Constitutional Amendment takes effect upon being
4 declared adopted in accordance with Section 7 of the Illinois
5 Constitutional Amendment Act.