Public Finance

Court Ruling Leaves Chicago Empty-Handed on Pensions

Court Ruling Leaves Chicago Empty-Handed on Pensions
Key facts
  • Illinois's constitutional pension protection clause, adopted in 1970, bars any government body from diminishing or impairing promised pension benefits.
  • In 2015, the Illinois Supreme Court struck down a state law cutting pension benefit growth; a similar 2016 ruling voided Chicago's overhaul of its Municipal Employees' and Laborers' funds.
  • Chicago's police and fire pension funds have funded ratios near 25%, among the worst of any major U.S. city.
  • Chicago's total unfunded pension liability across its four funds runs into the tens of billions of dollars, a key factor in its below-average bond ratings.

Chicago must go back to the drawing board after the Illinois Supreme Court voided legislation that overhauled two city pension funds with the aim of keeping them solvent. The ruling strips away a reform package built around increased employee and city contributions paired with reduced benefit growth, leaving the Municipal Employees' and Laborers' pension funds deeply underfunded and without a legally viable fix on the books.

For a city that has spent decades wrestling with retirement debt, the decision is less a surprise than a confirmation of a pattern. Illinois courts have consistently ruled that once a public employee joins a pension system, the state and its cities cannot walk back the benefits promised, no matter how dire the funding math becomes.

A pension crisis decades in the making

Chicago's retirement systems are among the worst funded of any major city in the country. The Municipal Employees' fund, which covers most non-uniformed city workers, has for years carried a funded ratio of only about a quarter to a third of what it needs to pay promised benefits. Chicago's police and fire pension funds are in even worse shape, with funded ratios hovering near 25%.

Altogether, the city's four pension funds carry tens of billions of dollars in unfunded liabilities, a gap built up over decades of underpayment by the city, generous benefit formulas negotiated in earlier years, and investment losses during recessions.

Why the pension protection clause ties the city's hands

The reason Chicago cannot simply legislate its way out of the problem traces back to the Illinois Constitution. Adopted in 1970, it contains one of the strongest pension protection clauses of any state constitution: membership in a public pension system "shall be an enforceable contractual relationship, the benefits of which shall not be diminished or impaired."

In a landmark 2015 decision, the Illinois Supreme Court struck down a state law that reduced future benefit increases for state retirement systems, ruling that pension benefits are locked in from an employee's first day on the job. A year later, the court applied the same logic to Chicago specifically, invalidating a 2014 state law that had restructured the Municipal Employees' and Laborers' funds.

What it means for the city's finances and credit

For a government already stretched thin, a voided reform law removes a policy tool officials had counted on to slow the growth of unfunded liabilities. Credit rating agencies watch these funding levels closely: Chicago's bonds have carried lower ratings than those of most major American cities in large part because of its pension burden, and rulings that block cost-saving reforms tend to reinforce that caution.

Filed under: Public Finance News

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