PEOPLE EX REL. SKLODOWSKI v. STATE

Nos. 1-93-2951, 1-93-3171 to 1-93-3173.

674 N.E.2d 81 (1996)

284 Ill. App.3d 809

220 Ill.Dec. 810

PEOPLE ex rel. Robert SKLODOWSKI, Thomas Hanahan, Sandee Hanahan, Susan Lillis, Robert Negronida, 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, Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied November 22, 1996.

As Modified November 26, 1996.


Attorney(s) appearing for the Case

Krislov & Associates, Ltd. (Clinton A. Krislov and Jonathan Nachsin, of counsel), Chicago, and Kevin B. Rogers, Chicago, for Appellants.

Skadden, Arps, Slate, Meagher & Flom (Susan Getzendanner and Kimberley K. Baer, of counsel), Chicago, for Counterplaintiffs-Appellants the State Employees' Retirement System of Illinois and The State Universities Retirement System.

Rudnick & Wolfe (William J. Campbell, Jr., Richard S. Huszagh and Howard L. Teplinsky, of counsel), Chicago, for Counterplaintiff-Appellant The Teachers' Retirement System of Illinois.

Sutterfield & Johnson, P.C. (David Sutterfield, of counsel), Effingham, for Intervenor-Appellant.

Roland W. Burris, Attorney General (Rosalyn B. Kaplan, Solicitor General, of counsel), Chicago, for Appellees.

James E. Ryan, Attorney General (Barbara A. Preiner, Solicitor General, and Jerald S. Post, Assistant Attorney General, of counsel), Chicago, for Appellees on Petition for Partial Rehearing.


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...

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