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Election to Decide Whether Constitutional Convention Called

Background

On the November 2008 ballot, voters will have the opportunity to vote on convening a Constitutional Convention. The last Constitutional Convention was in 1970, which resulted in a new State of Illinois Constitution on July 1, 1971. The last call for a convention failed by a 3:1 margin in 1988.

Convention Considerations

In order for a Constitutional Convention to be called, 60 percent of voters must request a convention. Assuming the voters call for a Constitutional Convention, the General Assembly would have to approve legislation providing for the election of 118 delegates. The legislation would also have to provide funding to cover the cost of the election and convention, which is estimated at upwards of $75 million. Following passage of this legislation, delegates would be elected by the voters. Finally, the proposed constitution would be brought back to the voters for final ratification.

Pension Protections

Currently, two provisions in the Illinois Constitution protect pension benefits: the Contracts Clause, Article I; and the Pension Rights Clause, Article XIII. Additionally, the U.S. Constitution protects pension benefits. If the pension protections in the state constitution were removed as the result of a constitutional revision, TRS believes the U.S. Constitution would likely still protect pension benefits for retired and active TRS members.

TRS is concerned about a Constitutional Convention because of potential changes to the pension clauses that help protect TRS member benefits and ensure retirement security for Illinois teachers. Many important topics to TRS members that might be considered, such as school funding and revenue issues, can already be altered without any changes to the current constitution, making a convention unnecessary. TRS will continue to support the current constitution’s language regarding pension protections.

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