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Protect Accrued and Payable Pension and Retirement Benefits

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HJRCA 21 resolves by the Illinois House of Representatives, with the concurrence of the Illinois Senate, that there must be submitted to the electors of the state for adoption or rejection at the general election next occurring at least six months after adoption of the resolution a proposition to amend Article XIII, Section 5 of the Illinois Constitution to only protect accrued and payable pension and retirement benefits.

Specifically, HJRCA 21 amends Article XIII, Section 5 of the Illinois Constitution to provide 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, must be an enforceable contractual relationship, the accrued and payable benefits of which must not be diminished or impaired. HJRCA 21 further establishes that nothing in Article XIII, Section 5 of the Illinois Constitution limits 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.

Article XIII, Section 5 of the Illinois Constitution currently provides 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, must be an enforceable contractual relationship, the benefits of which must not be diminished or impaired. HJRCA 21 would limit this protection to benefits that are already accrued and payable under the public pension systems and public retirement systems.

HJRCA 21 takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.

HJRCA 21 is identical to SJRCA 9 of the 101st General Assembly.

Sponsor: 
Representative Deanne M. Mazzochi