Williamson County Board of Commissioners v. Board of Trustees of the Illinois Municipal Retirement Fund

Summary

The Illinois Supreme Court held that section 7-137.2(a) of the Illinois Pension Code, which required county boards to adopt a resolution within 90 days of each general election certifying that board members work sufficient hours for IMRF participation, violates the pension protection clause of Article XIII, Section 5 of the Illinois Constitution. The court ruled that the clause protects the contractual relationship governed by the terms in effect when an employee becomes a member of the retirement system, and the legislature cannot unilaterally impose new eligibility requirements that diminish or impair that relationship. Because the plaintiffs satisfied the original IMRF eligibility requirements and their participation was terminated solely due to the county board's failure to comply with the new certification requirement, the provision could not be constitutionally applied to them. The court affirmed the circuit court's judgment declaring the provision unconstitutional and ordering reinstatement of the plaintiffs' IMRF membership and benefits.

Questions Presented

1. Whether section 7-137.2(a) of the Illinois Pension Code violates the pension protection clause of article XIII, section 5, of the Illinois Constitution.