World’s Largest Pension Continues Governance Changes, Adds Investment Board

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Japan’s Government Pension Investment Fund, the largest pension fund in the world, released plans this week to create a mostly-independent board to oversee investments.

The plan is part of a years-long overhaul of the fund’s portfolio and governance.

Details from Bloomberg:

The $1.1 trillion Government Pension Investment Fund will establish a 10-person committee consisting of nine outsiders and GPIF’s president, the ministry said in a proposal Friday in Tokyo. The new body will be responsible for decision-making and supervising how the pension fund invests its assets, the health ministry said. The aim is to submit a bill to the ordinary session of Japan’s Diet, which usually starts in January.

[…]

“It’s good that change is happening after all these discussions,” Hiroaki Hiwada, a Tokyo-based strategist at Toyo Securities Co., said by phone. “The revamp of the governance structure is in tune with the times.”

The management committee will have one representative of labor, one from the business world and at least one full-time member, according to the ministry’s proposal. They will have five-year terms. GPIF’s chief investment officer, currently Hiromichi Mizuno, can attend meetings but will not be on the committee, according to the plan.

GPIF manages $1.1 trillion in assets.

 

Photo by Ville Miettinen via Flickr CC License

San Bernardino Bankruptcy Plan Cuts Pensions of 23 Retirees

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Reporter Ed Mendel covered the California Capitol in Sacramento for nearly three decades, most recently for the San Diego Union-Tribune. More stories are at Calpensions.com.

San Bernardino’s plan to exit bankruptcy, possibly next year, cuts the pensions of 23 retired police officers who receive an unusual supplement to their regular CalPERS pension.

The supplement paid through a private-sector firm, the Public Agency Retirement System, boosts pensions to the same amount now common among police and firefighters, a standard set by the Highway Patrol in a CalPERS-sponsored bill, SB 400 in 1999.

San Bernardino provided the PARS supplement from 2004 to 2008, when the 23 police officers retired, as a lower-cost way to be competitive in the job market before adopting the more expensive CalPERS formula that critics say is “unsustainable.”

“PARS plan retirees will be the only retired employees in the state of California to have their retirement compensation reduced through bankruptcy proceeding,” a member of the PARS retiree subcommittee, Robert Curtis, said in a court filing this month.

Curtis said unfairly reducing pensions up to 12 percent could result in personal bankruptcy, the loss of homes and health coverage, and other hardships. He asked for a city-provided attorney to represent the PARS retirees.

San Bernardino’s plan to exit bankruptcy would reject the PARS contracts, distribute a $1.8 million trust fund to the 23 retirees, and make no more payments to the supplement, which is said to be underfunded by about $3 million.

The city thought it had an agreement with the PARS retirees last month. But in a court filing last week, the city suggested the emergence of opposition since then could result in even less generous treatment of the PARS retirees.

New public pension supplements, like the one given the 23 San Bernardino police officers, are now banned under a pension reform pushed through Legislature by Gov. Brown three years ago.

San Bernardino can argue that phasing out the PARS supplement leaves the 23 retirees with the pension offered when they were hired, like other officers who retired before the supplement began in 2004.

But the same cannot be said of pensions from the California Public Employees Retirement System and other public retirement systems covered by the “California rule,” a series of state court decisions.

Public pensions can go up but not down — even if, as with SB 400, a pension increase is retroactive, immediately creating debt because the increase was not paid for by previous employer-employee contributions.

A San Bernardino disclosure statement filed Nov. 25 said the city had roughly $323 million in CalPERS pension unfunded liabilities when filing for bankruptcy in 2012.

“These unfunded actuarial liabilties were created primarily by the common council’s decisions to approve enhanced pension benefits to city employees in 2001 and 2007,” said the city filing.

Contributing factors, said the filing, were unfunded retroactive pension increases, heavy CalPERS investment losses during the financial crisis, and an increasing number of retirees with larger pensions and fewer active workers to help pay for them.

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Without cutting pensions, the San Bernardino plan is expected to produce a healthy general fund reserve of 15 percent or more through 2034, according to an update issued by city consultants early this month.

U.S. Bankruptcy Judge Meredith Jury said in October she wanted more discussion of rising pension costs, given the “media perception” that Stockton and Vallejo are in trouble (strongly denied by the city managers) because they failed to cut pensions in bankruptcy.

San Bernardino has deeper problems than the other two cities: a lower average income and weak local economy, years of factional political infighting, and mismanagement that led to a new finance director discovering the city was on the brink of not making payroll.

After an emergency bankruptcy filing in 2012, San Bernardino took the unprecedented step of skipping its payment to CalPERS for most of a fiscal year, running up a debt of $13.5 million and risking termination of its CalPERS contract.

Hoping at first to get aid from CalPERS by stretching out payments, what San Bernardino got was a legal battle and a mediated agreement to repay CalPERS with interest by June 2016, followed by a penalty bringing the total to $18 million.

Regular San Bernardino general fund payments to CalPERS increased from $6 million in fiscal 2000-1 to a projected $22.6 million this fiscal year, said the November city filing.

CalPERS employer rates for San Bernardino police and firefighters were 14 percent of pay in fiscal 2000-1, 39 percent of pay in fiscal 2012-13, and are projected to be 60 percent in fiscal 2019-20.

In other developments, City Manager Alan Parker, who clashed with Mayor Carey Davis, resigned effective Dec. 31. Last week Police Chief Jarrod Berguan was appointed interim manager until Mark Scott, Burbank city manager, takes the post Feb. 8.

Burrtec was selected in November to take over city waste management and retain full-time city employees, part of a strategy to cut costs by contracting for services. The city expects a one-time $5 million payment and annual savings of $2.8 million.

A federal appeals court last week upheld Judge Jury’s ruling that the city charter does not prevent contracting for fire services. Annexation of San Bernardino by the county fire district is expected to yield a $143 parcel tax and lower pension costs, netting $11 million a year.

At a hearing last week, Jury moved on from pensions and asked for an explanation of why the San Bernardino plan only gives some creditors 1 percent of what they are owed and does not raise taxes to pay more debt, the San Bernardino Sun reported.

Voters approved a 1-cent sales tax increase in Vallejo and a ¾-cent sales tax increase in Stockton. The San Bernardino plan would pay only about 1 percent of the amount owed on a $50 million pension obligation bond.

Among the major remaining opponents of the plan are the holder of the unsecured pension bond, EEPK, which is a subsidiary of Commerzbank of Germany, and the insurer of the bond, Ambac.

A request from the San Bernardino bondholders to be treated the same as pensions was rejected by Jury last May, and the ruling is being appealed. Mediation on Nov. 18 and 19 failed to produce a settlement.

Early this month in the Stockton bankruptcy, a federal appeals court rejected an appeal of a 1 percent payment on $30 million in unsecured bonds held by Franklin Templeton, which argued creditors were treated unfairly because pensions are untouched.

Jury predicted last week that the confirmation trial on the San Bernardino plan to exit bankruptcy will begin this spring or summer, the Sun reported. The fourth anniversary of the bankruptcy is Aug. 1.

 

Photo by  Pete Zarria via Flickr CC License

Five New Members Appointed to ERISA Advisory Council

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Secretary of Labor Thomas E. Perez this week named five new members to the 15-member ERISA Advisory Council.

The Council’s official mandate is to “advise the Secretary and submit recommendations regarding the Secretary’s functions under ERISA”.

Who are the new members? BenefitsPro has the details:

Beth A. Almeida, representing the general public, is principal researcher with the Center on Aging at the American Institutes for Research, where she writes on employee benefits, transitions to retirement, and long-term care. She is the former executive director of the National Institute on Retirement Security, and served on the executive board of the Labor and Employment Research Association. Almeida is a member of the Gerontological Society of America.

Patricia M. Haverland, representing employers, is vice president, pension fund management for Siemens’ North American operations, with more than 25 years of experience as a plan sponsor. She has led the investment, design, compliance, and communication of multiasset class investment and funding strategies for U.S. and international pension and 401(k) plans.

Tazewell V. Hurst III, representing employee organizations, is a senior research economist with the International Association of Machinists & Aerospace Workers. His work focuses on contract negotiations on defined benefit pension plans, and he teaches classes on pension fundamentals to rank-and-file union members. His research interests include the impact of financial economics on pension funds and pension fund investments.

Cynthia J. Levering, representing actuarial counseling, retired from Aon Consulting as a senior vice president and consulting actuary in 2009 after 33 years with the firm. She consulted on qualified defined benefit, defined contribution plans, nonqualified plans, and other post­retirement benefits for plan sponsors of various sizes, and also served previously as chair of the Society of Actuaries’ Pension Section Council and the Pension Section Research Team.

Stacy R. Scapino, representing investment counseling, has worked in pensions, investments, and banking for more than 25 years. She is a partner and global leader for Mercer Investments’ Multinational Corporate Consulting activities.

Mark E. Schmidtke was announced as the incoming chair of the Council, and Jennifer Kamp Tretheway the vice-chair.

 

Photo by jypsygen via Flickr CC License

Illinois Budget Stalemate Exacerbating State’s Pension Problems

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The Illinois budget impasse isn’t helping the state’s pension situation – in fact, it’s making it tangibly worse in three respects: first, Illinois has been forced to delay its $560 million pension contribution, due last November.

Second, the situation has spooked investors and made it more expensive to borrow. And third, the impasse has prevented lawmakers from working on pension-related legislation, although Rauner and top lawmakers have still held talks on the subject.

From Bloomberg:

As 2015 draws to a close, Illinois marks half a year without a budget. No spending plan has driven up borrowing costs, sunk its credit rating, and perhaps worst of all, exacerbated the state’s biggest problem: its underfunded pensions.

“The delay on the budget is definitely delaying anything being done about the pensions,” said Dan Solender, head of municipals at Lord Abbett & Co. in Jersey City, New Jersey, which manages $17 billion of local debt, including Illinois general-obligation bonds. The firm is underweight Illinois. “The longer you wait to try to catch up on funding, the worse the situation gets.“

Illinois’s fiscal health will deteriorate further without a budget, hindering its ability to mend its pension system. Moody’s Investors Service dropped Illinois, already the worst-rated state, to the lowest investment-grade tier in October as the budget stalemate dragged on. Last month, Moody’s warned that pensions are Illinois’s “greatest challenge.”

[…]

The lack of a budget forced the state comptroller to delay a $560 million November payment to the state retirement system. Illinois’s unpaid bills totaled $7.6 billion as of Dec. 18, according to that office. The November retirement payment will be paid in the spring when the state has more revenue from income tax collections, according to the comptroller’s staff.

[…]

Illinois is like a patient in the emergency room, said Paul Mansour at Conning, which oversees $11 billion of munis, including Illinois securities. The budget stalemate is the crisis at hand, and the unfunded pension liabilities is the chronic disease that’s only getting worse. The budget standoff is hurting future negotiations on pension changes, he said.

This current budget impasse is the longest in Illinois history.

 

Photo credit: “Gfp-illinois-springfield-capitol-and-sky” by Yinan Chen – www.goodfreephotos.com (gallery, image). Via Wikimedia Commons – http://commons.wikimedia.org/wiki/File:Gfp-illinois-springfield-capitol-and-sky.jpg#mediaviewer/File:Gfp-illinois-springfield-capitol-and-sky.jpg

No Enhanced CPP For Christmas?

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Leo Kolivakis is a blogger, trader and independent senior pension and investment analyst. This post was originally published at Pension Pulse.

Leah Schnurr and Randall Palmer of Reuters report, Ministers eye no action on Canada Pension Plan premium:

Canada’s federal and provincial financial ministers are considering not raising premiums for the Canada Pension Plan (CPP), federal Liberal Finance Minister Bill Morneau said on Monday, despite a Liberal campaign promise to enhance the plan.

The ministers will be considering a range of options over the coming year “from doing nothing because of the economy to more significant changes,” Morneau told reporters after meeting with his provincial counterparts.

The Liberals, elected in October, campaigned on expanding the CPP, but the Canadian Federation of Independent Business warned that a premium increase would boost unemployment, because it does not take profit into account.

The CPP is comparable to the U.S. Social Security program.

The minister said the province of Ontario, which has talked about starting an Ontario pension plan because people are not saving enough, would continue with its process. But he said the Canadian government’s clear hope is that there can be something done nationally.

The seniors’ lobby group CARP Canada criticized the ministers for failing to act on CPP.

CARP members … have given a clear political mandate in two major elections on what they want – specifically a CPP increase. What part of that declaration was unclear to the finance ministers?” asked CARP Executive Vice President Susan Eng in a release.

Bank of Canada Governor Stephen Poloz also briefed the ministers and presented a view of cautious optimism about the country’s economic road ahead, Morneau said.

Andy Blatchford of the Canadian Press also reports, Canada’s finance ministers agree to revisit pension reform talks in the new year:

A federal-provincial gathering of finance ministers reached rare consensus Monday on the polarizing subject of Canada Pension Plan reform — they agreed to keep debating it.

Federal Finance Minister Bill Morneau emerged from two days of discussions with his provincial and territorial counterparts to explain that the group will reconvene midway through 2016 to continue their talks about CPP enhancement.

“Our goal is that in a year from now, we’ll have more to talk to Canadians about, but we did not get to conclusion to what exactly we would be proposing,” Morneau told a news conference in Ottawa.

“We did not commit to any end game, nor in fact was that our objective today. Our objective today was to begin a process to review the potential to move forward.”

Morneau aims to eventually get some consensus on enhancing the Canada Pension Plan, a goal outlined in the new Liberal government’s election platform. The party has not released specifics on what changes could be made to the plan.

Changing the CPP would require support from seven of the 10 provinces representing two-thirds of the country’s population as well as a green light from Ottawa.

But it’s unclear how much support the Liberals will attract when it comes to CPP enhancement, even though the provinces agreed Monday to continue discussing the subject in the new year.

Ontario supports CPP expansion, while other big provinces like Quebec and British Columbia remain unconvinced. Quebec already has a public pension plan and B.C. has concerns about the fragile economy.

Saskatchewan, meanwhile, opposes beefing up the CPP.

“We’re happy with respect to the fact there’s no immediate changes to CPP — we’ve been advocating that,” Saskatchewan Finance Minister Kevin Doherty said Monday after the meetings.

Doherty has voiced his concerns about the negative impacts from the plunge in oil prices on his province’s bottom line.

The economic realities of the country in 12 months will dictate how the provinces proceed with the CPP, he added.

“We’ve agreed on a path forward with respect to coming back a year from now to talk about potential options — including not doing anything,” said Doherty, who noted fellow oil producers in Alberta and Newfoundland and Labrador are also facing intense fiscal pressure.

Quebec Finance Minister Carlos Leitao said, at the other end of the spectrum, the group will also look at the possibility of doubling the size public pensions — like Ontario plans to do. Leitao said he’s wary of going that far, especially since Quebec recently increased its payroll premiums just to maintain the current benefits.

“Whatever happens we have to be very mindful of a potential fiscal shock,” he said. “We want to avoid that.”

Ontario Finance Minister Charles Sousa said he was encouraged the provinces are willing to discuss enhancing the CPP, particularly since he felt some had been “reluctant” and were “pushing back” on the issue.

In the meantime, Sousa will proceed with his province’s own program, the Ontario Retirement Pension Plan, which essentially mirrors the CPP for anyone who doesn’t already have a workplace pension. He said it’s necessary for retirement security.

“We’re going down both tracks because the timing is essential,” said Sousa, who added the province has “off ramps” if changes are made to the CPP.

And lastly, Thomas Walkom of the Toronto Star wrote a stinging comment, Trudeau government wimps out on Canada Pension Plan reform:

Since coming to power, Prime Minister Justin Trudeau’s new Liberal government has taken strikingly bold positions.

It has promised a radically different relationship with Canada’s first nations. It has thumbed its nose at balanced-budget orthodoxy.

It has vowed to fight climate change without nettling the provinces and pledged to fight the Islamic State without engaging in combat.

It has defied both the polls and its critics to welcome thousands of Syrian refugees.

But when it comes to their campaign promise to beef up the Canada Pension Plan, the Trudeau Liberals have wimped out.

They are not doing anything. They are not even bothering to make empty promises about doing anything.

After hosting a federal-provincial meeting this week that dealt with the CPP, all Finance Minister Bill Morneau could provide was a promise to study the issue further and meet again.

It was hardly an example of the federal leadership that Trudeau had promised during the election campaign.

Introduced in 1965, the Canada Pension Plan is a forced savings scheme that serves as the backbone of the country’s retirement system.

Technically, employers and employees split the costs of the CPP. But in the long run, workers bear most of the burden — in the form of wages that are lower than they otherwise would have been.

What these workers get in return is a guaranteed annual retirement pension tied to the rate of inflation.

It’s not a big pension. In 2015, the maximum annual payout was only $12,780. But the idea behind the CPP was that this — combined with workplace pensions and private savings — would provide for a comfortable retirement.

Since then, workplace pension plans have become a rarity as employers strive to cut costs. Moreover, individuals aren’t saving enough on their own.

All of this has put more pressure on Canada’s federal and provincial governments to boost the CPP.

At any given time, most governments think the CPP should be enriched. Even Stephen Harper’s Conservatives were, at one point, committed to increasing CPP premiums and benefits.

Governments reckon, correctly, that if people aren’t required to save enough during their working years, they are more likely to become a burden on public finances when retired.

But small-business employers hate having to pay any kind of payroll tax. Back in 2010, that was enough to turn the Conservative federal government away from reform.

As well, provincial governments get nervous about raising payroll taxes — particularly during the run-up to elections.

At one point, both Quebec and Alberta were opposed to CPP reform — which was enough to kill the idea (amendments require the agreement of Ottawa and seven provinces representing two-thirds of Canada’s population).

By 2013, enough provinces were on side to get something done. But the Harper Conservatives remained opposed.

That’s when Ontario Premier Kathleen Wynne announced plans to set up a supplementary provincial pension scheme in her province. She said she’d scrap those plans if a new government in Ottawa could be convinced to expand the CPP proper.

Her federal Liberal cousins promised to be such a government.

Last June, they issued a statement under the name of then seniors critic John McCallum arguing that the CPP “simply isn’t enough,” and that the Liberals would increase benefits gradually to improve it.

“Clearly, the time is right,” said McCallum, now immigration minister. “All that is missing is federal leadership.”

Alas, that federal leadership is still missing.

Currently, only Saskatchewan and British Columbia seem adamantly opposed to boosting CPP premiums and benefits. If Ottawa wanted to do something, enough other provinces are on side to satisfy the requirements of law.

As well, Morneau could easily mollify those worried about increasing payroll taxes during hard times.

As it is, the law requires a minimum three-year waiting period before implementing any legislated reforms to the CPP. This waiting period could be longer.

In a book called The Real Retirement that Morneau co-authored in 2013, the millionaire finance minister writes that there is no retirement crisis in Canada, that the elderly may work past 65 if their pensions are skimpy and that most seniors can live perfectly well on 50 per cent of their pre-retirement income.

This may explain his laissez faire approach to the CPP. But it isn’t exactly what his party and leader campaigned on.

So here we are, another Christmas goes by and our finance ministers are dithering, “debating” and worse, backtracking on enhancing the CPP (it was three years ago when we debated going slow on enhancing CPP!).

Let me enlighten our Canadian politicians. Canada is screwed, period. I’ve been warning of Canada’s perfect storm since January 2013 and have been short Canada for a long time. Things aren’t going to get better, they’re going to get a whole lot worse. There is no end to the deflation supercycle and I foresee negative interest rates and other unconventional measures in the not too distant future.

But the country’s dire economic situation shouldn’t be a factor against enhancing the CPP now. In fact, quite the opposite, I believe the coming economic crisis is one more reason to start the process and get on with it because as I keep harping in this blog, enhancing the CPP is smart economic policy over the very long run.

I just finished blasting the Trudeau Liberals for the biggest pension gaffe of 2015. Their asinine policy of rolling back the TFSA limit is a dumb populist move to make them look as if they’re going after the rich and helping the poor (in reality, this policy does the opposite).

I want you to all to once again read what a friend of mine sent me over the weekend on negative rates coming to Canada after he read the unintended consequences of negative interest rates in Switzerland:

“I found this article fascinating. Central Banks around the world have been experimenting with the economies of the G20 countries since the crisis. They are doing shit that they have never done before and it is clear that the world has become their Petri dish.

All of this comes from one fundamental issue – a demographic bubble of baby boomers going through the system. The world (including Canada) is completely unprepared for this new economic reality.

When push comes to shove, it is this demographic bubble that will drive the Canadian economy over the next 40 years and, unfortunately, I do not see Canadian policy preparing for this at all.

For example, the country should have increased immigration in 1990s but it did not because the unions stopped it. Instead, they invited high net worth individual to move to Canada (i.e. we want your money without you stealing our jobs). The unintended consequence of this policy was that these “high net worth individuals” came in droves, most of them Chinese and Middle Eastern, and pushed real estate prices skyward in two of our major cities to the point where no one in their 20s can buy a home.

So expect more of the same, Justin is not a visionary. He is simply a populist Prime Minister (no different than Greek PM Tsipras). He got voted in because everybody hated the other guy. He is now implementing tax policy that completely ignores reality but will secure his populist promises (tax the rich – give to the poor). When the next election comes, he will be faced with an opponent who will try to one-up him and the race to bottom will continue.

My reaction to Justin’s tax policy. At a 53% marginal rate, I have a whole bunch of tax advisors looking at what to do to minimize it. I am sure that they will find a loophole than hasn’t been plugged yet. If they don’t, I will just adapt and perhaps leave Canada when I retire with my future tax dollars in hand.”

On bolstering the CPP, my friend sent me this:

“It’s not about left wing or right wing politics. Enhancing the CPP is just a smart move. You’re right, companies are unloading retirement risk on to the state and unless something is done, this demographic nightmare I’m talking about will explode in Canada and we’ll see a huge rise in social welfare costs.”

I suggest our politicians read all about the benefits of defined-benefit plans (they should know all about retiring in EU style) and think long and hard about my friend’s comments on Canada’s demographic time bomb and how we’re ill-prepared for it.

Then I suggest our politicians get to work and introduce real change to Canada’s pension plan. Don’t wait till the economy gets better, if you do you’ll never enhance the CPP. Start thinking long-term and start making decisions which will benefit the country over the very long run. If you do, I promise you Canada will be on much more solid footing the next time we get hit by a global economic and financial crisis.
Photo credit: “Canada blank map” by Lokal_Profil image cut to remove USA by Paul Robinson – Vector map BlankMap-USA-states-Canada-provinces.svg.Modified by Lokal_Profil. Licensed under CC BY-SA 2.5 via Wikimedia Commons – http://commons.wikimedia.org/wiki/File:Canada_blank_map.svg#mediaviewer/File:Canada_blank_map.svg

GASB Issues Three Exposure Drafts

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The Governmental Accounting Standards Board on Tuesday morning issued three exposure drafts.

Descriptions of the drafts, from a release:

The Exposure Draft, Fiduciary Activities, would establish guidance regarding what constitutes fiduciary activities for financial reporting purposes, the recognition of liabilities to beneficiaries, and how fiduciary activities should be reported. The proposed Statement would apply to all state and local governments.

The Exposure Draft, Certain Asset Retirement Obligations, would establish guidance for determining the timing and pattern of recognition for liabilities related to asset retirement obligations and corresponding deferred outflows of resources. An asset retirement obligation is a legally enforceable liability associated with the retirement of a tangible capital asset, such as the decommissioning of a nuclear reactor.

The Exposure Draft, Pension Issues, addresses practice issues raised by stakeholders during the implementation of Statements No. 67, Financial Reporting for Pension Plans, and No. 68, Accounting and Financial Reporting for Pensions.

Click the links above to view the drafts.

Comments can be submitted for each of the drafts until the following dates:

Pension Issues — February 12, 2016

Fiduciary Activities — March 31, 2016

Certain Asset Retirement Obligations — March 31, 2016.

 

Photo by Tom Woodward via Flickr CC License 

Moody’s: CalPERS’ De-Risking Is Credit Positive, But Still Leaves Fund Vulnerable in Short-Term

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CalPERS’ de-risking strategy is a long-term proposition, and still leaves the fund vulnerable in the short-term, according to a new Moody’s report.

But the shift in investment policy is still an overall credit positive for the pension fund, according to the report.

More from Moody’s:

CalPERS is trying to reduce the volatility of its returns, as aging demographics increase the risk to participating governments of any adverse investment performance. To achieve this goal, the pension fund intends to gradually lower the discount rate that it uses to value its liabilities, and invest in less risky assets to reduce its exposure to market volatility.

However, this process will take years to fully implement, and a sharp fall in CalPERS’ asset performance could impact participating government fiscal positions, according to the report, “Higher For Longer – California Pension Cost To Remain Elevated Under CalPERS’ Risk Reduction Plan.”

“Government exposure to pension asset investment earnings declines grows as the CalPERS plan demographics mature,” said Tom Aaron, an Assistant Vice President at Moody’s Investors Service. “Fiscal conditions for California and participating local governments remain highly susceptible to CalPERS’ asset investment performance, even under the new policy.”

CalPERS’ move to less volatile assets does have a positive credit impact on the state and participating local governments. However, the pension plan’s associated changes in discount rates do not impact Moody’s adjusted net pension liabilities for these governments, since we use a discount rate tied to a bond index as of the plan’s measurement date.

Read the full report here [subscribers only].

 

Photo  jjMustang_79 via Flickr CC License

Biggest Pension Gaffe of 2015?

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Leo Kolivakis is a blogger, trader and independent senior pension and investment analyst. This post was originally published at Pension Pulse.

Watching that awkward moment at the end of Miss Universe 2015 on Sunday evening got me thinking about the biggest pension gaffe of the year. Earlier this month, Adam Mayers of the Toronto Star reported, $10,000 TFSA limit gone to help fund tax cut:

Friday’s Throne Speech didn’t mention Tax Free Savings Accounts (TFSAs), but federal Finance Minister Bill Morneau didn’t leave us in suspense for long.

On Monday afternoon, as part of measures to help pay for a middle-class tax cut, Morneau — cheerfully and in a brisk boardroom manner — said the $10,000 annual limit introduced by Conservative Finance Minister Joe Oliver is gone.

The good news is that the $10,000 amount stands for this year and goes into your lifetime total. But as of Jan. 1, it’s back to the future for this popular savings vehicle, dubbed the Totally Fantastic Savings Account by Wealthy Barber David Chilton. It reverts to $5,500 a year.

The Liberals argued during the election that the higher limit only benefits the rich, but I doubt the rich care one way or another about TFSAs. When you have millions to save, the $41,000 in room we all have after seven years isn’t meaningful. The rich have plenty of other ways to take care of themselves.

“It comes down to how you define ‘wealthy’ — which nobody does when making such statements,” says Dan Hallett, a financial planner and vice president of Oakville’s HighView Financial Group.

“And that’s a critical point. Certainly, those who maximize the TFSA contribution limits are more affluent than those that don’t — on average. But that doesn’t mean a higher limit only benefits the wealthy.”

For middle-income Canadians, older Canadians heading into retirement and those already there, the higher limit — and any portion of it they could use — would have been helpful. Savings rates are at record lows, so encouragement to save would seem to be a good thing.

Morneau says the promised middle-class tax cut will average $330 a year for single earners and $540 per couple. He has to pay for that, and imposing a higher tax on those making over $200,000 won’t do the job alone. Rolling back the TFSA is a way to narrow the gap.

Here, the new government is out of touch with the people who elected it. An Angus Reid poll in the middle of the election campaign found that 67 per cent of Canadians opposed rolling back the TFSA limit. By party, NDP supporters liked the increase more than Liberals — 63 per cent vs. 62 per cent — with Conservative supporters highest at 78 per cent.

A study by the Canadian Association for Retired People (CARP) this spring found the same thing. Two-thirds of CARP members supported the extra saving room.

The TFSA has been of particular benefit to older Canadians. It has only been around for seven years and so is a new way to shelter a little more money in retirement. Those 55 and older hold almost half of all TFSA accounts, according to the CRA.

Strict rules force you to convert your RRSP into a Registered Retirement Income Fund (RRIF) when you turn 71. That’s because the government wants the taxes foregone when you put the money into your RRSP and got a refund.

But some older Canadians don’t need all that money to live, on so they use a TFSA to let it grow tax-free.

So here’s where we are:

  • The $10,000 TFSA limit introduced this spring stands for the year. If you don’t contribute the full amount, it becomes part of your lifetime limit.
  • As of Jan.1, the limit reverts to $5,500 per year, which will be indexed, which the $10,000 wasn’t.
  • Morneau said indexing will allow the TFSA to retain its real value. It is set to rise in $500 increments whenever inflation erodes the value by $250.

At a 2 per cent rate of inflation, that bump should come every three years or so, since the $5,500 is worth $110 less each year. The only increase so far was in 2013. It’s unclear when the next one will be.

In the end, the new government had to make choices about how to fund its ambitious agenda. A higher TFSA, cast as a perk for the rich, was an easy choice. But what the middle class is getting in a tax cut isn’t as large as what it’s losing in a higher TFSA limit.

But some people think the TFSA rollback while historic isn’t a big deal. Jennifer Robson, an Assistant Professor at Carleton University, wrote a comment for MacLean’s, The Liberal changes to TFSA contributions were actually historic:

The new government wanted to make its first policy move in the House substantive and symbolic, but it also managed to make it historic. On Monday, the government gave notice that it will introduce a motion (a Ways and Means motion, to be precise) to cut the second federal income tax rate (applied to taxable income between $45,283 and $90,563) and create a new tax bracket applied to taxable incomes of $200,000 or more.

It’s true that this is the first time since 2001 that the basic architecture of federal tax rates has been renovated in a big way. It’s also true that if your taxable income is $45,000 or less, then this tax cut isn’t for you. Finally, yes, it’s true that a person with a taxable income of $120,000 stands to save more ($783) on their federal tax bill than a person with a taxable income of $80,000 ($582).

No, no, that’s not the historic part in my view. Look, 2001 wasn’t that long ago and I’ve written loads before about tax credits and public programs that benefit the better-off.

I’m talking about Clause 9 of the government’s motion that scales back the annual contribution room available to adults who open a Tax-Free Savings Account (TFSA) from the current $10,000 limit introduced for 2015 to the $5,500 annual limit that had done just fine before an election loomed on the horizon. Don’t forget, unused contribution room rolls over each year and there is still no lifetime cap on contributions. This means that between exemptions for home equity, lifetime capital gains rules and the TFSA, it won’t be long before most households in Canada are able to shelter virtually all of their assets from income taxation.

Back before the election, federal officials were at pains to explain that the increase in the TFSA room was well, really, really necessary, because, you see, over a quarter-million low-income Canadians (making less than $20,000 a year) had managed to max out their TFSA room under the $5,500 limit. ”Don’t you understand that these low-income people are just trying to put away some savings? Why do you hate people who are just… frugal?” With the national household savings rate stumbling along at about four per cent these days, shouldn’t we reward those who were saving roughly half of their modest annual incomes?

Well, no, and here’s why: From what I can see, the phenomenon that was offered as”‘the problem” to be fixed is likely temporary.

Looking at data from the 2012 Survey of Financial Security (Statistics Canada) when the TFSA was four years old (offering $20,000 of accumulated room for every adult in Canada) is instructive here:

– Singles and families aged 65 and older are far more likely to own a TFSA than their working-age counterparts (38-47 per cent versus 25-34 per cent respectively).

– Median TFSA balances amongst all working-age singles (under age 65) were just $5,000 (or 25 per cent of that limit) but median balances for singles aged 65+ were $15,000 (75 per cent of the limit). That’s the median, meaning that half of single seniors had TFSA balances between 76 per cent and 100 per cent of their allowable limit.

– Among couples and families, the age-related gap in median TFSA balances persists: $10,000 at the median for working-age households and $20,000 for those aged 65 or older.

– Within the working age population, there are also important age-related differences. Median TFSA values for couples or families aged 35-44 suggest median deposits of about $1,000 per year. But closer to retirement (age 55-64), household TFSA balances suggest median deposits of a little more than $3,500 per year, still well below the old $5,500 limit.

Those older households are, in the vast majority of cases, unlikely to be saving “new” money. Instead, they may well be shifting assets from one source—maybe perhaps proceeds from the sale of a family house that is now too large for their needs; or maybe this is coming from taxable RRIF income that is being recycled into a different and non-taxable registered savings account. Recall that the TFSA doesn’t offer a deduction for (most) deposits, doesn’t create new tax liability on withdrawals and is exempt for the purpose of working out the key income-tested senior’s benefit, the Guaranteed Income Supplement (GIS). Seniors with $20,000 in total personal income have too much income to receive the GIS now, but they may worry about exhausting their savings and needing the GIS later on. In these cases, shifting assets into a TFSA just makes good financial sense.

But that’s not what the TFSA was supposed to be for.

When it was introduced in 2008, the late Jim Flaherty cheerfully called the TFSA “an RRSP for everything else in your life.” His budget communications documents that year offered examples of people saving for all kinds of short- and medium-term uses like vacations and “rainy days.” The literature dating back to at least a 1987 study by the Economic Council of Canada (of which, Liberals, please give thought to reviving that creature to complement the work of a beefed-up Parliamentary Budget Officer) saw tax-prepaid savings as a way to stimulate more saving and investment by giving households choices when RRSP incentives fail. The literature doesn’t seem to have anticipated asset-shifting uses among the already-retired.

Unless the TFSA undergoes more dramatic changes like a lifetime limit, future generations of seniors are unlikely to worry much about annual caps limiting their ability to shift assets around to gain the best tax and benefit treatment. A person aged 55 today will have nearly $100,000 in TFSA room by age 65. And while today’s seniors with low income but some savings may feel cheated by an accident of policy timing, there are many other ways to address some of their concerns—flexibility on RRIF withdrawals for example.

But I still haven’t given you the punchline, have I?

The TFSA is just one among five separate tax-preferred and registered savings instruments in Canada. The first was the RRSP, introduced in 1957. When Kenneth Carter recommended scaling back RRSP limits in his 1966 report on Canadian tax reform, he was summarily ignored. Instead, we have, through relentless incremental policy choices, grown a tax and transfer system that is schizophrenic in its treatment of savings—rewarding people who already have money for saving it but often penalizing small savers. In the last 58 years, there have been exactly zero reductions to annual contribution room to any of these instruments—that is, until now.

By scaling back annual TFSA limits, the new government can keep the flexibility that tax pre-paid accounts offer without encouraging as much asset-shifting among the already comfortable. Promoting economic growth is the stated motive behind this renovation to the income tax brackets. If the government is serious about making that growth inclusive, then removing regressive incentives is a good start at breaking a 58-year trend. But it’s just a start.

Jennifer Robson raises good points in her article but I think the Liberals’ policy to rollback TFSA contributions is the dumbest most populist gaffe the Trudeau government could have done and I explicitly warned against this when I discussed real change to Canada’s pension plan:

 There are other problems with the Liberals’ retirement policy. I disagree with their stance on limiting the amount in tax-free savings accounts (TFSAs) because while most Canadians aren’t saving enough, TFSAs help a lot of professionals and others with no pensions who do manage to save for retirement (of course, TFSAs are no substitute to enhancing the CPP!).

The point I’m trying to make here is that rolling back TFSA limits hurts a lot of hard working people who aren’t rich, they’re just trying to save as much money as possible for retirement because unlike the government bureaucrats that design these policies, they have no defined-benefit pension plan to rely on during their golden years.

And it’s not just hard working people with no pension getting hurt with this asinine TFSA rollback. Neil Mohindra, a public policy consultant based in Toronto wrote a comment for the National Post earlier this month, TFSA rollbacks will hurt the needy:

The debate over maintaining or rolling back the TFSA limit of $10,000 has centred on whether middle class Canadians or only the rich benefit from the higher limit. But a rollback will disproportionately affect middle and lower income Canadians with limited work histories in this country, including new immigrants and Canadians who have spent time as caregivers.

Take the following fictitious example. Jonathan, a welder by trade, immigrated to Canada in his mid-forties with $175,000 in savings. During the three years he needed to qualify for this profession in Canada, he supported himself with minimum wage jobs. Every year he places $10,000 of his savings into his TFSA, to obtain a reasonable standard of living in retirement.

In Jonathan’s case, retirement income and savings in Canada will be limited. His CPP income will be lower because of fewer qualifying years and he will have limited RRSP space and no accumulated TFSA space on arrival in Canada. He will qualify for Old Age Security because of a social security agreement between Canada and his home country that will allow Jonathan to meet the minimum eligibility criteria. Despite earning a good living as a welder, Jonathan could be at risk of having inadequate income in retirement.

Many face Jonathan’s predicament. In the five years ending 2014-2015, 1.3 million immigrants arrived in Canada, 23 per cent of them over age 40 with limited work histories in Canada. While not all immigrants have savings, many will have real assets like houses or pensions that can be converted to savings and brought to Canada. Maintaining the TFSA limit at $10,000 instead of rolling it back to $5,500 allows these new Canadians to convert more savings into tax sheltered investments, reducing any disadvantage they may have relative to other Canadians.

Returning emigrants, people who work in boom-bust industries, and anyone whose working life is disrupted by a physical or mental disability could also be at risk of inadequate retirement income. A very significant group of Canadians at risk are caregivers. Take Mary, a recently widowed 67-year-old who worked full time for five years before quitting to raise children and care for a disabled sister. She worked part-time later in life. She has a modest inheritance from her sister’s estate of $50,000, and a payout from her husband’s life insurance policy of $250,000. Accumulated TFSA space will allow her to earn investment income on these amounts, and she will make modest periodic withdrawals to supplement her retirement income.

Mary, what Statistics Canada would describe as a “sandwiched caregiver,” may be representative of a significant number of Canadians. A Statistics Canada article, based on 2012 data, noted 28 per cent of caregivers, or 2.2 million individuals were sandwiched between raising children and caregiving. The article also indicated that in 2012, 8.1 million individuals, or 28 per cent of Canadians aged 15 years and older, provided some care to a family member or friend with a long-term health condition, disability or aging needs.

In Mary’s case, it is not the annual TFSA limit that is important but the accumulated limit. In her scenario, Mary would not have anywhere near the accumulated space that she needs, since TFSAs were only introduced in 2009. It will actually take 27 years before individuals will have the accumulated space they need for this scenario even at $10,000 per year.

A Broadbent Institute report criticized higher TFSA limit for not necessarily incenting Canadians to save more, rather to shift taxable assets into TFSA accounts. Jonathan and Mary provide counter examples. Maintaining the higher TFSA limit can play a role in helping low and middle income Canadians with limited work history in Canada successfully meet retirement goals.

Nevertheless, it’s not all bad news. As provincial and territorial finance ministers gathered with their new federal counterpart in Ottawa on Sunday night to begin confronting the hard economic truths facing Canada, the good news is there seems to be enough provincial support to boost the CPP.

I can’t overemphasize how crucial it will be to bolster Canada’s retirement policy now more than ever. I’ve been warning of Canada’s perfect storm since January 2013 and think our country will experience a serious crisis in the next few years which will bring about negative interest rates and other unconventional monetary policy responses.

Importantly, this isn’t the time to rollback the TFSA contribution limit or to implement other populist policies “against the rich,” but it’s the time for the bureaucrats in Ottawa to finally get their heads out of their asses and closely examine all pension policies very carefully. Keep what works well and bolster what needs to be bolstered. 

And it’s not just the rollback in TFSA limit that irks me. The age limit on converting RRSPs to RRIFs should be pushed back for seniors who continue to work in their seventies (there’s a reason why they’re working so why should they get penalized?). Also, Ottawa needs to significantly improve the registered disability savings plan (RDSP) which Jim Flaherty started to help Canadians with disabilities and parents with disabled kids to save money for their needs (the program is excellent but there should be an option to have the money managed by CPPIB).

What else? Dominic Clermont, formerly of the Caisse and now back from working at Barra in London sent me this interesting comparison to pt things in perespective:

In the UK, taxpayers can invest in an ISA which is equivalent to our TFSA. The yearly contribution limit for the fiscal year 2015-2016 is £15,240 which at current exchange rate is about $31,600 – much higher than the $10,000 which the Liberals found too high.

Interest rates are so low (you can find savings accounts paying 0.75% interest…), it doesn’t make much sense to tax small investors on such small interest. The first £1,000 of interest income is now non-taxable – that is more than $2,000/year of tax free interest income outside of the ISA (TSFA).

The maximum contribution to a pension scheme (employer or private – equivalent to our RRSP) is also much higher in the IK: £40,000 per year or about $83,000.

In Canada and particularly in Quebec, taxing the rich is always popular. The are such a minority that their vote is less important. The ultra-rich can afford to pay for the best fiscalist anyway. The regular rich can move elsewhere.

Also, a friend of mine shared this with me over the weekend on negative rates coming to Canada after he read the unintended consequences of negative interest rates in Switzerland:

“I found this article fascinating. Central Banks around the world have been experimenting with the economies of the G20 countries since the crisis. They are doing shit that they have never done before and it is clear that the world has become their Petri dish.

All of this comes from one fundamental issue – a demographic bubble of baby boomers going through the system. The world (including Canada) is completely unprepared for this new economic reality.

When push comes to shove, it is this demographic bubble that will drive the Canadian economy over the next 40 years and, unfortunately, I do not see Canadian policy preparing for this at all.

For example, the country should have increased immigration in 1990s but it did not because the unions stopped it. Instead, they invited high net worth individual to move to Canada (i.e. we want your money without you stealing our jobs). The unintended consequence of this policy was that these “high net worth individuals” came in droves, most of them Chinese and Middle Eastern, and pushed real estate prices skyward in two of our major cities to the point where no one in their 20s can buy a home.

So expect more of the same, Justin is not a visionary. He is simply a populist Prime Minister (no different than Greek PM Tsipras). He got voted in because everybody hated the other guy. He is now implementing tax policy that completely ignores reality but will secure his populist promises (tax the rich – give to the poor). When the next election comes, he will be faced with an opponent who will try to one-up him and the race to bottom will continue.

My reaction to Justin’s tax policy. At a 53% marginal rate, I have a whole bunch of tax advisors looking at what to do to minimize it. I am sure that they will find a loophole than hasn’t been plugged yet. If they don’t, I will just adapt and perhaps leave Canada when I retire with my future tax dollars in hand.”

I’m sure a lot of people sick and tired with dumb policies which supposedly favor the poor share my friend’s views. Interestingly, we share conservative economic views and he completely agrees with me that bolstering the CPP is smart pension and economic policy:

“It’s not about left wing or right wing politics. Enhancing the CPP is just a smart move. You’re right, companies are unloading retirement risk on to the state and unless something is done, this demographic nightmare I’m talking about will explode in Canada and we’ll see a huge rise in social welfare costs.”

I hope someone in Ottawa will share this comment with the Privy Council and other offices in Ottawa. Unfortunately, the Conservatives made plenty of pension gaffes (and other gaffes) but raising the contribution limit on the TFSA wasn’t one of them.

 

Photo by Roland O’Daniel via Flickr CC License

Pennsylvania Lawmakers Vote Down Pension Overhaul Bill

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The Pennsylvania House this weekend overwhelmingly voted down a bill that would have overhauled the state pension system.

The bill was passed by the Senate and would have been signed by Gov. Tom Wolf. The House was the bill’s only obstacle, and it failed to pass as it was met with bi-partisan hostility.

The bill, which Pensino360 covered last week, would have radically altered the state pension system, enrolling new hires in 401(k)-style plans and changing benefit formulas.

But pension officials had come out against the bill because of a provision that would have allowed the state to reduce its annual contributions to the pension systems.

From the Pittsburgh Post-Gazette:

As Democrats voted against the bill first in committee and then on the floor, they said they had never agreed to the pension portion of the deal.

“This was a Republican initiative inserted into the framework, and it’s their ball to get across the goal line,” said Bill Patton, spokesman for House Democrats.

Across the aisle, Rep. Eli Evankovich, R-Murrysville, said the state should change its pension systems in a way that would be “a bigger win” for taxpayers.

It was unclear what will happen next. The House called a meeting of the Appropriations Committee but then canceled it so leaders could have further talks. A plan for the House to meet in session Sunday was pushed off to Monday.

Mr. Corman, who has advocated for changes to the pension systems, seemed deeply disappointed by the vote.

“We could have had everything today,” he said. “We could have walked through the door, had major accomplishments, got a budget that sustained us for the future and moved Pennsylvania in the right direction fiscally, with great public policy victories, helping our consumers of wine and spirits getting into the private sector.

“Instead, they walked away from it,” he continued. “It’s unbelievable to me that they would do that.”

The final vote count was 149 – 52.

 

Photo by Governor Tom Wolf via Flickr CC License

JP Morgan Settles “London Whale” Class Action, Led by Pensions, for $150 Million

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JP Morgan Chase & Co on Friday settled a 2012 class action securities fraud suit for $150 million.

Several institutional investors were lead plaintiffs in the case, including Sweden’s AP7 fund, the Ohio Public Employees Retirement System, and pension funds from Oregon and Arkansas.

More from Reuters:

The lawsuit stemmed from oversight by JPMorgan’s Chief Investment Office of a synthetic credit portfolio that caused the $6.2 billion loss and was linked to traders in the bank’s London office including Bruno Iksil, the so-called London Whale.

Shareholders accused JPMorgan of knowingly hiding increased risks at the Chief Investment Office, including on an April 13, 2012, conference call when JPMorgan Chase & Co Chief Executive Officer Jamie Dimon called reports about the synthetic portfolio a “tempest in a teapot.”

The settlement covers anyone who bought JPMorgan stock from April 13 to May 21, 2012, a time when JPMorgan’s share price fell by roughly one-quarter and wiped out more than $40 billion of market value.

[…]

Ohio Attorney General Mike DeWine in a statement on Monday said the deal would help the state’s Ohio Public Employees Retirement System recover its losses and discourage future fraud.

“Misleading investors with wrong or incomplete information is unacceptable and causes real damage,” DeWine said.

JP Morgan has admitted wrongdoing in the case.

 

Photo by Joe Gratz via Flickr CC License


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