PUBLIC AND PRIVATE PENSION BENEFIT PROTECTION

Protecting pensions and benefits (against both public employers and private companies).

The Krislov firm is perhaps best known in Illinois for its "private attorney general" practice, brought against state and local governments to redress funding abuses, enforce public pension benefits, and correct the massively under-funded state and local pension systems. Cases include:

        (a)    Ryan v. City of Chicago, 148 Ill. App. 3d 638 (1st Dist. 1986) and 274 Ill. App. 3d 483 (1st Dist. 1995) (we recovered over $32 million cash, $80 million total benefits, and fundamentally improved the handling of City pension tax levies, ending the City's illegal use of pension tax levies for its own benefit).  Prevailed over trustees’ subsequent attempt to hi-jack the recovery, in a decision the court labeled “The Mugging of the Good Samaritan”.

 

         (b)     People ex rel. Sklodowski v. State, 284 Ill. App. 3d 809 (1st Dist. 1996), see also, 162 Ill.2d 117 (1994) and 182 Ill.2d 220 (1997) (we blocked the State’s conversion of $51 million from the State Pensions Fund to State general budget use, and initially established the courts’ power to compel State Officials to comply with statutory minimum contribution obligations for Illinois’ five funded retirement systems to correct a shortfall now totaling $3.4 billion).

 

         (c)     City of Chicago v. Korshak, 206 Ill. App. 3d 968 (1st Dist. 1990) and Retired Chicago Police Ass'n v. City of Chicago, 7 F.3d 584 (7th Cir. 1992), parallel state and federal cases (in litigation spanning over 30 years, we have fought for annuitants’ contractual rights to promised lifetime healthcare coverage, the Krislov firm forced the City of Chicago to continue a fixed-rate subsidized plan of retiree health care insurance for 21,000 annuitants and their families, and, despite setbacks during various periods, successfully had these claims restored by the Illinois appellate court); in an unpublished order in 2000, we obtained injunctive relief, and ultimately obtained a settlement which ensures annuitant healthcare coverage through 2013 and beyond for Chicago Police, Firemen, Municipal Employees and Laborers).  Now pending (Underwood v. City of Chicago) before the Circuit and Appellate courts against the City and Funds’ termination of retiree healthcare entirely at the end of 2016; 2017 IL App (1st)162356 (June 29, 2017) have obtained over $60 million refunds from overcharged premiums, and $20 million in subsidies backpayments 2017-2019, and restored in perpetuity.  Uncovered and forced reconciliation of $10.5 million concealed City  settlement with HCSC/Blue Cross of Illinois, and $825,000 in uncashed refund checks.  On remand, 2020 IL App (1st) 182180 (June 30, 2020), for determination of pension funds’ statutory obligations to contract and provide healthcare coverage to retirees, core group of which did not accrue Medicare qualification by City employment.

        

         (d)    Jones and Johnson v. Mun. Emp. Ann. & Ben. Fund and City, 2016 IL 119618 (Ill. Sup. Ct., March 24, 2016), landmark Illinois Constitution Article XIII § 5 decision, invalidating Pension Code amendment reducing and deferring statutory COLA benefits.

 

         (e)     Levin v. County Board, 2019 IL App(1st)181167 (Ill. Sup. Ct., June 7, 2019), voiding Board’s imposition of “last employer” disqualification of vested annuitants from joining retiree healthcare plan if they had another employer after retiring from County. County Board appeal now pending before Illinois Supreme Court, No. 125141.

 

         (f)     Smith v. Brown, 1:19-cv-05238 (N.D. Ill.), voiding Cook County’s imposition of costs on attorneys agreeing to represent eviction defendants whose costs have been waived for indigency.

 

 

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