chris christie | Pension360

Top New Jersey Lawmaker Calls for Tax on Millionaires to Help Fund Pensions

A New Jersey court ruled last month that the state acted illegally in cutting its pension contributions over the last two years.

As a result, the state will need to pay its full contribution in 2015 – which means New Jersey will need to come up with about $1.6 billion that hasn’t yet been budgeted for.

In lawmakers’ search for new streams of revenue, one idea has come to the forefront.

New Jersey Senate President Stephen Sweeney is proposing a tax on millionaires.

The policy would boost the income tax on earnings over $1 million and could raise $600 million in revenue in its first year, but Gov. Chris Christie has historically been opposed to the measure.

13 Unions to Sue New Jersey Over Reduced Pension Payments

A judge ruled late last month that New Jersey Gov. Chris Christie acted outside the law when he cut state pension contributions by around $2 billion through FY 2015.

But the state will appeal the decision, and the full payments weren’t included in Christie’s recent budget proposal.

As a result, more than a dozen unions said this week that they will sue the state to force it to make its full contributions to the pension system.

From NJ.com:

More than a dozen unions today announced they plan to sue Gov. Chris Christie to force him to increase next year’s payment into the public worker pension system.

[…]

This lawsuit could be expected to mirror a suit filed last summer and decided just last week that argued those payments were contractually protected and Christie broke the law he signed when he slashed them.

“This governor’s continuing disregard for his own pension funding law leaves us no choice but to go back to court to resume this fight in court on behalf of hundreds of thousands of public-sector workers who make their full pension contributions and depend on the modest income they earn in retirement,” New Jersey State AFL-CIO President Charles Wowkanech said in a statement.

Christie would have to find an additional $1.7 billion in his $33.8 billion proposed budget to make the full $3 billion pension payment unions are demanding.

The lawsuit will specifically call for the state to make the full pension payment in 2015.

The state cut its 2014 payment as well, but successfully argued that the cut was the result of a fiscal emergency, and was therefore legal.

Photo By Walter Burns [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons

Union Leaders React to Christie Reform Proposals

Last week, New Jersey Gov. Chris Christie unveiled a series of pension proposals that include freezing the current pension system for active employees and shifting them into a hybrid cash balance plan.

Throughout the week, union leaders publicly expressed their thoughts on the proposals.

Public safety unions weighed in, from NJ.com:

Patrick Colligan, president of the New Jersey State Policemen’s Benevolent Association, noted that as his union is funded by municipalities, it is in far better financial shape than those funds that have been shorted by the state through the years and his members should not face higher costs and lower benefits.

“To propose solutions to further reduce employee benefits essentially ignores the math of (Police and Firemen’s Retirement System),” Colligan said, adding that the plan “punishes nearly 40,000 law enforcement officers and firefighters who have no part to play in the state’s underfunded pension plans.

His derision was echoed by Edward Donnelly, president of the New Jersey Firefighters Mutual Benevolent Association.

“We have seen the results of Christie’s previous ‘reforms’, increased obligations to our members, while New Jersey taxpayer’s burden continues to be even greater,” said Donnelly. “Instead of more deceptive back-room deals, now is the time for us to stand together to bring about meaningful changes that save our pension system without further burdening taxpayers.”

Other unions officials spoke out, as well:

NJEA president Wendell Steinhauer claimed the teacher’s union was “deeply disappointed” that Christie “overstated the nature of the understanding” reached with the governor’s commission after months of talks.

“The pension plan’s long-term problem has always been the state refusing to put the money in,” said Hetty Rosenstein, New Jersey state director of the Communication Workers of America, “Now, here we go again.” The New Jersey chapter of the CWA represents some 40,000 state workers, as well as 15,000 county and municipal workers.

Read more about Christie’s pension proposals here.

Moody’s: New Jersey Pension Ruling A “Credit Negative” For State

A New Jersey Superior Court judge ruled this week that Chris Christie acted outside the law when he cut the state’s pension contributions $2.4 billion over two years.

That means, pending appeal, the state will be making its full contribution in 2015 – a development that hasn’t yet been budgeted for.

So while the ruling was good news for the state’s underfunded pension system, the decision is a “credit negative” for the state itself, according to Moody’s.

From NJ.com:

The flexibility of the state’s pension payment has been “a tool essential” to balancing the budget, Moody’s Investors Service said. Putting limitations on that amounts to a “credit negative.”

“Going forward, making the full pension contribution would incrementally improve the pension funding position, but would significantly increase budget pressure by reducing the state’s ability to fund other programs and potentially challenge the state’s liquidity,” Moody’s said.

[…]

“While it remains unclear whether the payment will be increased in fiscal 2015, a $1.6 billion obligation would comprise nearly 15 percent of the unspent budget,” Moody’s said.

A credit negative assessment doesn’t suggest a rating or outlook change — which could affect New Jersey’s interest rates — is imminent, but rather assesses the impact of a single event, Moody’s said.

Since the full pension payment isn’t budgeted for, lawmakers are worried that “devastating” cuts will have to be made in the current budget.

The situation might have been avoided had the state taken the same approach as Illinois in 2013.

When Illinois passed it’s pension overhaul it didn’t count the savings in the budget — because it knew a legal challenge was imminent.

Photo By Walter Burns [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons

New Jersey Bill, Now on Christie’s Desk, Would Expand Pay-to-Play Rules for Pension Investments

With all the drama surrounding New Jersey Gov. Chris Christie’s latest round of pension changes, one big pension-related development has been overlooked: on Monday, state lawmakers approved a bill that would expand pay-to-play rules as they relate to pension investments.

The bill, which would increase transparency around fees paid to private investment managers, was sent to Christie’s desk on Monday.

New Jersey Lawmakers Warn of “Devastating” Budget Cuts in Wake of Court Pension Decision

A New Jersey Superior Court judge ruled this week that the state acted illegally when it cut its contribution to the state pension system in 2014.

If the state’s appeal of the ruling fails, it will have to come up with an additional $1.57 billion in 2015 in order to make its full payment to the pension system.

That money isn’t yet budgeted for – which means lawmakers will soon need to rearrange some items in the general budget to make space.

Lawmakers reacted this week to that steep price tag, warning of cuts that would come as a result. From NJ.com:

“The impact on programs at the end of the year would be devastating,” state Assembly Majority Leader Lou Greenwald (D-Camden) said. “The reality is we have to either make draconian cuts and make the payment…”

[…]

Assemblyman John Wisniewski (D-Middlesex) said Christie created the problem with his “duplicitous assessment of how to handle our pension obligations,” which included touting his 2011 overhaul of the pension system and telling workers that it saved their pensions, and then arguing in court that his own law was unconstitutional.

“He has an obligation to come up with a solution, since he is the one who came up with a solution that put us in this predicament in the first place,” said Wisniewski,

Assembly Minority Leader Jon Bramnick (R-Union), however, said it’s up to the Legislature to figure out what to cut now.

“All budgets are prepared by the Legislature,” he said. “So the court is saying to the Legislature you have to put this much money in the pension fund. So I’m assuming the governor will ask the legislature to come up with the program cuts that would be needed to find $1.6 billion.”

While the Legislature must pass budgets, it’s Christie who first proposes them.

Assemblyman Jay Webber (R-Morris), a member of the budget committee, said the payment Judge Jacobson ordered is about 5 percent of the budget.

“We have to be able to find it. And I think the other thing it emphasizes is we need a new round of reforms to our pension system,” Webber said. “We need to change those promises for new employees and employees who are far enough out from retirement that they can plan their retirements accordingly.”

The lawmaker reactions came before details emerged about Christie’s new pension reform proposals.

The savings realized through the proposals, if enacted, could make the cutting process easier for lawmakers.

Christie Budget Will Contain Pension Cuts; Full Payment Not Yet Figured In Despite Court Ruling

New Jersey Gov. Chris Christie will give his budget address on Tuesday afternoon, and details are already leaking about what it will contain.

The governor’s office says that the budget will contain numerous pension proposals, including some that cut benefits for public workers.

Christie will also announce that he will begin negotiating pension changes with the state’s largest teachers union, the New Jersey Education Association.

One thing the budget won’t contain: the state’s full actuarially required contribution to the pension system. The budget calls for a $1.3 billion payment to the system, which is the largest in state history.

But the payment was supposed to be closer to $3 billion. Christie cut the payment last year by nearly $1.5 billion; a judge ruled yesterday that New Jersey must pay the full contribution, but the state is appealing the ruling.

Court: New Jersey Must Make Full Contribution to Pension System

A New Jersey Superior Court judge on Monday ruled that Gov. Chris Christie acted outside the law when he cut state pension contributions by more than $2 billion through fiscal year 2015.

Through FY 2015, the state’s scheduled pension contribution was $3.85 billion; but in an effort to divert funds to the general budget, Christie cut the pension payment down to $1.38 billion.

Unions sued him shortly after, alleging a breach of contract.

A judge now says Christie must make the full payments.

The full payments, however, are not included in Christie’s budget proposal. That’s because the state is appealing the ruling.

Former NJ Official: Christie Used Misdirection on Pension Payments in State of State Address

During his State of the State address last month, New Jersey Gov. Chris Christie made a few remarks defending himself against accusations of short-changing the state’s pension system.

He claimed that he had contributed more to the pension system than any governor in New Jersey history.

That’s not a false statement. But it also doesn’t tell the full story.

Edward Buttimore, formerly of the state’s Attorney General’s Office, penned a column on Tuesday explaining the misdirection.

Buttimore writes:

When Gov. Chris Christie praised himself during the State of the State address for making the largest contributions to the State pension funds of any governor in New Jersey history, that statement was true, but not accurate.

While Gov. Christie has contributed $2.9 billion (if he makes the reduced $681 million payment for FY2015), what he fails to be clear about is that he will have skipped $14.9 billion in required pension payments during the past five years as Governor, according to his own Pension & Health Benefit Study Commission’s Status Report.

Former Gov. Corzine made $2.1 billion in pension payments while skipping an additional $6.4 billion required from 2007 to 2010.

In fact, Gov. Christie’s $14.9 billion skipped pension payments eclipses the $12.8 billion combined missed payments of his five predecessors over a 15-year period from 1996 to 2010. That was a pretty important fact that he omitted from his State of the State address.

For the last three years Gov. Christie has traveled the country congratulating himself for his 2011 bipartisan pension reforms, including prominently mentioning it during his keynote address for Mitt Romney at the 2012 Republican National Convention. He then he failed to follow through on making the required payments.

Read the entire piece here.

Photo by Bob Jagendorf from Manalapan, NJ, USA (NJ Governor Chris Christie) [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons

Judge in New Jersey Pension Trial Calls State Pension Contributions a “False Promise”

The judge presiding over the legal battle between New Jersey and its public workers said last week that the state’s 2011 pension reform law was a “false promise”.

The law required the state to contribute a set amount of money annually to the pension system. But Christie slashed those payments last year.

The judge, Mary Jacobson, wondered why New Jersey included in the reforms the “false promise” of guaranteed pension payments if the state knew it was unconstitutional.

From App.com:

Superior Court Judge Mary Jacobson repeatedly made the point that the Legislature specifically made the pension contributions a contractual right in a law signed by Christie, though the administration’s lawyer said it’s not allowable because lawmakers decide each year what to fund.

“You’re saying that it was known at that time, should have been known at that time, that that was a false promise,” Jacobson said.

“It’s unprecedented because it’s unconstitutional if enforced,” said deputy attorney general Jean Reilly. “It’s not an accident that it’s not in there before. It’s not in there before because it’s not constitutionally permissible to do. … For all future legislatures, it’s merely an exhortation for payment.”

Lawyers for the Communications Workers of America union said Christie and lawmakers locked the obligation into law because pension payments are always the first thing to be cut if money gets tight. They said Christie was required to find the funding to pay for pensions, not skip the obligation.

“It was a political decision not to do that,” said attorney Kenneth Nowak. “Now, the governor may have some agenda as to how he feels about taxes. But he also has a constitutional obligation.”

Christie cut the state’s pension payments in 2014 and 2015 by around $2.5 billion.

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