Schools Want Spotlight on CalSTRS Rate Hike

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Ed Mendel is a reporter who covered the Capitol in Sacramento for nearly three decades, most recently for the San Diego Union-Tribune. Find more of his stories at Calpensions.com.

The push back from schools hit with a huge CalSTRS rate increase, expected to be an additional $3.7 billion a year when fully phased in, is not that it’s unaffordable and will hurt students or unfairly lets the state and teachers off the hook.

Instead, a coalition of school districts, including the giant Los Angeles Unified School District, is proposing a separate budget item for the CalSTRS rate increase within the Proposition 98 school-funding guarantee.

The change would not require the state to spend more money on schools. But the coalition thinks a separate budget item could ensure that funding for the CalSTRS rate increase, as it’s phased in over seven years, “will grow at a predictable rate” for all school districts.

As it stands now, school districts would have to pay for the CalSTRS rate increase with money from a new K-12 funding plan adopted two years ago, the Local Control Funding Formula.

The big bite for CalSTRS would be obscured among other funds, the coalition fears, and the new funding plan’s goals of restoring funding to the pre-recession 2007-8 level and providing more money for targeted schools could be disrupted and delayed.

“The requirement of schools to fund these increased (CalSTRS) contributions within the LCFF undermines the goals and the promise of increased services for students in California,” the coalition said in a statement last December.

“Addressing this important funding issue up front will keep the goals and objectives of the LCFF intact, and is essential to ensuring students are served as envisioned.”

Since December the coalition membership has grown to 160 school districts, and legislators and the Brown administration have been told of the proposal, Scott Patterson, Grossmont Union High School District deputy superintendent, said last week.

A potential issue is whether the California State Teachers Retirement System rate increase could create winners and losers among school districts.

The new funding formula gives extra money to targeted schools with large numbers of students who are English language learners, recipients of subsidized meals, and from foster homes.

If there is no separate budget item, a district that gets mainly the base grant might have much of its Proposition 98 increase eaten up as the CalSTRS rate increase is phased in. But a district that gets additional targeted money could still get a substantial increase.

STRS pension costs are based on the number of teachers, which tends to be proportionate to total student enrollment. Extra money for targeted schools under the new funding formula is based on a different factor, student demographics.

Patterson said the coalition believes its proposal for a separate state budget item “would help alleviate” the creation of winners and losers as the CalSTRS rate increase is phased in.

The coalition knows of no active opposition to its proposal among schools or community colleges, he said, and the powerful California Teachers Association has not taken a position.

Rate increase projected to get CalSTRS to full funding
Rate increase projected to get CalSTRS to full funding

The Brown administration had no comment on the coalition proposal last week. Gov. Brown is expected to issue the “May revise” this week, an update of his January proposal for a new state budget for the fiscal year beginning July 1.

The state could have a surplus of several billion dollars, though much of the tax revenue surge may be temporary. It’s a windfall for schools, possibly too much for lawmakers who want to restore funding for other programs cut during the recession.

“Surprisingly perhaps, these revenue trends pose a risk for the state budget mainly because higher revenues in 2014-15 boost ongoing spending on schools and community colleges under Proposition 98, potentially making it harder for the state to balance its budget in 2015-16 and beyond,” the Legislative Analyst’s Office said last month.

The timing is remarkable for CalSTRS, which unlike most California public pension funds lacks the power to raise employer pension rates, needing legislation instead. Lawmakers ignored CalSTRS pleas for a rate increase for nearly a decade.

Now the big rate increase finally approved last year begins to phase in amid an incoming tide of school funding, arguably making it more difficult for the coalition to catch the ear of lawmakers because there is no squeaking wheel.

If the coalition is not successful this year, the issue may heat up before the CalSTRS rate increase is fully phased in by 2020.

The coalition expects CalSTRS costs for the average unified school district to increase from 3.8 percent of the budget to nearly 9 percent over the seven years. Districts also have another big pension cost for non-teaching employees in CalPERS.

In the new fiscal year, the coalition expects the CalSTRS rate increase to increase school costs by an estimated $430 million and then to escalate, step by step, to an additional $3.7 billion a year by 2020.

“We want to be careful in expressing that we are not opposed to the increased CalSTRS contributions that are necessary to help put the program back on sound financial footing,” said Patterson.

A big rate increase is sorely needed. A new actuarial report last month shows that CalSTRS as of last June 30 had 68.5 percent of the projected assets needed to pay future pension obligations. The debt or unfunded liability was $72.7 billion.

The total contribution to CalSTRS from schools, teachers and the state last fiscal year was $5.7 billion, about half of what CalSTRS paid out during the year for pensions and death and survivor benefits, $11.7 billion.

The CalSTRS investment fund, expected to pay roughly two-thirds of future pension costs, was $180 billion in 2007, dropped to $112 billion in 2009, and was only back up to $191 billion last March 31, despite a major six-year bull market.

Before the increase last year, the CalSTRS contribution rates for schools and other employers (8.25 percent of pay) and teachers (8 percent) were similar. Now the schools rate will more than double to 19.1 percent of pay by 2020.

The rate for most teachers goes up about a quarter, reaching 10.25 percent of pay next year. The increase is regarded as a violation of “vested rights” only allowed if offset by a new benefit that, in this case, is guaranteeing a 2 percent cost-of-living adjustment.

The state contribution to CalSTRS, which had been a combined total of 5.5 percent of pay to two separate funds, tops out after three steps at 8.8 percent in July of next year.

When a soaring stock market briefly pushed the CalSTRS funding level above 100 percent in the late 1990s, a half dozen measures increased pension benefits and cut contribution rates.

A Milliman actuarial report two years ago said if CalSTRS were still operating under its 1990 structure, pensions would have been 88 percent funded instead of 67 percent — a gap that could have been closed with a much smaller rate increase.

 

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Pennsylvania Senate Set to Approve Pension Overhaul

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The Pennsylvania Senate this week is likely to pass a major pension overhaul, which would funnel new hires into a 401(k)-style plan and raise contributions for many current workers.

The proposal clashes with a plan released earlier this year by Gov. Tom Wolf, which calls for issuing pension bonds and raising taxes.

From TribLive:

A Senate vote this week on a bill to eliminate guaranteed pension benefits for state and school employees sets the stage for budget negotiations between Republicans controlling the legislature and Gov. Tom Wolf, a Democrat.

Senate President Pro Tempore Joe Scarnati, R-Jefferson County, said the pension bill’s expected passage Wednesday will set up negotiations among the Senate, House and governor on pensions, liquor and the budget, which lawmakers must approve by July 1.

[…]

The Senate bill requires 401(k)-type plans for new state and school employees, and makes employees contribute more to maintain higher benefits awarded in 2001.

Ted Kirsch, president of the American Federation of Teachers, said the measure “increases the cost to taxpayers, fails to pay down the state’s pension debt, and slashes retirement benefits for teachers, classroom assistants, school bus drivers and other public employees.”

Wolf’s spokesman Jeffrey Sheridan said the governor “does not support changing benefits for current employees.”

As noted above, Gov. Wolf would almost certainly veto the bill if it ever landed on his desk.

But Senate Republicans aren’t expecting the proposal to get that far; the point of passing the bill is that it brings the House to the negotiating table on the pension issue.

 

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Illinois Pension Ruling Poses Challenge For Emanuel, Chicago

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The Illinois Supreme Court on Friday deemed the state’s 2013 pension changes unconstitutional, and the court doubled down on the idea that no law can legally diminish or impair promised benefits.

The ruling will make Rahm Emanuel’s life more difficult as he tries to wrangle Chicago’s finances.

The Chicago Tribune details the “triple blow” to Emanuel and the city:

First, the ruling could nullify pension deals the mayor struck last year with unions representing the city’s laborers and municipal workers, sending Emanuel back to the bargaining table.

Second, the decision weakens Emanuel’s negotiating position as he seeks pension concessions from Chicago police and fire unions, since the court made clear that public employees’ retirement benefits cannot be diminished once they’ve been granted.

And third, the ruling adds another major problem to a stack that’s already piled high at the Capitol, leaving less political oxygen as Emanuel tries to breathe life into his wish list of multiple fixes for City Hall and Chicago Public Schools pensions that includes a city-owned casino.

Emanuel had, behind closed doors, braced top officials for the likelihood of Friday’s court decision, according to the Tribune.

The extent to which Chicago will have to re-tool its pension reforms remains to be seen.

 

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Illinois Supreme Court Rules Pension Reform Law Unconstitutional

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The Illinois Supreme Court on Friday unanimously ruled that the state’s pension reform law, enacted in 2013, violates the state constitution.

[Read the court’s full decision at the bottom of this post.]

It’s important to note that the ruling affects the state’s future finances, but doesn’t retroactively alter the state’s past finances (FY 2013-14 and FY 2014-15 budgets).

That’s because Illinois anticipated a legal challenge to the law, and didn’t budget the savings stemming from the reforms — a move that looks prudent now.

From the Chicago Tribune:

Republican Justice Robert Karmeier, writing for the entire court, said the law violated provisions of the 1970 Illinois Constitution known as the pension protection clause. The clause says public employee pensions are a contractual relationship with government and benefits cannot be diminished or impaired.

The December 2013 law called for curbing automatic and compounded annual cost-of-living increases for retirees, extending retirement ages for current state workers and limiting the amount of salary used to figure pension benefits.

Karmeier rejected arguments by the state that economic necessity forced curbing retirement benefits despite the constitution’s pension protections.

“Our economy is and has always been subject to fluctuations, sometimes very extreme fluctuations,” Karmeier said.

But, he noted, “The law was clear that the promised benefits would therefore have to be paid and that the responsibility for providing the state’s share of the necessary funding fell squarely on the legislature’s shoulders.

“The General Assembly may find itself in crisis, but it is a crisis which other public pension systems managed to avoid and… it is a crisis for which the General Assembly itself is largely responsible,” Karmeier wrote.

The full decision can be read below.

 

Pension Decision

 

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New York Lawmakers Back Off Pension Forfeiture Proposal

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A measure that would strip pensions from corrupt public officials has stalled in the New York legislature this week.

State lawmakers this month passed a series of ethics reforms, but the pension forfeiture component was left out of the larger package.

Now, it seems unlikely the measure gets passed at all.

The point of contention from unions is that the measure, if it became law, could be used against any public employee – not just lawmakers.

From the New York Times:

One measure — to strip pensions from corrupt public officials — has stalled in the New York Assembly because of objections from unions representing public employees.

What initially appeared to be a trivial delay — amending the Constitution is inevitably a lengthy process — now appears more serious. Assembly Democrats, responding to opposition from unions, have raised concerns about whose pensions could be at risk.

[…]

The proposed constitutional amendment also uses the term “public official.” Specifically, it says that a public official “who is convicted of a felony related to public office shall be deemed to have willfully breached such contractual relationship.”

That language has unions worried.

“The concern is that you’re going in with a constitutional change diminishing a benefit retroactively and establishing a precedent in that respect,” said Stephen Madarasz, a spokesman for the Civil Service Employees Association, which represents state and local government workers.

Passing the measure was always going to be tough, because it requires a constitutional amendment. That means the measure has to be approved by two separate legislative sessions, as well as by voters.

 

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Christie: State Revenue Surplus Will Go Straight to Pension Fund

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The Chris Christie administration this week indicated that revenue totals this year could exceed projections, and that any surplus revenue will go straight to the state’s pension fund.

From CBS New York:

The government expects about $200 million more in tax revenue for the current fiscal year, Treasurer Andrew Sidamon-Eristoff told the Assembly Budget Committee on Wednesday.

He said the cash will go toward the state’s outstanding pension payment.

“Gov. Christie is committed to making as large a pension payment as possible while we pursue reforms to fix the pension system once and for all,” Sidamon-Eristoff said.

Democrats who control the Legislature said the development was welcome news but pointed out the payment is still short of what is owed.

[…]

Last month, Christie slammed Democratic lawmakers for getting involved in the lawsuit over pension payments, saying they were “essentially suing themselves.”

The treasurer is set to testify again about state revenues before lawmakers later this month.

New Jersey is currently making arguments in front of the state Supreme Court. They are appealing a lower court’s ruling that the state needed to pay its full required pension contribution in 2015.

 

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CPPIB Pays $1.6 Billion for Big Stakes in UK Telecommunications Firms

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The Canada Pension Plan Investment Board (CPPIB) revealed on Thursday that it has purchased a stake, worth about $1.6 billion, in two U.K. telecommunications companies.

The companies – O2 U.K. and Three U.K. – will merge upon completion of the deal. After the merger, the CPPIB will own a 12 percent stake in the firm.

More from a release:

Canada Pension Plan Investment Board (CPPIB) announced today that it has signed an agreement to acquire an approximate 12% stake, by investing GBP 1.1 billion alongside Hutchison Whampoa (HWL), in the entity that will be created by merging O2 U.K. and Three U.K. CPPIB is among a number of investors including GIC Pte Ltd, Caisse de depot et placement du Quebec, Limpart Holdings Limited, a wholly-owned subsidiary of the Abu Dhabi Investment Authority, and BTG Pactual, who have agreed to invest GBP 3.1 billion in total in the new merged entity, alongside HWL.

[…]

“This is an exceptional opportunity to acquire a meaningful stake in what will become a leading mobile operator in the U.K., giving us immediate scale in an important sector,” said Mark Jenkins, Senior Managing Director & Global Head of Private Investments, CPPIB. “We expect this investment will generate attractive long-term risk-adjusted returns, which is appealing for an investor like CPPIB.”

Mr. Jenkins added, “This is also an excellent opportunity to continue investing in the U.K., an important market for CPPIB, and we look forward to working with Hutchison Whampoa to continue growing this business.”

The deal may not close until 2016.

 

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Oregon Court’s Pension Decision Will Have Ripple Effect on State Finances, Says Moody’s

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The Oregon Supreme Court last week overturned a series of pension cuts enacted in 2013, paving the way for public employees and retirees to see their COLAs restored.

Moody’s weighed in on the fiscal impact of the ruling in a report on Tuesday, saying the ruling was a “credit negative” for the state.

Moody’s explanation, from Business Insurance:

A recent decision by the Oregon Supreme Court overturning cuts to public pensions is a “credit negative” that will hurt the budgets of both the state and its cities, Moody’s Investors Service Inc. said in a report Tuesday.

Moody’s said the ruling wiped out roughly $5 billion in pension savings and eliminated ongoing savings already incorporated into state and local budgets, including $131 million, or about 1%, of Oregon’s current state budget.

The ruling will also increase pension contribution rates, Moody’s said. The state will have to raise employer contributions to 17.1% of payroll from roughly 10.6%, starting in 2017, while local governments’ contribution will rise to an average of 16% from 11%.

“Many of Oregon’s local governments have outsized pension burdens,” Moody’s said.

The ratings agency said its “credit negative” declaration does not connote a rating or outlook change, but rather indicates a distinct event among many credit factors affecting the debt issuer.

Other reports have indicated current state lawmakers have little appetite for further pension changes.

 

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Colorado Pension Bond Proposal Falls Apart in Senate

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The Securing Contributions for Retirement Earnings (SCORE) Act – the bill that would have authorized Colorado to issue $10 billion in pension obligation bonds – hit a dead end in the state Senate on Wednesday after easily passing the House.

Some lawmakers thought the bill was moving too fast to properly evaluate the risk involved.

More from the Denver Business Journal:

A bill that supporters say would have reduced the $23 billion unfunded liability of Colorado’s Public Employees Retirement Association by issuing pension obligation bonds died Tuesday morning in the Senate Finance Committee.

[…]

Under the proposal, employer and employee contributions into PERA would be used to pay for bonds in a financing program that is described like refinancing a house at a lower interest rate.

But the bill had a set of complex covenants attached to it, said Ben Valore-Caplan, a former member of the PERA who resigned last month over his concerns about the bill.

Throughout the debate in the House, there was hardly a mention of the covenants, which were complex and could have triggered a potential default situation, thereby kicking Colorado out of the capital market, he said.

SCORE, which was House Bill 15-1388, faced an uphill battle in the Senate when one of the co-sponsors backed out. Sen. Chris Holbert, R-Douglas County, said the bill was too much to digest so late in the session.

“If pension obligation bonds can be used to reduce the time frame in which the state’s pension program can be fully funded, and or reduce liabilities to the taxpayers of Colorado, then backers of this proposal should build support in the interim and bring this idea back next year,” he said.

The bill – officially called House Bill 15-1388 – can be read here.

 

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