With more than 270 lodges in Illinois, Troopers Lodge #41 Fraternal Order of Police is the second largest representing approximately 3,150 sworn and retired troopers.
The Lodge is the voice of those who have dedicated their lives to protecting and serving the many citizens of Illinois.
Troopers Lodge #41 is dedicated to improving the working conditions of the men and women of the Illinois State Police through legislation and employee representation.
COURT RULES RETIREES CAN STOP PAYING HEALTH INSURANCE PREMIUMS
On August 28, 2014, Sangamon County Judge Steven Nardulli granted the Plaintiff's request to prevent the State from deducting insurance premiums from retired state employee pension checks. This ruling applies to those retirees who previously received free health insurance with +20 years of service. Yesterday's ruling prohibits the State from deducting insurance premiums that were originally instituted in July of 2013. Due to time constraints, reductions will be effective with the October pension check.
The Court's injunction follows the previous announcement from CMS that the State would not collect the additional premium increases that became effective with the July 2014 increase. Yesterday's ruling prohibits the State from deducting remaining premiums that were originally instituted in July of 2013.
The manner in which retirees will receive refunds for previous premiums paid has not been resolved. Another hearing is scheduled November 21, 2014 to discuss the repayment process and other related issues. All State Police retirees are among a group of retirees whose premium payments were paid into an escrow fund.
The Lodge will keep you updated as events transpire. The additional information can be found at http://www.sj-r.com/article/20140828/NEWS/140829448
STATE HAS TO PAY-UP
SUPREME COURT SIDES WITH RETIREES
REGARDING HEALTH INSURANCE PREMIUMS
The majority has held that “the State’s provision of health insurance premium subsidies for retirees is a benefit of membership in a pension or retirement system within the meaning of article XIII, section 5, of the Illinois Constitution” and, as a result, these subsidies are constitutionally protected from any diminishment or impairment. Four groups of plaintiffs filed separate cases which were consolidated and argued in Sangamon County.
The complaint filed by the FOP and We Are One in, Bauer v. Weems challenged the constitutional offense as well as on the ground that it constitutes an impermissible impairment of contract in violation of the contracts clause (Ill. Const. 1970, art. I, § 16). The Bauer v. Weems plaintiffs allege that the service-based schedule of graduated premium percentages, established by section 10 of the Group Insurance Act, is a form of deferred compensation and that the terms of the collective bargaining agreements, which incorporated that service-based schedule, created an enforceable contractual right to collect this deferred compensation upon their retirement. The Bauer v. Weems plaintiffs further assert that requiring contributions in excess of those required under the service-based graduated schedule, as provided in the collective bargaining agreements, constitutes a breach of contract under common-law principles, for which they are entitled to an award of damages.
Plaintiffs include members of the State Employees’ Retirement System (SERS), the State Universities Retirement System (SURS), and the Teachers’ Retirement System of the State of Illinois (TRS), which are the three state retirement systems that are affected by Public Act 97-695.
THIS GIVES GREAT REASON TO BELIEVE THE CASE OVER SB 1 WILL HAVE A SIMILAR HOLDING
Director of Governmental Affairs
Illinois Fraternal Order of Police State Lodge
The Illinois Supreme Court has reversed
and remanded the SB 1313 decision.
Click link below to read the complete decision.
Illinois Supreme Court Health Care Decision
Troopers Lodge #41 mourns the passing of past Lodge President
Gerald (Jerry) Gorski
Gerald (Jerry) Gorski, age 81, of Oregon, Illinois, formerly of Geneva, son of late William and Marie (Hankus), devoted husband of Diane (Vainowski), loving father of Donna Gorski of De Kalb, Geri Gorski of Aurora and John (Martha Peterson) of St. Johns, Florida, proud grandfather of Jack and Lauren of Florida, and brother of the late Robert (Dolores Koron), passed away peacefully at Serenity Hospice in Oregon on June 16, 2014. He attended Mt. Carmel High School in Chicago, where he received a music scholarship, then transferred to Harper High School where he played varsity basketball and baseball. On weekends he played drums in a band. Upon graduation in 1950 he served in the Navy during the Korean War. In 1954 he married his wife of 60 years, moved to Geneva and joined the Illinois State Police. After serving 30 years with The Illinois State Police, he spent many years promoting the brotherhood and rights of policemen. He was elected president of Troopers Lodge 41. He was then elected president of the Illinois State Fraternal Order of Police and served as National FOP Trustee for 14 years and a bailiff in Kane County. He was a member of Moose Lodge 1551, Mt. Morris. He was an avid fisherman, traveling to Canada yearly since the age of 15. He played basketball, baseball, and softball for many years with the Venetian Café team in Geneva. He enjoyed sports, especially the Chicago White Sox. A celebration of his life will be held from 3:00-6:00 on Sunday, July 27 at St. Charles Moose, 2250 West Rt. 38, St. Charles, IL. Memorials may be made to Serenity Hospice & Home, 1658 So. IL Rt. 2, Oregon, IL, 61061. Arrangements were made by Farrell-Holland-Gale Funeral Home, Oregon.
A 7th Judicial Circuit Court Judge issued a temporary restraining order blocking the implementation of the new state pension law until a lawsuit disputing the challenges is heard. The ruling prevents the State from implementing any changes to the SERS pension rules which were legislatively approved in December 2013.
Sangamon County Judge John Belz issued the ruling today.
Five different lawsuits have been filed all trying to have the reform bill passed in December declared unconstitutional. A judge has ordered that all of the cases be combined as one and heard in Sangamon County.
Click link below for news article
Today, the We Are One Illinois union coalition and plaintiffs filed a motion for injunctive relief in Sangamon County Circuit Court.
The motion seeks to stop the implementation of pension theft legislation, Senate Bill 1 (also now called Public Act 98-599), by seeking a temporary restraining order and preliminary injunction until a final resolution on the bill’s merits is reached.
The pension theft bill, SB 1, makes unfair, unconstitutional cuts to the pensions of working and retired members of the Teachers' Retirement System, State Employees' Retirement System, and State Universities Retirement System. It reduces the value of retirement benefits by one-third or more through slashing cost-of-living adjustments. It also hikes retirement ages by up to five years, undermines defined-benefit systems by expanding 401(k)'s, and caps the amount of salary that earns a pension.
You can view the injuction by going to our website at: www.weareoneillinois.org
In coming days, the court will decide whether to grant the injunction to stop pension-slashing SB 1 from taking effect.
Michael T. Carrigan, president of the Illinois AFL-CIO, made the following statement to the media explaining why an injunction is critical:
“The pension theft bill must not be implemented before the courts have ruled. The fair and proper thing to do is not to allow this legislation to cause any damage until the courts have spoken on its constitutionality. Otherwise, teachers, first responders, nurses, and other state and university employees and retirees will be irreparably harmed. People are being forced to make irrevocable, life-altering retirement decisions. Yet they face these decisions in an uncertain economic environment while awaiting a court ruling. The pension theft bill should -- and, we believe, will -- be overturned, but the decision to retire cannot be undone. A complete stay of the bill's implementation is necessary to avoid irreparably harming active and retired teachers and state and university employees.”
In addition to our injunctive efforts, our coalition will continue to seek to overturn SB 1 through our lawsuit challenging the constitutionality of the bill. You can view the text of the original lawsuit on our website.
Please continue to regularly monitor our website and Facebook page for updates.
- We Are One Illinois
Bulletproof Vest Partnership Grant Reauthorization Act
Please click below for information from National FOP President Chuck Canterbury concerning this important bill.
CADET TRANSFER NOTIFICATION
CLICK HERE FOR LETTER FROM DIRECTOR
Attention FOP Members and supporters of law enforcement:
As you are aware, the National Fraternal Order of Police opposes the confirmation of Debo Adegbile as the next Assistant Attorney General to head the Civil Rights Division of the U.S. Department of Justice. See the FOP’s letter to President Obama in opposition of this appointment here: http://www.fop.net/publications/archives/letters/2014_0106.pdf.
Philadelphia Lodge #5 has issued a CALL TO ACTION and ask that you consider signing the online petition at www.change.org(or use the link listed below).
Please join your brothers and sisters in public safety and like-minded civilians to let the United States Senate know that we do not want Debo Adegbile to be the next Assistant Attorney General of the United States Department of Justice.
It is easy to do and will take less than a minute. Click on the following link to sign the petition:
The vote is Wednesday (March 5, 2014). Do it now and please encourage others to sign the petition as well.
At some point there may be Justice for slain police officer Danny Faulkner.Let’s get it started right now.
As many of you know, on January 27 th at 9:10 pm, Tpr. Doug Balder #5899 and Tollway maintenance worker Vincenzo “Enzo” Petrella were on I-88 near Aurora assisting a disabled truck in the right lane of traffic when they were struck from the rear by a Truck Tractor Semi-trailer hauling metal coils. Tpr. Balder was severely injured and burned over approximately 15% of his body when his car burst into flames. He remains in a state of medical sleep at Loyola Hospital. Vincenzo Petrella died at the scene. Vincenzo leaves behind a wife and two children, ages 4 and 7. Doug also has a wife and two children, ages 3 and 8.
If you wish to donate to Doug's family, an account has been set up through the ISP Credit Union under: TROOPER DOUGLAS BALDER BENEFIT
If you have an account with the Credit Union, you can transfer money from your account into the benefit account, or send a check to 730 Engineering Ave, Springfield, Il 62703.
If you wish to donate to Vincenzo's family, an account (Vincenzo “Enzo” Memorial Trust) has been set up through Chase Bank. Donations may be sent to any Chase Bank branch. It is requested that you include the account #3020146931 with the donation.
PENSION REFORM UPDATE
Good Evening Brothers and Sisters,
This afternoon the Illinois General Assembly met and passed unfair and unconstitutional pension reform. It was a fairly close vote in both the House and the Senate but ultimately Speaker Madigan was able to pass this Pension Theft Legislation thru. The Lodge worked tirelessly to oppose this Legislation but in the end our hardworking efforts were unsuccessful. Make no mistake the constitutionality of this unfair legislation will be challenged. Troopers Lodge 41 will be meeting and coordinating with other major public employee unions in the coming days to develop and proceed with litigation.
Below you will find links to the vote sheets from today's vote in the House and Senate. With these vote sheets we can clearly see who our true supporters are. I hope you will keep the yes votes in mind with the coming elections. If you have any questions feel free to contact the Lodge Office.
Illinois Troopers Lodge # 41
FOR AN EXPLANATION OF THE PROPOSED PENSION PLAN, CLICK HERE.
TO CALL YOUR LEGISLATORS, PLEASE CALL 1-888-412-6570.
NOW IS THE TIME TO ACT!!!!
It’s official. The four legislative leaders have announced a deal to cut public employee and retiree pensions. All lawmakers will return to Springfield tomorrow – Tuesday, December 3 – to vote on the leaders’ extreme scheme.
That’s why you have to act TODAY.
Backroom deals don’t always hold up in the light of day – and that’s where you come in. We’ve got to make sure lawmakers hear from us before they vote – and that they know just how strongly we feel. Take these actions NOW:
1) Call our hotline toll-free today and tomorrow. Just dial 888-412-6570 or click-to-call. Tell your lawmakers to oppose the leaders’ pension-cutting deal.
2) Follow up your phone call with an e-mail by clicking here. Don’t let your legislators get away with saying they didn’t know how strongly you felt.
3) If you use social media like Facebook and Twitter, join our ThunderClap to spread our message tonight: Don’t steal the life-savings of public employees and retirees!
You may have already contacted your legislators many times before. But you need to do it again – don’t wait.
Also, our website has several new features to help inform you. We have a summary of the leaders’ extreme scheme (as provided by legislative staff to the media and lawmakers). We also have fact sheets that explain our opposition to this pension-cutting scheme and why it’s just like the pension-slashing mega-bill (Senate Bill 1) that we defeated this spring. Lastly, we have posted a spreadsheet tool you can use to make a rough estimate of how the leaders’ COLA cut will affect your pension. Please visit our website to get the latest information on how pensions could be cut if the leaders’ scheme goes forward.
Make sure you call your state senator and state representative today. Our message is clear: Vote NO on the leaders’ pension deal. Tell lawmakers not to take the life-savings of public employees and retirees. Call 888-412-6570 or click here.
Let them hear you before it’s too late.
- We Are One Illinois
Paid for by We Are One Illinois
Brothers and Sisters:
Below is a draft copy of the pension reform proposal put out by the Special Committee on Pension Review. The Lodge is adamantly opposed to this piece of legislation. We implore all members to immediately contact their legislators and request they vote NO on this unconstitutional, unfair attack on our retirement security, as well as our collective bargaining rights. This is the most drastic attack our membership has faced since the inception of this Lodge. We must act now.
Joe Moon, Secretary
Illinois Troopers Lodge #41
PENSION REFORM PROPOSAL
Here is a summary of the latest pension proposal expected to be considered by the General Assembly during our special session on Tuesday, Dec 3, 2013.
Details as of 11/29/13
Funding schedule and method for certifying contributions: Establishes an actuarially sound funding schedule to achieve 100% funding no later than the end of FY 2044. Contributions will be certified using the entry age normal actuarial cost method (EAN), which averages costs evenly over the pensioner’s employment and results in level contributions.
Supplemental contributions: The State will contribute (i) $364 million in FY 2019, (ii) $1 billion annually thereafter through 2045 or until the system reaches 100% funding, and (iii) 10% of the annual savings resulting from pension reform beginning in FY 2016 until the system reaches 100% funding. These contributions will be “pure add on,” which means State contributions in any year will not be reduced by these amounts.
Funding guarantee: If the State fails to make a pension payment or a supplemental contribution, a retirement system may file an action in the Illinois Supreme Court to compel the State to make the required pension payment and/or supplemental contribution set by law each year.
Employee contribution: Employees will contribute 1% less of their salary toward their pension.
Annual annuity adjustment (COLAs): Future COLAs will be based on a retiree’s years of service and the full CPI. The annual increase will be equal to 3% of years of service multiplied by $1,000 ($800 for those coordinated with social security). The $1000/$800 will be adjusted each year by the CPI for everyone (retirees and current employees). Those with an annuity that is less than their years of service multiplied by $1000/$800, or whatever the amount is at the time of retirement, will receive a COLA equal to 3% compounded each year until their annuity reaches that amount.
Additionally, current employees will miss annual adjustments depending on age: employees 50 or over miss 1 adjustment (year 2); 49-47 miss 3 adjustments (years 2, 4, and 6); 46-44 miss 4 adjustments (years 2, 4, 6, and 8); 43 and under miss 5 adjustments (years 2, 4, 6, 8, 10).
Pensionable salary cap: Applies the Tier II salary cap ($109,971 for 2013), which is annually adjusted by the lesser of 3% or ½ of the annual CPI-U. Salaries that currently exceed the cap or that will exceed the cap based on raises in a collective bargaining agreement would be grandfathered in.
Retirement age: For those 45 years of age or under, the retirement age will be increased on a graduated scale. For each year a member is under 46, the retirement age will be increased by 4 months (up to 5 years).
Effective rate of interest (ERI): For all purposes, the ERI for SURS and the rate of regular interest for TRS will be the interest rate paid by 30-year U.S. Treasury bonds plus 75 basis points.
GARS Tier 2 fix: Brings GARS Tier 2 salary cap and annual adjustment in line with other Tier 2 benefits.
Pension abuses: Prohibits future members of non-governmental organizations from participating in IMRF, SURS, and TRS. Prohibits new hires from using sick or vacation time toward pensionable salary or years of service (applies to SERS, SURS, TRS, IMRF, Cook County, and Chicago Teachers).
Defined contribution plan: Beginning July 1, 2015, up to 5% of Tier 1 active members have the option of joining a defined contribution plan. The plan must be revenue neutral and employee contributions will be equal to those for the defined benefit plan. If a member chooses to opt into the defined contribution plan, benefits previously accrued in the defined benefit plan will be frozen.
Collective bargaining: All pension matters, except pension pickups, are removed from collective bargaining.
Healthcare payments: Prohibits the State pension systems from using pension funds to pay healthcare costs.
Pension Emergency Call-In Days are underway today and tomorrow! Don’t wait to take action!
Call 888-412-6570 or click here to call. Call both your state representative and state senator and tell them: “Vote NO on any pension bill not supported by the We Are One Illinois union coalition.” Join thousands of Illinoisans around the state and take action now!
Politicians plan to return to Springfield starting Tuesday, December 3, to vote on another pension-gutting mega-bill. Legislative leaders are crafting new, extreme pension-theft legislation that looks to slash COLAs by one-third – among other cuts that take away the life-savings of public employees and retirees.
Fight back! Call your lawmakers today and tomorrow at 888-412-6570.Even if you’ve called many times before, call again.
And be ready to hear from your local unions and retiree chapters on our in-person, in-district Pension Emergency Legislative Actions in key areas on Monday, December 2.
Keep up the pressure – and thanks for your efforts!
- We Are One Illinois
HMS Solutions Dependent Forms Compliance Information
Many of you are unsure if you have provided all of the information required, or the correct information when completing the HMS Dependent forms.
If you are concerned that you may not have completed the HMS Dependent forms correctly, or if you want to confirm that you are in compliance, please click the link below. It will direct you to a website to get that confirmation.
Commission on Government Forecasting
and Accountability Meeting Update
There was a meeting concerning the Group Insurance Program and Medicare Advantage Program at 8:30 am Wednesday, October 23, 2013 at the Capitol. The purpose of this meeting was to obtain an update from CMS on the Group Insurance Program with specific discussion of the Medicare Advantage Program and the contract awards announced October 1, 2013. Several Lodge Officers and retirees attended this meeting. To hear the audio of the meeting, please click the link below and then click on Meeting Audio.
Illinois politicians are at it again – trying to make unfair, illegal cuts to the hard-earned retirement benefits of public employees and retirees.
This time, the special conference committee on pensions has put together a new, draft plan that cuts pensions as deeply as House Speaker Michael Madigan’s Senate Bill 1. (Remember SB 1? Click here for a refresher.) A vote on the draft plan is possible during the legislature’s fall veto session – scheduled for October 22-24 and November 5-7.
Call your state representative and senator right now and tell them to oppose the conference committee’s draft plan. It’s the same as the Speaker’s SB 1 – unfair and unconstitutional.
Click here to call or use our toll-free hotline at 888-412-6570. Be sure to speak to both your House and Senate lawmaker – we need to keep up the pressure in both chambers.
What’s in the committee’s draft plan? The same pension-slashing approach as the Speaker’s SB 1!
At this point, the plan includes:
1. The devastating Half-CPI “Diet” COLA cut.This cut replaces the 3% compounded cost-of-living adjustment (COLA) with a COLA that only keeps pace with half the inflation rate. This “Half-CPI” COLA means pensions will always lose value to inflation by design, and senior citizens won’t be able to keep up with rising living expenses. The Half-CPI COLA cuts pensions essentially as deeply as SB 1.
2. Long COLA holidays of up to five years.On top of the Half-CPI “Diet” COLA cut, the plan mandates COLA holidays of up to five years – again, similar to SB 1. These long holidays further erode pension values and harm retirement security.
3. A cap on the amount of salary that earns a pension. This cap ignores the mandatory overtime worked by many public employees, especially those with physically-demanding, high-risk professions.
These details may still change, so keep up to date by watching our website. Click on this link for more information, including our informational fact sheets on the current elements of the proposal.
Protect the hard-won retirement security of public employees and retirees across Illinois–act now.
Make two calls today – call your state representative and your state senator toll-free at 888-412-6570. Tell each of them you oppose the conference committee’s draft plan to slash pensions and any plan not supported by We Are One Illinois.
Thank you for being an active member of our coalition – today and in the past. Your efforts have stopped destructive pension legislation to this point – and we can do it again, together.
Find us on Facebook by visiting http://www.facebook.com/WeAreOneIL
Paid for by We Are One Illinois
Commission on Government Forecasting
and Accountability Meeting Update
There will be a meeting concerning the Group Insurance Program and Medicare Advantage Program at 8:30 am Wednesday, October 23, 2013 in room 400 of the Capitol. The purpose of this meeting is to obtain an update from CMS on the Group Insurance Program with specific discussion of the Medicare Advantage Program and the contract awards announced October 1, 2013.
The Lodge encourages its members to attend this very important meeting, if possible. Anyone requiring transportation from the Lodge office to the Capitol, please contact us ASAP @ 1-800-252-5634 so that transportation can be arranged.
In blow to Gov. Quinn, judge rules state lawmakers must be paid
BY JON SEIDEL Staff Reporter September 26, 2013 2:24PM
A Cook County judge decided on Thursday that Gov. Pat Quinn’s move to stop paying lawmakers was unconstitutional and ordered Illinois Comptroller Judy Baar Topinka to pay them immediately plus interest.
Cook County Judge Neil H. Cohen ruled that Quinn violated the section of the Illinois Constitution, which holds that state lawmakers’ salaries must not be changed during the term in which they were elected.
Quinn decided to withhold that pay after state lawmakers failed to solved the state’s pension crisis. Those lawmakers, in turn, sued to get their salaries.
Quinn had said he was acting on behalf of taxpayers who have seen the state take a fiscal hit as its pension crisis continues to worsen. A continued $100 billion pension liability hangs over the state, which has caused bond rating downgrades and continues to eat up the state budget.
Both Speaker Michael Madigan and Senate President John Cullerton had said Quinn’s veto set poor precedent and called it unconstitutional.
Contributing: Natasha Korecki
Policies adopted by the Illinois General Assembly have begun to slow the growth of Illinois’ unfunded pension liability.
(Chicago) – Insider: Are you sitting down? Illinois has good financial news.
Illinois’ unfunded pension liability has slowed dramatically, according to new data.
Governor Pat Quinn announced on Saturday morning that latest projection of the growth in the state’s unfunded pension liability has fallen to $5 million a day from $17 million. During the course of a full year, that amounts to a reduced liability of $4.32 billion. That’s some serious swag, folks. As late as Thursday at a legislative pension hearing, Quinn’s budget director, Jerry Stermer, kept lawmakers in the dark by still citing the $17 million figure.
Quinn credits the slowing acceleration of Illinois’ pension debt to Illinois making the full statutory payment to the pension systems every year and the enactment of a pension reform law in 2010, which created a “Tier 2” lower pension plan for new hires and not a boost from investments in a surging stock market.
“Improvement in the financial markets does not factor into the latest projection,” says Quinn’s press release. The impact of improved investment returns will be reflected when the five pension systems release data on the growth in their respective funds and their portfolio performance again in November. The daily cost of the unfunded liability growth is calculated by taking the projected amount of the growth of the shortfall in a given fiscal year among the state’s five pension systems, and dividing that number by 365. Apparently the “do nothing” Illinois General Assembly has done enough to help to turn the long-term tide of the state’s underfunded pension systems which currently totals approximately $96 billion. This will really make the heads at the Chicago Tribune editorial board at the Illinois Policy Institute explode.
Despite the good news, Quinn refused in his statement to recognize the improvement with any positive comment. In fact, the governor sought to maintain the heat on lawmakers by continuing to cast them as the villains – despite their role in appropriating the full pension payments and crafting the 2010 pension reform while Quinn sat on the sidelines – as they ponder a compromise pension solution.
“The people of Illinois are continuing to pay a steep price of $5 million a day for legislative inertia on pension reform,” Quinn said. ”We must stop this bleeding. Legislators must work around the clock to put a bill on my desk that erases the pension debt for the greater good of the people of Illinois.”
Quinn, who has produced no pension reform bill of own and who has oscillated between various other proposals, accused lawmakers in his press release of being responsible for higher borrowing costs.
“Additionally, the General Assembly’s failure to send the governor a comprehensive pension reform bill has resulted in multiple downgrades of Illinois’ credit rating, which hurts the state’s economic recovery, and just this Wednesday cost taxpayers an extra $130 million to ensure work continues on critical capital construction projects. This year alone, the lack of action has cost taxpayers $180 million in additional costs over the life of the bonds,” the press release intoned.
Nice way to make friends when you need them most.
The governor has set a deadline of July 9 for the General Assembly to act on a comprehensive pension reform bill.
In the meantime though, the Illinois General Assembly deserves some credit for a concrete improvement in an otherwise bleak pension picture because Quinn has zero intention of sharing even a crumb of credit with those who put the reforms in place.
Good job, lawmakers.
Tell the Conference Committee to Adopt SB 2404 Unchanged and Explore Alternatives to Pension Cuts!
Click link below
Illinois House of Representatives
Illinois House of Representatives
Illinois House of Representatives
Illinois House of Representatives
Illinois House of Representatives
Senate Bill 2404, Pension Reform, passed the Senate 40 - 16. Please visit Troopers Only section for more info.
This petition was started becuase many states are passing legislation that limits capacity to 7 or less rounds for everybody. An employed off duty officer was arrested in New York because his weapon held / could hold more than the 7 limit. He had to check his gun at a federal building when he went to see a friend and when they inspected his weapon they found the issue and immediately arrested him. There is no provision for retired or working LEOs to be grandfathered in with respects to a national standard or their home state standard. This petition is to make an exception for working and retired LEOs in LEOSA.
The International Association of Retired Law Enforcement Officers
May, 2, 2013
Action News Alert
Attention IARLEO Members
Help Protect Your Right To Carry Acitve-Duty Capacity Magazines
Dear IARLEO Officers and Members,
Re-print from the FLEOA Legislative Committee.
Adding to the collateral damage from the gun-control debate, certain states have opted to pass legislation that will limit the magazine carry capacity for retired law enforcement officers. Irrespective on one's views on gun control, it is entirely incomprehensible that any state would seek to weaken our honorably retired officers/agents ability to defend themselves and others. Please see the below message which calls for signatures for a petition support to amend the LEOSA Improvement Act of 2010:
In an effort to overcome ill-conceived state legislation that may limit retired officers/agents firearm carry rights, FLEOA is supporting a White House targeted petition that seeks to remedy this. The below petition calls upon the President to amend the LEOSA Improvement Act of 2010. Specifically, the petition seeks to allow retired law enforcement officers to continue carrying magazines that are commensurate to their former active-duty capacity, and not limited in size. Recent state legislation, New York State in particular, seeks to trample on the spirit of LEOSA and the true value of having honorably retired law enforcement officers continue to carry. By limiting our retired officers' magazine carry authority, certain states are projecting a potentially fatal message that 20+ years of law enforcement experience and training doesn’t matter. Our retired members should not be discarded and thrown under the Gun Control debate bus. Please review the below petition and consider signing ASAP:
The following petition was created on We the People, a new feature on WhiteHouse.gov. The petition is outlined below.
The petition needs 150 signatures within the next 10 days for it to be searchable on the White House Petition Page. Until then, you can only access it through the link below. If this petition gets 100,000 signatures by May 24, 2013, the White House will review it and respond. I believe this petition is in the best interest of all active and retired LEOs. Can you assist by spreading the message in order to obtain the needed signature for the Obama Administration to consider the petition? Send it to your family and friends. All you need is an email address and a zip code to sign the petition.
The link to the petition site ishttp://wh.gov/t5Tz
Amend the “Law Enforcement Officer Safety Act of 2004” to allow active and qualified retired law enforcement officers to utilize standard capacity magazines without restriction(s) to the number of rounds per magazine as may be limited by individual State laws.
The “Law Enforcement Officer Safety Act of 2004” (“LEOSA”, commonly referred to by members of law enforcement as “HR 218” or the “Right to Carry” law) was intended to allow active and retired law enforcement officers to carry concealed weapons nationwide without having to obtain permits from each individual state or locality.
The LEOSA was amended on October 12, 2010, by the “Law Enforcement Safety Improvement Act of 2010”and again on January 2, 2013, as amended by the “National Defense Authorization Act of 2013”.
Due to many recent significant changes in individual State laws, specifically relating to magazine ammunition capacity, an amendment to LEOSA is again needed. The amendment would allow active and qualified retired law enforcement officers the right to carry any standard capacity ammunition magazine not otherwise banned by Federal law.
The amendment will prevent prosecutions of qualified retired law enforcement officers legally carrying a weapon under LEOSA when traveling to and through States that have magazine capacity laws.
PLEASE PASS THIS ON TO YOUR FELLOW LEOs, RETIRED AND ACTIVE!!
International Association of Retired Law Enforcement Officers Inc.
The House is expected to vote TODAY
on pension-cutting SB1. Call 888-412-6570
now and tell your rep to vote NO!!
A House Committee passed pension-cutting SB1, HA1.
A floor vote is pending.
CALL YOUR REP AT 888-412-6570
AND TELL THEM TO VOTE NO.
Illinois House Speaker Michael Madigan has put the final touches on a pension-slashing “mega-bill.” The bill – presented as House Amendment 1 to Senate Bill 1 – could be up for a vote as early as Wednesday, May 1.
Call your state representative today and urge them to vote NO on the Speaker’s “mega-bill” or any other pension bill opposed by the We Are One Illinois coalition of unions. Click here to call our toll-free hotline, or dial 888-412-6570.
The House has already approved a series of unfair and illegal bills that deeply cut cost-of-living adjustments (COLAs), raise retirement ages, and make other harmful pension benefit reductions. Many elements of these bills resurfaced in the Speaker’s “mega-bill.” You can read more about the House’s past actions by clicking here.
Click here to call and make your voice heard, and then tell five family members or friends to add their voices to yours.
The Illinois legislature will meet in Springfield almost every day in the month of May. Your activism continues to make the difference in this years-long fight for retirement security. We must keep up the pressure. To receive breaking news on your mobile device, text WEAREONE to 225568. We will also keep posting regular updates on Facebook and our website.
Lawmakers could act at any time, so do not wait to call.
- We Are One Illinois
Paid for by We Are One Illinois
On behalf of Troopers Lodge 41, I would like to thank all
of the telecommunicators for all they do. You folks are not forgotten
and we appreciate your service, dedication and steadfast support.
Without you our jobs would be almost impossible and clearly less safe.
A big heartfelt THANK YOU from us!
Michael Powell, President
Troopers Lodge 41
*IMPORTANT* FEDERAL TRUCK WEIGHT LIMIT POLL
Politico's Morning Transportation. The poll asks: Should the federal truck weight limit on Interstates be lifted from 80,000-pounds to 97,0000-pounds?
If you havent already, please take a moment and answer this poll, http://bit.ly/12phycs. We need to send a message to Congress that bigger trucks will create serious danger on our roads.
Raising truck weight limits is a major safety concern for the traveling public. Bigger trucks can take longer to stop, have a greater risk of roll-over and can turn accidents into serious accidents and serious accidents into fatalities.
We need to put public safety above all else. Please take a minute to answer this short poll. It is only one question. This is another way you can let D.C. lawmakers know you don’t support bigger, more dangerous trucks.
Do you want heavier trucks on the roads? Be sure to vote before Sunday at noon: http://bit.ly/12phycs.
PLEASE FORWARD TO YOUR FRIENDS TO HAVE THEM WEIGH IN!
Politico's Morning Transportation is an important publication in Washington D.C. that provides daily updates on transportation issues.
It is with deep regret that we inform you of the passing of Trooper James Sauter.
Downer’s Grove – Illinois State Police Director Hiram Grau today released the following statement regarding the fatal crash that claimed the life of a District15 State Trooper on Thursday, March 28, 2013.
“It is with deep sadness that I announce the tragic death of Trooper James Sauter, and on behalf of the men and women of the Illinois State Police, I offer sincere condolences to Trooper Sauter’s family,” said ISP Director Hiram Grau. “Trooper Sauter left a legacy of courage, honor and duty and we will never forget Star #6095. Our hearts are heavy with grief, but they are also strengthened by Trooper Sauter’s brave calling and dedicated service to ISP,” Grau added.
Trooper Sauter was on duty in his ISP squad car when his vehicle was struck by a truck tractor semi-trailer at I-294 southbound at Willow Road. He was pronounced at the scene early Friday morning and had been a member of the Illinois State Police since June 29, 2008. Trooper Sauter had just completed a temporary assignment in Air Operations and was recently re-assigned to District 15 as a patrolman.
Trooper Sauter was 28 years old and is survived by his wife, Elizabeth and family.
Funeral arrangements for Illinois State Police Trooper James Sauter, who was killed in the line of duty on Thursday, March 28, 2013, are as follows:
Monday, April 1, 2013, from 2:00 p.m. to 8:00 p.m.
The Hills Funeral Home,10201 South Roberts Road, Palos Hills, Illinois 60465
Tuesday, April 2, 2013, at 11:00 a.m.
Morraine Valley Church, 6300 W. 127th Street, Palos Heights, Illinois 60463
Appropriate attire for ISP officers attending the visitation on Monday, April 1, is dress blouse or business attire. Officers attending the funeral on Tuesday, April 2, will wear the dress blouse uniform.
Retiree Health Care Lawsuit Upbate (SB 1313)
On February 20, 2013, a hearing was held in Sangamon County on the State’s request to dismiss our consolidated lawsuit. Arguments were hear from all sides. Your Lodge had representatives in the Courtroom to follow the proceedings. The Judge has asked for further information from both sides before he rules in three weeks. Click on the attached link for the State Journal Register’s updated news story.
Good Afternoon Everyone,
The House Pension Committee met this afternoon and voted 6 - 3 to send SB 1673 out of committee and to the House for a vote. The Lodge was there at the Committee Meeting to voice our opposition to the Bill. We anticipated it having the votes to come out of committee, so this is not a surprise. We now are working to block it from being called for a vote on the Floor and working hard to keep it from passing if it is in fact called. The House already adjourned this afternoon without calling it for a vote.
Now is the time.... we must let our voice be heard... call your Senators and Representatives and request they vote NO on SB 1673... The Lodge continues to voice our opposition to this unfair and unconstitutional Bill, but we need your help to stop it....... Call now.
To contact your legislators, click the logo below.
Chris Southwood, Vice President
IllinoisTroopers Lodge # 41
URGENT! URGENT! URGENT!
HB 1447 came out of rules committee today. This is the bill that rquires retirees to choose between their State Healthcare or COLA's. This Bill has already passed the Senate. It could be called for a vote in the House as early as Sunday evening, January 6, 2013.
Please contact your Representative immediately and voice your opposition to this Bill!!
To view the bill, click link below.
Congratulations to AFSCME on a hard fought victory!!
TO: AFSCME Members
FR: Henry Bayer, Executive Director
Yesterday Circuit Court Judge Richard Billick issued his ruling in AFSCME’s longstanding dispute with the Quinn Administration over its failure to pay negotiated wage increases to thousands of state employees. While his decision was not the unconditional victory we might have hoped for, it is nonetheless a very positive one for union members.
NOTE: The judge read his decision in open court. Because we wanted to get information out to union members as quickly as possible, the information below is based on notes that the attorneys took. There may need to be further clarifications once the written transcript is issued.
Judge Billick affirmed his earlier ruling that the State can't pay what was not appropriated. However, he rejected the State's basic argument of "condition precedent," i.e. that the State is not obligated to ever pay the money if it had not been appropriated. Rather, he said that the State had entered into a contract with the union and the obligation to meet its terms remains. This means that the State must pay what it can now. The judge rejected the State's argument that if it can't pay everyone in the agency it should not have to pay anyone. For appropriation lines without enough money, the State should pay what it can to each employee, if not the whole amount.
Perhaps most importantly, the judge ruled that the State’s legal obligation to pay remains until employees have been fully paid. Once employees are paid from the funds available now, any money still owed to them must eventually be paid from the Back Wage Fund at 7 percent interest.
Earlier this year, AFSCME attorneys had conducted extensive discovery hearings on each state agency whose employees had not yet received the pay increase. Through that process, the Union identified significant funds that the State had not acknowledged were available.
For some agencies, the State agreed that there were enough funds available to allow the increases to be paid. For those agencies in which the funds identified were not sufficient, AFSCME asked the court to sequester all the monies available so that they would not be lapsed at the end of the fiscal year lapse period. While there were significant additional funds identified for those agencies in which employees have not been paid, the amounts vary by agency and in no case are they sufficient to pay the entire amount of wages owed.
In his ruling yesterday, the judge directed that the State must do whatever is necessary in conjunction with the Comptroller to now move those funds into a Trust Fund that cannot be accessed for any other purpose other than to pay employees the money they are owed. The judge has not yet ruled as to exactly how the money that is currently available should be dispersed. He is expected to issue further clarification on this matter.
While this ruling is a strong affirmation of the Union’s position, it is not all that we could have hoped for in certain respects. Until the final order is received in writing and can be thoroughly reviewed by our attorneys, we will not be able to determine whether the Union will file an appeal. Nor do we know at this time whether the Quinn Administration will appeal. The governor has already spent hundreds of thousands of taxpayer dollars—in a time of extreme fiscal distress-- trying to prevent employees from receiving the monies they are owed. It would be both senseless and unethical for the Administration to continue to pursue that course by seeking to overturn the judge’s ruling. Unfortunately, if the Administration does appeal, it could request that the judge’s order be stayed pending the outcome of that appeal. AFSCME would vigorously oppose the motion for a stay—pointing out that employees have already waited far too long for the monies they are owed—but there is no way to know how the judge would rule.
From the first moment that Governor Quinn took the unprecedented step of withholding a negotiated pay raise, AFSCME made clear that the Union would fight on every front for as long as it takes to ensure that members get the monies they are owed. The court’s ruling yesterday is a critically important step forward in that battle.
Another, in an endless parade of legislation that would have a negative impact on our pensions, was introduced today. (HB6258) The Lodge is closely following this piece of legislation and we will have more information as it becomes available. To access the Bill, please click the link below.
To view the General Assembly News Release, click the link below.
Below are some of the efforts underway to help support Trooper Kyle Deatherage’s family.
1. Toy Drive
An effort to collect gifts for the family for Christmas has been started. Gifts can be dropped off at:
Alton (Illinois) Police Department ~ Collinsville (Illinois) Police Department ~ Illinois State Police (District 11) ~ Madison County (Illinois) Sheriffs
Overland (Missouri) Police Department ~ Des Peres (Missouri) Department of Public ~ Safety (Attn: Lt Hall) ~ Eureka (Missouri) Police Department ~ Missouri State Highway Patrol Troop C
2. Memorial contributions
Memorial contributions can be sent to:
Kyle Deatherage Memorial Fund
Scott Credit Union
12455 State Route 143
Highland, IL 62249
3. T-shirt and Memorial Stickers are being made.
$14 for t-shirts and $10 for stickers. To place an order please email email@example.com
4. A 5k run
When: December 15, 2012 at 10:00 am.
Where: Mount Pulaski Town Square.
Cost is $10 per person. Contact Angie Cyrulik 217-962-1055 or Kim Cowan 309-826-9799
Trooper Kyle Deatherage Memorial T-Shirts. $12.00 each and all proceeds will go to the Deatherage Family. Please click link below for order form.
A Facebook page has been set up in Memory of Trooper Kyle Deatherage. To visit that page, please click the link below.
HOUSE RESOLUTION HR1312
WHEREAS, The members of the Illinois House of Representatives are deeply saddened to learn of the death of Illinois State Trooper Kyle Deatherage of Highland, who passed away on November 26, 2012; and
WHEREAS, Trooper Deatherage entered law enforcement as a Madison County sheriff's deputy in 2004 and moved to the Illinois State Police in May of 2009; and
WHEREAS, Trooper Deatherage had recently switched to motorcycle duty to be able to move from the night shift to days in order to see more of his growing family; and
WHEREAS, Trooper Deatherage had been one of 29 Illinois troopers sent to New Jersey to help with cleanup efforts after Hurricane Sandy; and
WHEREAS, Trooper Deatherage is survived by his wife, Sarah; his 4 year old daughter, Kaylee; his 10 month old son, Camden; his parents, Barry and April Deatherage; and two brothers and a sister; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that We mourn the passing of Illinois State Trooper Kyle Deatherage, recognize the sacrifice he made protecting the citizens of the State of Illinois, and extend our condolences to his family, friends, and all who knew and loved him; and be it further RESOLVED, that a suitable copy of this resolution be presented to the family of Trooper Kyle Deatherage as an expression of our deepest sympathy.
It is with deep regret that we inform you of the passing of Trooper Kyle Deatherage.
Trooper Kyle Deatherage was struck and killed by a tractor trailer while conducting a traffic stop. Trooper Deatherage is the third law enforcement fatality from the State of Illinois in 2012.
Deatherage is survived by his wife and two small children. He had been one of 29 Illinois Troopers sent to New Jersey this month to help with cleanup efforts after Hurricane Sandy.
Visitation will be Friday, November 30th from 4:30 p.m. to 8:00 p.m. at Triad High School, 703 US 40, Troy, IL. Funeral will be Saturday, December 1st at 10:00 a.m. at Triad High School.
An Illinois State Police walk through will be conducted at 6:00 p.m. on Friday, November 30th. Officers participating in the walk through should assemble at the northeast section of the Triad High School parking lot. A Law Enforcement Officers' walk through for all other agencies will be conducted at 7:30 p.m. Law enforcement agencies with presentations will follow.
Interment: Immediately follows the funeral at Marine City Cemetery, at the intersection of Hunter School Road and Marine Road (Madison County Road 13).
Appropriate attire for ISP officers attending the visitation on Friday, November 30, is dress blouse or business attire. Officers attending the Funeral on Saturday, December 1, will wear the dress blouse uniform.
Congratulations Brothers and Sisters!!!!! This is a HUGE victory for us!!!!! It appears the proposed amendment to the Illinois Constitution that would have made it far far easier to strip away public employee retirement benefits...... has been defeated!!!!!!!!!
With about 92% of the vote reported this morning the proposed amendment had support from approximately 56% of Illinoisans who voted on the measure. But that fell short of the 3/5th's criteria needed for passage.
I can't tell you how big this is for us in our continued fight against unfair pension reform.....Thank you all for the hard work you did in getting the message out to vote no!!! By my count there are approximately 40 "Lame Ducks" in the General Assembly. Yes, we still have a tough pension reform fight coming in the "Lame Duck" Session, but the defeat of this constitutional amendment eliminates a powerful weapon from the arsenal of the hard line pension reformers.
Again... Thanks to the We Are One Coalition for their combined efforts and thank-you for your hard work. Congratulations on defeating the issue!!!!!
Michael R. Powell, President Chris Southwood, 1st Vice President
It is with deep regret that we inform you of the passing of Master Sergeant Bob Price. Master Sergeant Price was tragically killed in a boating accident at Hillsboro Lake in Hillsboro, Illinois on Sunday, September 30.
Master Sergeant Robert “Bob” Price 49 of Hillsboro passed away Sunday Sept 30 2012 at 7:52 P.M.
He was born January 1, 1963 in Hillsboro IL to Earl Robert and Ann Jachino Price.
He graduated from Hillsboro High School in 1982, and received his bachelor’s degree in Administrative Justice from SIU in Carbondale.
Master Sergeant Price was a 17 year veteran of the Illinois State Police starting his career in District 18, and served with the Executive Protection Unit, Medicaid Fraud Control Bureau and District 11 Patrol. His last assignment was Administrative Master Sergeant for District 18 in Litchfield.
He was on the Hillsboro Fire department.
He served in the United States Air force and Air force reserves for many years.
He is survived by two brothers William Roger Price of Hillsboro, Jerry Price of Seattle WA and one sister Carol Harrison of Hickory N.C., Significant other Michelle Bryant and her children and grandchildren, Shane wife Jennifer Stoddard, Paige Stoddard, Taylor Stoddard, Logan Miller, Bailey Stoddard and Sadie Stoddard. Nieces and Nephews Theresa Kabel, Crissi and Audra Harrison Jackson Price and Logan Price. He was preceded in death by his parents.
Visitation will be held Friday October 5, 2012 at the Free Methodist church in Hillsboro from 4 until 8:00 P.M. Funeral service will be Saturday at 11:00 A.M at the Hillsboro High School Gym, with Rev Ralph Ward officiating. Burial will be in Oak Grove cemetery in Hillsboro.
Military rites will be conducted by VFW post #1306, Irving American Legion post 425 and the 183rd Illinois Air National Guard.
Memorials can be made to Illinois State Police benevolent fund. Hough & Sons Funeral Home in Hillsboro is in charge of arrangements.
August 21, 2012
Suit filed to preserve access to affordable
health care for State Retirees
Contact: Anders Lindall (AFSCME) at 312-641-6060, Dave Comerford (IFT) at 217-544-8562, Chris Martin (INA) at 630-670-2745 or Michael Powell (FOP) at 800-252-563
Four unions representing state of Illinois and state university employees are backing a class action lawsuit challenging a new law that threatens to saddle state retirees with unaffordable new health insurance premiums.
A group of representative plaintiffs charge that Senate Bill 1313 violates the Illinois Constitution. Governor Pat Quinn signed the legislation in June, eliminating the terms of the previous health insurance plan for retired state employees and giving the director of the state Department of Central Management Services the authority to set premium costs for retirees.
The suit argues that state employees and retirees have contractual rights to the sliding fee schedule for retiree health premiums provided in state law and union contracts. Those who retired before 1998 currently pay no individual premium if they worked for the state for at least eight years. Those who retired after 1998 must work at least 20 years before the individual premium is fully covered by the state. Both groups pay a premium for their spouses.
By invalidating this contractual right, the suit contends, SB 1313 violates the Illinois Constitution, which provides that the state may make “no … law impairing the obligation of contracts.”
Second, the suit notes that state law provides retirees with access to health insurance “by virtue of their membership and participation in the State Employees Retirement System and the State Universities Retirement System.” Thus, plaintiffs say, SB 1313 also violates the constitutional clause that defines “Membership in any pension or retirement system of the State” as “an enforceable contractual relationship, the benefits of which shall not be diminished or impaired.”
The unions backing the lawsuit are the American Federation of State, County and Municipal Employees (AFSCME) Council 31, the Illinois Federation of Teachers, the Illinois Nurses Association and Troopers Lodge 41/Fraternal Order of Police.
The suit was filed on August 14 in Randolph County Circuit Court.
SPECIAL SESSION ON PENSIONS
On the last day of Spring Session the Senate passed a pension reform bill, HB 1447. However, the House did not act on it before adjourning. This bill does not include teachers’ pensions or the controversial cost-shift to local school districts. On July 30th, the Governor called a special session day for August 17, 2012. Speaker Madigan has agreed to call HB 1447 for a vote.
HB 1447( K. Burke – Cullerton )State Employees (SERS) and General Assembly (GARS) Pension Reform
Option 1: Accept a change in the annual Cost Of Living Adjustment (COLA) – from 3 percent compounded to a COLA that is capped at 3 percent or one-half of the consumer price index, whichever is less. The COLA would not be compounded. Member would retain “access” to state-supported health insurance*. For active members, all future salary increases will be used to calculate the member’s future pension.
Option 2: Reject the change in the COLA and it remains at 3 percent compounded annually. The member loses “access” to state-supported health insurance*. For active members, all future salary increases will not count when the member’s future pension is calculated.
*Employee & Retiree Health Insurance (SB 1313-PA 97-0695) State no longer will contribute to the cost of group health insurance an amount for each full year of service, up to a maximum of 100% for 20 years of service. The Director of Central Management Services shall annually determine the amount that the State, employees, and retirees shall contribute. Though this is current law, Department of CMS has not filed any administrative rules or regulations to implement the changes called for in this Public Act.
FOP Response to Proposed Pension Cuts
As the voice of law enforcement officers, the FOP has always stood with our fellow public sector working families in defending pension rights and benefits. State LodgePresident Ted Streethas been the police representative in the WE ARE ONE Coalition throughout this past year of negotiations. However, neither the legislative leaders nor the governor would accept proposal made by labor representatives.
1. Our message to Legislators must be clear: VOTE NO ON HB 1447
2. A guarantee that the State will pay its portion as required. For decades that hasn't happened and there needs to be an enforcement mechanism in any reform legislation.
3. A true look at revenue by closing loopholes for big corporations that hurt taxpayers of Illinois. Many loopholes exist, and closing a few would generate money to pay down the pension debt.
4. No inclusion of current retirees, who are living on an earned and needed pension and cannot reenter the job market.
5. With a guarantee that the State would pay its portion, the members who are reliant on the pension systems for their retirement security, would offer to help the State by paying more even though they have contributed their portion over the years. (this increase may differ for the various pension plans)
FOP Members Have Voice and Vote !
Go to http://www.weareoneillinois.org/ today and join nearly 1 million public workers and be heard.
S.B. 1313 INSURANCE INFORMATION
CAN BE FOUND IN THE
TROOPERS ONLY SECTION