Kirk Jenkins

Kirk Jenkins

Sedgwick LLP

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Sharply Divided Illinois Supreme Court Narrows Circuit Court Jurisdiction Over Pension Board Decisions

In its second significant decision on public employee pensions of the morning, the Illinois Supreme Court has reversed the Appellate Court in The People ex rel. Madigan v. Burge. In an opinion by Justice Anne M. Burke, joined...more

7/7/2014 - Administrative Review Board Jurisdiction Pensions Public Employees

Illinois Supreme Court Adopts Broad Construction of Constitutional Pension Clause

The Illinois Supreme Court has issued its much-anticipated opinion in Kanerva v. Weems. Kanerva represents the Court’s first opportunity to address the state Constitution’s Pension Protection Clause since the Illinois General...more

7/7/2014 - Pension Reform Pensions

Big Day Tomorrow - Two Public Pension Opinions Coming From the Illinois Supreme Court

The Illinois Supreme Court has announced that opinions in two cases addressing public employee pensions, Kanerva v. Weems and People ex rel. Madigan v. Burge, will be filed tomorrow morning at 9:00 a.m. With the Governor...more

7/3/2014 - Pension Reform Pensions Public Employees

What's Pending on the Illinois Supreme Court's Advisement Docket?

As we near the opening of the March docket, it's time to take a look at the civil cases that are argued and pending for decision before the Illinois Supreme Court. The Court is quite up-to-date on its docket at the moment,...more

3/3/2014 - Administrative Review Board Condominium Associations FOIA Pensions Police

Illinois Supreme Court Debates Jurisdiction Over Pension Dispute

The Illinois Supreme Court seemed conflicted during an extremely active oral argument in late January in the high-profile pension case People ex rel. Madigan v. Burge. Burge poses the following issue: can the Attorney General...more

2/26/2014 - Administrative Review Board Attorney Generals Pensions Police Misconduct

What the Pension Reform Decision in Arizona May Mean for Illinois

Today the Arizona Supreme Court has handed down its much-anticipated decision in Fields v. The Elected Officials’ Retirement Plan. In Fields, the Court unanimously struck down a pension reform package enacted by the...more

2/21/2014 - Employee Benefits Employer Liability Issues Pensions

Illinois Supreme Court Sides With Pension Fund in Firefighters' Dispute

In the final announced opinion day of 2013, the Supreme Court has filed its opinion in Hooker v. The Retirement Board of the Firemen’s Annuity and Benefit Fund of Chicago, holding that the plaintiffs – widows of two deceased...more

12/19/2013 - Active Duty Firemen Pensions

Illinois Supreme Court Holds Board Can't Declare Enhanced Pension Forfeited

Although the question presented in Prazen v. Shoop was limited to the field of public pensions, the case presented interesting aspects of fiduciary law and statutory construction as well. The question in Prazen was whether...more

10/22/2013 - Forfeiture Pensions Retirement Plan

Argument Report: Illinois Supreme Court Debates Chicago Firefighters' Pensions

Although Kanerva v. Weems was the marquee case on public pensions for the September term of the Illinois Supreme Court, it wasn't the only such case on the docket. But if the oral argument is any indication, the retirees in...more

10/7/2013 - Firemen Pensions Retirement Plan

First Thoughts: Live-(Nearly)-Blogging the Oral Argument in Kanerva

This morning, a seemingly skeptical Illinois Supreme Court appeared ready to side with the State in a dispute over 2012 amendments to the State Employee Group Insurance Act. Several Justices peppered the two attorneys...more

9/19/2013 - Class Action Contracts Clause Employee Benefits Pensions Retirement Plan

Illinois Supreme Court to Debate Whether Public Retiree Health Benefits Protected By Pension Clause

Tomorrow morning, the Illinois Supreme Court will hear oral arguments in what may prove to be a precursor of larger battles yet to come in the next few years - an all-out battle over whatever public pension reform package the...more

9/18/2013 - Employee Benefits Healthcare Pensions Public Employees

Illinois Supreme Court to Debate Pensions for Firefighters' Spouses

Our previews of the oral arguments on the Illinois Supreme Court’s September docket begin with Hooker v. Retirement Fund of the Firemen’s Annuity and Benefit Fund of Chicago, which is set for argument this morning, September...more

9/11/2013 - Annuities Firemen Pensions Surviving Spouse

Illinois Supreme Court to Review Jurisdiction of Circuit Courts Over Pension Disputes

In the closing days of its May term, the Illinois Supreme Court allowed petitions for leave to appeal in five new civil cases. Our previews of those cases continue with People ex rel. Madigan v. Burge, a case which poses a...more

6/28/2013 - Convictions Jurisdiction Pensions Police Misconduct

Argument Report: Early Retirement Incentives for Municipal Pensions

On the final argument day of the May term, the Illinois Supreme Court heard argument in Prazen v. Shoop, one of a brace of public employee pension cases currently on the Court's docket. ...more

6/4/2013 - Incentives Municipal Bonds Pensions Personal Services Retirement

Illinois Supreme Court Intervenes in Politically Charged State Pension Battle

Earlier this month, the Illinois Supreme Court accepted its first direct appeal in over three years, agreeing to wade into the politically charged battle over state employee pension rights. The Court ordered the consolidated...more

4/23/2013 - Pension Plan Amendments Pension Protection Act of 2006 Pensions Putative Class Actions

Municipal Pensions II: Do Survivors' Pensions Increase Whenever the Salary For the Position Does?

Our previews of the new civil cases granted review at the end of the Illinois Supreme Court’s November term continue with Hooker v. Retirement Fund of the Firemen's Annuity and Benefit Fund of Chicago,. Hooker poses the...more

12/15/2012 - Appeals Class Certification Disability Employee Benefits Firemen Pensions Surviving Spouse Wages

Illinois Supreme Court to Resolve Municipal Pension Dispute

Our previews of the new civil cases granted review at the end of the Illinois Supreme Court’s November term continue with Prazen v. Shoop, a dispute about the politically charged issue of public employee pensions....more

12/12/2012 - Age Enhancement Credit Corporate Veil Municipalities Pensions Retirement

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