Stop, wait a minute: The saga of Senate Bill 1

Illinois desperately needs a final ruling on SB 1; the clock is ticking.

Five hundred and eighteen days have passed since Dec. 5, 2013. That’s the day then-Gov. Pat Quinn signed into law a pension-reform bill known as Senate Bill 1. One year, five months and two days later, there’s still no indication from the Illinois Supreme Court as to whether the state will be allowed to implement that pension bill.

To be clear, SB 1 is a far cry from a solution to Illinois’ $111 billion pension crisis. The bill would maintain the status quo defined-benefit pension structure while tweaking benefits for public employees and retirees. But one of the greatest benefits of SB 1 is that it is the first major test of the pension provision in the Illinois Constitution.

Unfortunately, that test is taking much longer than necessary.

In May 2014, a Sangamon County Circuit Court judge granted the plaintiffs’ motion for a stay of implementation until all constitutional arguments have been adjudicated.

In November 2014, Judge John Belz of the Sangamon County Circuit Court ruled that SB 1 is unconstitutional.

In December 2014, Illinois Attorney General Lisa Madigan’s office filed a motion to expedite the process – requesting that oral arguments start as early as January and no later than March 2015. The Illinois Supreme Court granted the motion later that month. Unfortunately, at the same time, the court also refused to consider nine amicus briefs filed by groups that want the court to uphold the state’s pension-reform law.

In March 2015, the Supreme Court wrapped up a round of oral arguments. And the waiting game has continued since then.

The fate of SB 1 lies in the hands of the Illinois Supreme Court. The final ruling will provide guidance for future reform efforts as they relate to modifying the current benefit structure. If SB 1 stands, lawmakers will have the green light to enact bigger, bolder pension reform. If the bill is struck down, there are still reforms with which the state can move forward that avoid constitutional conflict by reforming benefits that have not yet been earned.

Either way, Illinois desperately needs a final ruling on SB 1.

The clock is ticking.