HJ0082 101ST GENERAL ASSEMBLY

HJ0082 LRB101 13333 MST 62176 r

HOUSE JOINT RESOLUTION

WHEREAS, Illinois law provides that members of the General Assembly will receive automatic cost of living pay increases every year unless the General Assembly votes to reject those pay raises; and

WHEREAS, Pay for legislators was frozen from 2009 through 2016; and

WHEREAS, Two former lawmakers filed a lawsuit demanding back pay for lost wages during the time legislative pay was frozen; and

WHEREAS, Their lawsuit also demanded backpay for furlough days the General Assembly voluntarily accepted during one of the worst financial crises the State has experienced to date; and

WHEREAS, A Cook County judge has ruled that the pay freeze from 2009 through 2016 is unconstitutional; and

WHEREAS, We support the efforts of the Illinois Comptroller and the Illinois Attorney General to appeal this court decision; and

WHEREAS, Pending the outcome of further legal action through the appeals process, lawmakers who were active members of the Illinois General Assembly from 2009 through 2016 may be in line to receive upwards of $13 million in backpay from the State of Illinois; and

WHEREAS, The State of Illinois may also be forced to pay substantial interest penalties on the backpay depending on the final outcome of the appeals process; and

WHEREAS, The backpay would substantially increase retirement benefits for legislators as any legislator retiring in 2020 at age 60 would receive more than $375,000 in additional pension benefits during the course of his or her retirement if his or her base salary is increased to $81,700; and

WHEREAS, Article II, Section 1 of the Illinois Constitution states: "The legislative, executive and judicial branches are separate. No branch shall exercise powers properly belonging to another."; and

WHEREAS, The legislative branch of government is a separate branch of government and can decide for itself whether to accept or reject pay raises; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that as a separate and co-equal branch of Illinois government along with the executive and judicial branches, we, as members of the Illinois General Assembly, have the authority to decide our own pay; and be it further

RESOLVED, That we reject all backpay and all compensation for furlough days taken from 2009 through 2016; and be it further

RESOLVED, That suitable copies of this resolution be delivered to all Illinois constitutional officers, the Speaker and Minority Leader of the Illinois House of Representatives, and the President and Minority Leader of the Illinois Senate.