People ex rel. Sklodowski v. State of Illinois
Case Date: 12/31/1969
Court: Supreme Court
Docket No: 82459
Docket No. 82459--Agenda 22--September 1997. THE PEOPLE ex rel. ROBERT SKLODOWSKI et al., Appellees, v. THE STATE OF ILLINOIS et al., Appellants. Opinion filed March 19, 1998. JUSTICE NICKELS delivered the opinion of the court: Beneficiaries in various state employee pension systems brought suit seeking to compel the state and its officials to appropriate monies necessary to meet statutory funding obligations contained in the Illinois Pension Code (40 ILCS 5/1--101 et seq. (West 1994)). The Cook County circuit court dismissed the action on the pleadings, finding that the requested relief is barred by the separation of powers clause of the Illinois Constitution of 1970 (Ill. Const. 1970, art. II, sec. 1). The appellate court reversed. 284 Ill. App. 3d 809. We granted defendants' petition for leave to appeal. 166 Ill. 2d R. 315. BACKGROUND This action began when six members of various state retirement systems filed a complaint seeking mandamus, declaratory and injunctive relief in the circuit court of Cook County. Plaintiffs included Robert Sklodowski, Thomas Hanahan, Sandee Hanahan, Susan Lillis, Robert Negronida, and Mark Warden. Plaintiffs subsequently filed a second-amended complaint, purporting to be both a class action and a derivative action, naming as defendants the State of Illinois and its officials: Governor Jim Edgar; the President of the Senate, Philip Rock; the Speaker of the House of Representatives, Michael Madigan; the Comptroller, Dawn Clark Netsch; and the Treasurer, Patrick Quinn. Also named as nominal defendants were the Judges' Retirement System of Illinois (JRS), the State Employees' Retirement System of Illinois (SERS), the State Universities Retirement System (SURS), the Teachers' Retirement System of the State of Illinois (TRS), the General Assembly Retirement System (GARS), and their trustees. In substance, plaintiffs' complaint alleged that the state failed to comply with the funding provisions contained in Public Act 86--273, eff. August 23, 1989. These provisions controlled funding of the five state retirement systems governed by the Pension Code. See Ill. Rev. Stat. 1989, ch. 108 |