CalPERS Board to Study Impact of Income Inequality on Pension Funds

Calpers

CalPERS’ Board of Administration will discuss the impact of income inequality on institutional investors at their next meeting, according to slides made available on the pension fund’s website.

The Board of Administration’s investment committee will discuss the issue next week.

More from the National Law Review:

The slide presentation prepared for next week’s meeting identify the following three priorities:

* Proxy Access

* Climate Change

* Exploration of Income Inequality

According to the slides, “exploration” consists of the CalPERS staff reading up on income inequality (or as expressed in slides, a “comprehensive review of research and analysis related to income inequality and its impact, if any, on institutional investors”). Apparently, the staff has already started reading because the slides include this quotation from Thomas Picketty’s book, Capital in the Twenty-First Century:

“When the rate of return on capital exceeds the rate of growth of output and income, as it did in the nineteenth century and seems quite likely to do again in the twenty-first, capitalism automatically generates arbitrary and unsustainable inequalities that radically undermine the meritocratic values on which democratic societies are based.”

View the slides here.

 

Photo by  rocor via Flickr CC License

Philadelphia Mayor Comes Out Against Pension Bonus Payments

Philadelphia

Philadelphia’s pension system is only 47 percent funded – but due to a unique policy, it will be handing out bonus checks to many retirees in 2015 to the tune of $62.4 million.

That’s because the system pays out a bonus when it exceeds a set investment return target.

The target in 2014 was 8.85 percent. The fund returned over 11 percent.

So, retirees will receive a bonus for the first time since 2008.

But city Mayor Michael Nutter is now criticizing the bonus payments, saying they “jeopardize…the future health of the pension fund in a significant way.”

More on Nutter’s comments, from Philly.com:

Current Mayor Nutter said Tuesday that the law is financially irresponsible and raises questions about Kenney’s judgment as a mayoral candidate.

“We cannot always do everything we want, even if those things are to make people feel better,” Nutter said. “To run a big city, you have to not only deal with the issues of the present, but you need to be able to see the long-term impact of your actions.”

[…]

“Purely for political reasons, from my perspective, in an election year, City Council removed the minimum threshold,” said Nutter, who was not in office at that time. “In doing so, from my perspective, they jeopardized the future health of the pension fund in a significant way.”

Finance Director Rob Dubow said the pension fund crisis has taken an increasingly larger bite of the city’s revenue over time. About 7 percent of the budget went to the pension fund a decade ago, he said, a figure that is now up to 15 percent.

“Those are dollars we would otherwise spend on city services for everybody, retirees and the rest of our citizens,” Nutter said.

Before 2007, the bonuses could only be paid out if the pension fund was 76 percent funded or more.

But then-Councilman James F. Kenney lifted the funding limit on the bonus payments.

 

Photo credit: “GardenStreetBridgeSchuylkillRiverSkylinePhiladelphiaPennsylvania” by Massimo Catarinella – Own work. Licensed under CC BY 3.0 via Wikimedia Commons – http://commons.wikimedia.org/wiki/File:GardenStreetBridgeSchuylkillRiverSkylinePhiladelphiaPennsylvania.jpg#mediaviewer/File:GardenStreetBridgeSchuylkillRiverSkylinePhiladelphiaPennsylvania.jpg

CalSTRS Updates Corporate Governance Principles; Supports Board Nomination Power For Prominent Shareholders

board room chair

CalSTRS has updated its set of corporate governance principles to include support for proxy access – the right of a shareholder to nominate corporate board members.

The pension fund supports giving proxy access to shareholders that own at least three percent of a company’s shares for at least three years.

More from a release:

The updated principles, for the first time, specify CalSTRS support of proposals giving a group of shareholders, owning three percent of a company’s shares for at least three years, access to board nominations and to the company’s proxy statement. The CalSTRS Corporate Governance Principles lay out the basis for how the fund carries out its corporate governance initiatives. The Investment Committee adopted the updates at its February 6 meeting.

“CalSTRS has steadfastly supported the 2011 rule, proposed by the Securities and Exchange Commission, that allows shareholder groups access to board director nominations with what we call a three-and-three ownership structure,” said CalSTRS Director of Corporate Governance Anne Sheehan. “We firmly believe this is the most appropriate threshold for proxy access.”

[…]

Without a universal rule from regulators, CalSTRS and like-minded institutional investors have waged proxy access efforts, company by company.

“CalSTRS will, in the coming proxy season, support any shareholder proposal that includes a three-and-three group structure,” said Ms. Sheehan. “Our intention is to oppose any proxy access proposal with a structure more onerous than three-and-three ownership by a group of shareholders.”

[…]

CalSTRS Corporate Governance unit will also urge fellow shareholders to withhold their votes from company directors who either exclude a three-and-three shareholder proposal from the proxy statement, or who deliberately preempt such a shareholder proposal with one of their own that establishes more excessive thresholds.

Read the full release here.

Read the pension fund’s Corporate Governance Principles here.

Norway Pushes Pensions to Up Investments in Domestic Private Equity

Norway

A report released by the Norwegian government encourages the country’s pension funds to increase their investments in domestic private equity; the country is looking to boost the financing of its more innovative companies.

According to the report, interest in domestic private equity has fallen rapidly in the last eight years.

From Investments and Pensions Europe:

Norwegian pension providers should increase their exposure to domestic private equity to improve the country’s growth prospects, an in-depth government report has suggested.

According to the productivity commission, the state should also recognise that regulation has acted as a barrier to competition in the provision of public sector pensions, with the report pointing to the departure of DNB and Storebrand, leaving only KLP to bid for local authority provision.

The commission’s initial, 542-page report will now be examined by the government before a second paper puts forward concrete reform proposals on how the Norwegian economy should adapt as the role played by the oil industry declines.

It noted that there had been a marked fall in interest from domestic private equity funds since 2007, when the industry agreed to 160 first commitments.

The figure fell to just 15 a year by the end of 2013.

[…]

It concluded that there was room for long-term investors, including pension providers, to increase their role in funding start-ups and small and medium enterprises (SMEs).

Read IPE’s interview with the chief executive of Norges Bank Investment Management here.

Leo Kolivakis on Paying Pension Executives

cut up one hundred dollar bill
Photo by TaxCredits.net

This week, the Financial Times released a list of the highest-paid pension CEOs, and interviewed observers from several corners who criticized the high compensation totals.

On Wednesday, Leo Kolivakis of Pension Pulse weighed in on pension executive pay in an extensive piece. The post is re-printed below.

_____________________________________

 By Leo Kolivakis, Pension Pulse

It’s about time the media and non-profit organizations start scrutinizing executive pay at public pension funds. I’ve been covering the good, the bad and downright ugly on executive compensation at Canada’s large public pension funds since the inception of this blog back in June 2008.

In fact, my very first post was on the ABCP of pension governance where I wrote:

If compensation is tied to performance and benchmarks, doesn’t the public have a right to know whether or not the benchmarks used to evaluate this performance accurately reflect the risks taken by the investment manager(s)?

The dirtiest secret in the pension fund world is that benchmarks used to reference the performance of private investments and hedge fund activities in public pension funds are grossly underestimating the risks taken by the managers to achieve their returns. Moreover, most of the “alpha” from these investment activities is just “beta” of the underlying asset class. Why are pension executives being compensated for what is essentially beta?!?!?

There is a disconnect between public market benchmarks and private market benchmarks. Most pension funds use well known public market benchmarks like the S&P 500 to evaluate the performance of their internal and external managers. Public market benchmarks are well known and for the most part, they accurately reflect the risks that investment managers are taking (the worst example was the ABCP fallout at the Caisse which the media keeps covering up).

But there are no standard private market benchmarks; these investments are illiquid and valued on a quarterly basis with lags. This leads to some serious issues. In particular, if the underlying benchmark does not reflect the risk of private market investments, a pension fund can wipe out its entire risk budget if real estate or private equity gets hit hard in any given year, which is not hard to fathom in the current environment.

I followed up that first blog comment with my second comment on alternative investments and bogus benchmarks where I used the returns and benchmarks of real estate investments at a few of Canada’s large public pension funds to demonstrate how some were gaming their benchmarks to claim “significant outperformance and value-added” in order to justify their multimillion compensation packages even as their funds lost billions during the crisis.

In April 2009, I went to Parliament Hill where I was invited to speak at the Standing Committee on Finance on matters relating to pensions (after that hearing, I was even confronted by Claude Lamoureux, the former CEO at Ontario Teachers largely credited for starting this trend to pay top dollars to senior pension fund managers, which then spread elsewhere). There, I discussed abuses on benchmarks and how pension fund managers routinely game private market benchmarks to create “value-added” in their overall results to justify some seriously hefty payouts for their senior executives.

This brings me to the list above (click on image at the top). Where is Gordon Fyfe, the man who you can all indirectly credit for this blog? He should be right up there at the top of this list. He left PSP for bcIMC this past summer right on time to evade getting grilled on why PSP skirted foreign taxes, embarrassing the federal government.

In fact, over the ten years at the helm of PSP Investments, a federal Crown corporation that is in charge of managing the pensions of people on the federal government’s payroll, Gordon Fyfe and his senior executives literally made off like bandits, especially in the last few years. This is why I poked fun at them when I covered PSP’s FY 2014 results but was dead serious when I wrote this:

And why are benchmarks important? Because they determine compensation. Last year, there was an uproar over the hefty payouts for PSP’s senior executives. And this year isn’t much different.

[Click here for picture].

As you can see, PSP’s senior executives all saw a reduction in total compensation (new rules were put in place to curb excessive comp) but they still made off like bandits, collecting millions in total compensation. Once again, Mr. Fyfe made the most, $4.2 million in FY 2014 and a whopping total of close to $13 million over the last three fiscal years.

This type of excessive compensation for public pension fund managers beating their bogus private market benchmarks over a four-year rolling return period really makes my blood boil. Where is the Treasury Board and Auditor General of Canada when it comes to curbing such blatant abuses? (As explained here, the Auditor General of Canada rubber stamps financial audits but has failed to do an in-depth performance audit of PSP).

And don’t think that PSP’s employees are all getting paid big bucks. The lion’s share of the short-term incentive plan (STIP) and long-term incentive plan (LTIP) was paid out to five senior executives but other employees did participate.

But enough ranting about PSP’s tricky balancing act, I’ve covered that topic ad nauseum and think the Auditor General of Canada really dropped the ball in its 2011 Special Examination which was nothing more than a sham, basically rubber stamping the findings of PSP’s financial auditor, Deloitte.

Nothing is more contentious than CEO pay at public sector organizations. The Vancouver Sun just published an article listing the top salaries of public sector executives where it states:

Topping this year’s salary ranking is former bcIMC CEO Doug Pearce, with total remuneration of $1.5 million in 2013, the most recent year for which data is available. That’s a 24-per-cent jump from his pay the year before of $1.2 million.

It could be the last No. 1 ranking for Pearce, who has topped The Sun’s salary ranking several times: he retired in the summer of 2014 and was replaced by Gordon Fyfe.

Wait till the socialist press in British Columbia see Fyfe’s remuneration, that will really rattle them!

It’s worth noting however even in Canada, compensation of senior public pension fund managers varies considerably. On one end of the spectrum, you have Jim Leech and Gordon Fyfe, and on the other end you have Leo de Bever, Michael Sabia and Doug Pearce, Fyfe’s predecessor at bcIMC (Ron Mock currently lies in the middle but his compensation will rise significantly to reflect his new role).

Mark Wiseman and André Bourbonnais, PSP’s new CEO, actually fall in the upper average of this wide spectrum but there’s no doubt, they also enjoyed hefty payouts in FY 2014 (notice however, Wiseman and Bourbonnais made the same amount, which shows you their compensation system is much flatter than the one at PSP’s).

Still, teachers, police officers, firemen, civil servants, soldiers, nurses, all making extremely modest incomes and suffering from budget cuts and austerity, will look at these hefty payouts and rightfully wonder why are senior public pension fund managers managing their retirement being compensated like some of Canada’s top private sector CEOs and making more than their private sector counterparts working at mutual funds and banks?

And therein lies the sticking point. The senior executives at Ontario Teachers, CPPIB, PSP, bcIMC, AIMCo, OMERS, Caisse are all managing assets of public sector workers that have no choice on who manages their assets. These public sector employees are all captive clients of these large pensions. I’m not sure about the nurses and healthcare workers at HOOPP but that is a private pension plan (never understood why it is private and not public but the compensation of HOOPP’s senior executives is in line with that at other large Canadian pension funds, albeit not as high even if along with Teachers, it’s arguably the best pension plan in Canada).

Of course, all this negative press on payouts at public pension funds can also be a huge distraction and potentially disastrous. Importantly, Canada’s large public pension funds are among the best in the world precisely because unlike the United States and elsewhere, they got the governance and compensation right, operating at arms-length from the government and paying people properly to deliver outstanding results in public and private markets.

And let’s be clear on something, the brutal truth on defined-contribution plans is they simply can’t compete with Canada’s large defined-benefit pensions and will never be able to match their results because they’re not investing across public and private markets, they don’t have the scale to significantly lower costs and don’t enjoy a very long investment horizon. Also, Canada’s large pensions invest directly in public and private assets and many of them also invest and co-invest with the very best private equity, real estate funds and hedge funds.

In other words, it’s not easy comparing public pension fund payouts to their private sector counterparts because the skills required to manage private investments are different than those required to manage public investments.

I’ll share something else with you. I remember having a conversation with Mark Wiseman when I last visited CPPIB and he told me flat out that he knows he’s being compensated extremely well. He also told me even though he will never be able to attract top talent away from private equity funds, CPPIB’s large pool of capital (due to captive clients), long investment horizon and competitive compensation is why he’s able to attract top talent from places like Goldman Sachs.

In fact, Bourbonnais’s successor at CPPIB, Mark Jenkins, is a Goldman alumni but let’s be clear, most people are still dying to work at Goldman where compensation is significantly higher than at any other place.

But we need to be very careful when discussing compensation at Canada’s large pensions. The shift toward private assets which everyone is doing — mostly because they want to shift away from volatile public markets and unlock hidden value in private investments using their long investment horizon, and partly because they can game their private market benchmarks more easily —  requires a different skill set and you have to pay up for that skill set in order to deliver outstanding long-term results.

Also, as I noted above, Canadian pensions invest a significant portion of their assets internally. This last point was underscored in an email Jim Keohane, CEO of HOOPP, sent me regarding the FT article above where he notes (added emphasis is mine):

You have to be careful with this type of simple comparison of Canadian pension plans with their US, European and Australian counterparts. It is a bit like comparing apples to oranges because the Canadian pension funds operate very different business models. The large Canadian funds use in house management teams to manage the vast majority of their assets, whereas most of these foreign funds mentioned outsource all or a significant portion of their assets to third party money managers. They are paying significantly larger amounts to these third party managers to run their money as compared to the amounts that Canadian pension funds pay their internal staff. As a result, their total implementation costs are significantly higher than Canadian funds. The right metric to compare is total implementation costs, and on this metric, Canadian funds are among the most efficient in the world.

We have very low implementation costs, with investment costs of approximately 20bps and total operating costs including the admin side between 30 and 35bps. We hire top investment managers to run our money and need to pay market competitive compensation to attract and retain them. I would agree that our long term nature and captive capital make us an attractive place to work so we don’t have to be the highest payer to attract talent, but we need to be in the ballpark. Running our money internally is significantly cheaper than the outsourcing alternative. It also allows you to pursue strategies that would be very difficult to pursue via an outsourcing solution, and it enables much more effective risk management.

One of the main reasons why Canadian pension plans have been successful is the independent governance structures that have been put in place. This enables funds like HOOPP to be run like a business in the best interest of the plan members. It is in the members best interest to implement the plan at the lowest possible cost. The cheapest way for us to run the fund is using an in-house staff paying them competitive compensation rather than outsource which would be much more costly. To put this in perspective, a few years ago we had 15% of our fund outsourced to third party money managers, and that 15% cost more to run than the other 85%!

Many of the international funds used for comparison in the article have poor governance structures fraught with political interference *which makes it politically unpalatable to write large cheques to in-house managers, so instead they write much larger cheques to outside managers because it gets masked as paying for a service. This is not in plan members best interests.

I agree with all the points Jim Keohane raises in regard to the pitfalls of making international comparisons.

But does this mean we shouldn’t scrutinize compensation at Canada’s large public pensions? Absolutely not. A few weeks ago when I discussed whether pensions are systemically important with Jim, I said we don’t need to regulate them with some omnipotent regulator but we definitely need to continuously improve pension governance:

… I brought up the point that in the past, Canadian public pensions have made unwise investment decisions, and some of them could have exacerbated the financial crisis.  The ABCP crisis had a somewhat happy ending but only because the Bank of Canada got involved and forced players to negotiate a deal, averting a systemic crisis. And we still don’t know everything that led to this crisis because the media in Quebec and elsewhere are covering it up.

I also told him we need to introduce uniform comprehensive performance, operational and risk audits at all of Canada’s major pensions and these audits need to be conducted by independent and qualified third parties that are properly staffed to conduct them. I blasted the Auditor General of Canada for its flimsy audit of PSP Investments, but the truth is we need better, more comprehensive audits across the board and the findings should be made public.

Another thing I mentioned was maybe we don’t need any central securities regulator. All we need is for the Bank of Canada to have a lot more transparency on all investment activities at all of Canada’s public and private pensions. The Bank of Canada already has information on public investments but it needs more input, especially on less liquid public and private investments.

This is where I stand. I think it’s up to Canada’s large public (and private) pension funds to really make a serious effort in explaining their benchmarks, the risks they take, the value-added and how it determines their compensation in the clearest, most transparent terms but I also think we need independent overview of their investment and operational activities above and beyond what their financial auditors and public auditors currently provide us.

Importantly, there’s a huge gap that needs to be filled to significantly improve the governance at Canada’s large pensions, even if they are widely recognized as having world-class governance.

Finally, I remind all of you that it takes a lot of time and effort to share these insights. I’ve paid a heavy price for being so outspoken but I’m proud of my contributions and rest assured, while we can debate compensation at Canada’s large pensions, there’s no denying I’m THE most underpaid, under-appreciated senior pension analyst in the world!

California Bill Would Force CalPERS, CalSTRS To Divest From Coal

smoke stack

California Senate President Kevin de Leon has introduced a bill that would force the state’s pension funds to exit all coal investments.

Additionally, CalSTRS and CalPERS would be prohibited from making new coal investments until 18 months after the bill becomes law.

De Leon hinted in November that he would introduce such a bill, and the pension funds had already responded negatively to the proposal.

More from the Guardian:

The California senate leader, Kevin de Leon, said he was introducing a bill on Tuesday calling on the two state funds – CalPERS, the public employees’ pension fund, and CalSTRS, the teachers’ pension funds, drop all coal holdings.

The bill is part of a larger package of climate measures – endorsed by Governor Jerry Brown – aimed at gearing up California’s efforts to fight climate change.

The former US vice-president and climate champion Al Gore spoke to the CalSTRS board in Sacramento last Friday. Gore has long argued that fossil fuels are a risky proposition as a long-term investment.

“Our state’s largest pension funds also need to keep their eyes on the future,” De Leon, a Democrat, said in an email. “With coal power in retreat, and the value of coal dropping, we should be moving our massive state portfolios to lower carbon investments and focus on the growing clean-energy economy.”

The two state funds are the biggest targets so far of a divestment movement that has moved from college campuses towards mainstream financial conversation.

[…]

De Leon’s proposal calls on managers of both state funds to withdraw from all coal companies, and make no new investments in coal within 18 months after the bill becomes law.

It further calls on the two funds to explore the feasibility of expanding its divestment, by divesting entirely from fossil fuels – including natural gas – and report back to the state legislature by 2017.

CalSTRS and CalPERS have a combined $299 million invested in coal assets, according to de Leon’s office.

 

Photo by  Paul Falardeau via Flickr CC License

Kentucky Teachers’ Pension Bond Proposal Clears House Committee; Vote Could Come Next Week

Kentucky

Legislation is moving forward that would let the Kentucky Teachers Retirement System (KTRS) issue $3.3 billion in bonds to help ease the system’s funding shortfall.

On Tuesday, the bill cleared Kentucky’s House Budget Committee without any opposition.

The bill’s sponsor, House Speaker Greg Stumbo, said a House vote could be coming as soon as next week.

If passed, the plan’s success hinges on KTRS investment returns exceeding the interest on the issued bonds.

More from the Courier-Journal:

Without a clear plan to ante up more money, lawmakers on the powerful House Budget Committee are backing legislation that would let KTRS issue $3.3 billion in bonds to prop up its investments over the next eight years.

[…]

If approved, KTRS would issue the bonds in fiscal year 2016. Pension officials estimate that they can borrow money at 4.5 percent interest and earn returns of 7.5 percent through investments. The plan also calls on the state to begin gradually increasing contributions in the next budget cycle.

All together, that would cut the state’s annual retirement contribution in half — from more than $800 million each year to about $400 million a year — by 2026.

KTRS says it can cover the costs by reshuffling finances for certain benefits and by reappropriating debt service that’s already in the state budget and slated to retire.

Stumbo says he traditionally opposes pension bonds but argued Tuesday that the state could capitalize on interest rates, which have dropped to 50-year lows. “That makes this window of opportunity that we have so attractive,” he said.

The measure is officially called House Bill 4.

Illinois Union President: Taxpayers Would Lose With Switch to 401(k)

401k jar

When Illinois Governor Bruce Rauner was on the campaign trail, he touted his preferred solution to the state’s pension problems: shifting new hires into a system that more resembled a 401(k) plan than a traditional pension.

The idea is commonplace and has been incorporated into dozens of state and local pension plans across the country.

Michael T. Carrigan, president of the Illinois AFL-CIO, has penned a piece lambasting the idea that 401(k)s should replace traditional pensions.

From the piece:

It’s not just basic finance, it’s common sense: A large pool of money invested by professionals will yield far greater returns than small, separate accounts managed by individuals with no professional training in finance.

So why do some think that ending Illinois’ defined benefit pension system and moving workers into privatized, 401(k)-style accounts is a good idea?

[…]

New data from the National Institute for Retirement Security shows just how much Illinois taxpayers stand to lose if we switch to privatized accounts. To provide workers with the same modest retirement benefits, traditional pensions are 48 percent less expensive than 401(k)-style plans. That’s a 48 percent savings to Illinois taxpayers.

According to NIRS, there are a few key reasons why defined benefit pensions are more cost effective:

– Pension plans enjoy higher investment returns and lower fees than individual accounts, generating a 27 percent cost savings.

– Unlike individual investors who generally enjoy high-risk, high-reward investment strategies when they’re young but switch to lower-risk portfolios that yield far lower returns as they age, pension plans can maintain a balanced portfolio that yields consistently high returns, generating an 11 percent cost savings.

– Pension plans pool longevity risk, meaning that they only have to save for the average life expectancy of a group of individuals. Workers in a 401(k) plan need an investment strategy that provides for the event that they live a longer than average life. Longevity risk pooling generates a 10 percent cost savings.

What’s more, cutting public workers’ retirement security by transitioning them to a 401(k) has its own set of unforeseen costs.

The average Illinois public employee makes a salary that is 13.5 percent less than their similarly educated counterparts in the private sector, trading front-end benefits like salary for back-end benefits like pension payments. With pension benefits gone, the state of Illinois may have to drastically increase public sector salaries or risk losing teachers, police officers, firefighters, and thousands of other critical workers.

Read the entire piece here.

 

Photo by TaxCredits.net

Jacksonville Voters Could Decide Fate of Sales Tax to Fund Pension Debt

Florida

A Jacksonville city councilman has moved forward with the idea of levying a sales tax to help fund the city’s Police and Fire Pension Fund.

The tax would have to be passed by voters, and could appear on the May ballot.

From WOKV:

Councilman Bill Gulliford has filed a bill which would allow a sales tax option to get on to the May ballot. The tax can’t be specifically earmarked for the pension debt, but rather it is for fire services. The intent behind the action is to use the tax as revenue for fire services and then take the money in the budget that would have been used for that and dedicate it toward the pension debt pay down.

Unfortunately, the process has another hitch still.

By state law, any new sales tax is offset by a change in the property tax. So, in order to actually generate revenue from the new sales tax, the City Council would have to vote to raise the property tax rate, but again that would drop back down when the sales tax takes effect.

Jacksonville Mayor Alvin Brown has repeatedly said he opposes any tax increases, so it’s unclear if he will move to veto the measure.

 

Photo credit: “Bluefl”. Licensed under Public Domain via Wikimedia Commons – http://commons.wikimedia.org/wiki/File:Bluefl.png#mediaviewer/File:Bluefl.png

Alaska Supreme Court Hears Case Over Benefit Tiers

alaska map

In the last decade, Alaska has overhauled its pension system by shifting public workers out of a traditional pension system and into a 401(k)-style system.

But another important change has, until now, flown largely under the radar. Alaska’s public employees used to be able to leave their jobs and come back later while still qualifying for the same benefit “tier”.

But the state changed that rule, so public employees who leave and come back can no longer be reinstated under the same tier. In essence, they have to start from square one again.

The state’s Supreme Court is now considering the legality of the change.

More from Juneau Empire:

Three justices of the high court traveled to Juneau Tuesday to hear grievances about a former state worker who, due to the law change, would be prevented from receiving the same level of retirement benefits as before if he returned to state employment.

Attorney Jon Choate, who along with his father attorney Mark Choate represents Peter Metcalfe, says the state of Alaska “broke its promise” to Metcalfe and as many as 85,000 former Public Employees Retirement System (PERS) members when it took away their ability to be reinstated at the same tier level they had when they left state employment.

“If the state makes a deal that lasts the lifetime of a public employee, the state doesn’t get to argue later, ‘Well, I really regret making that deal, it’s too expensive,’” Jon Choate said during oral arguments held at the state courthouse in downtown Juneau. “… Changing health care costs are a significant concern, but they don’t trump constitutional protection.”

Metcalfe is arguing that the state broke its contractual obligation to workers when it pared back benefits and closed off certain tiers to new hires.

The case is Peter Metcalfe v. State of Alaska.

 

Photo credit: “Flag map of Alaska” by 2002_Winter_Olympics_torch_relay_route.svg: User:Mangoman88, using Blank_US_Map.svg by User:Theshibboleth – 2002_Winter_Olympics_torch_relay_route.svgFlag_of_Alaska.svg. Licensed under Public Domain via Wikimedia Commons – http://commons.wikimedia.org/wiki/File:Flag_map_of_Alaska.svg#mediaviewer/File:Flag_map_of_Alaska.svg


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