detroit bankruptcy | Pension360

Insiders Say Detroit’s Pension-Slashing Ballot Measure On Track To Pass

The ballots have been cast and the votes have been counted. And although Detroit officials are remaining silent on the results of the all-important pension-cutting ballot measure, a few leaks have made their way to media outlets. The consensus: the measure has enough “yes” votes to pass, according to the Detroit Free Press:

Detroit pensioners appear to have voted in favor of allowing the city to cut their monthly checks as part of the grand bargain to help resolve the city’s Chapter 9 bankruptcy, several sources familiar with the voting results told the Free Press.

Police and fire pensioners appeared to have accepted the deal by a wide margin, and while the vote was closer with civilian retirees, only an unexpected last-minute surge of “no” votes would derail the plan, according to people familiar with the voting results.

The city’s pensioners had until 5 PM last Friday to vote on the proposed measure to cut their pensions by 4.5 percent and eliminate future COLA increases. Those cuts are hard to stomach for some, but Detroit maintains that a “yes” vote would stave off even deeper cuts. The implications of a “yes” vote, according to the Detroit Free Press:

If the two separate classes of pensioners [public safety workers and civilian pensioners] vote yes, the City of Detroit would accept $195 million in upfront cash from the State of Michigan and $466 million in 20-year pledges from nonprofit foundations and the Detroit Institute of Arts to help reduce pension cuts and allow the museum to spin off. The deal for pensioners and the DIA has come to be known as the grand bargain.

If voters reject the measure, those cash infusions from the state and nonprofits fall through. That means that even deeper cuts in pension benefits will likely be necessary. Detroit Emergency Manager Kevyn Orr had originally proposed cutting pension benefits by up to 34 percent.

But it doesn’t look like that will be the case. From Freep:

Sources familiar with the vote said that although ballots mailed at the last minute have not yet been tabulated, a high percentage of public safety pensioners — classified under the Police and Fire Retirement System class — voted yes to accept a reduction in annual pension inflation adjustments from 2.25% to 1%.

It’s closer among civilian pensioners — classified under the General Retirement System class — the sources said.

Two people familiar with the situation said that with last-minute votes yet to be counted, more than 70% of GRS [General Retirement System] voters had voted yes.

The plot thickens just a bit here, because a simple majority isn’t enough to pass this measure. There are two classes of voters: public safety workers and civilian workers. Both classes must have a majority of “yes” votes. And the “yes” votes from each class must represent at least two-thirds of the dollar value of the debt owed to them.

The results of the vote don’t have to be publicly revealed until July 21. But even then, the measure can’t yet go into law. It needs to be first approved by a bankruptcy judge.

Pension Obligation Bonds Help Some Governments But Hurt Many More, Says New Report

New Jersey, Illinois, and California.

Those are the states that, more than any others, have frequently scrambled to pay down their pension obligations by issuing a financial tool called Pension Obligation Bonds (POBs). Over the last three decades, those three states have issued a total of $25 billion worth of POBs in an attempt to ease the heavy burden of their pension systems’ on state finances.

But what are POBs, and do they work as advertised? A new report from the Center for Retirement Research sheds light on that question and suggests that POBs may not be beneficial, after all. But first, what exactly is a POB? From Governing:

The tool, called Pension Obligation Bonds (commonly referred to as POBs), allows governments to issue taxable bonds for the purposes of putting money toward or fully paying off the unfunded portion of a pension liability. The proceeds from the bond issue go in the pension fund. The theory is that the rate of return on the investment will be greater than the interest rate the government pays to bond investors so that the transaction is favorable to the government; it makes money off the deal.

The concept is simple enough. And, in theory, it’s pretty clever. But in practice? Well, let’s just say timing is key. And many state and local governments have failed to get the timing right. It has cost them dearly, as Liz Farmer summarizes:

The report noted that the governments more likely to issue POBs are ones that have pension plans that represent “substantial obligations.” The governments have large outstanding debt and are short of cash. However, rather than necessarily relieving such governments of financial pressures, the bonds actually create a more rigid financial environment. Issuing bond debt to pay off a long-term obligation like a pension liability turns a somewhat flexible pension obligation into a hard and fast annual debt payment. Thus, “governments that have issued a POB have reduced their financial flexibility,” the study says.

POBs’ net returns (what the investment has earns after making bond payments) has varied, depending on when the bonds were issued. According to the center’s research, the net rate of return has averaged in the low, single digits for most years (the 30-year average is 1.5 percent). Governments that issued Pension Obligation Bonds in 1998, 1999, 2000 and 2007 actually lost money on their investment. Detroit, for example, issued debt at the peak of the market in the mid-2000s to fund its pension plan and did so using a complicated interest rate swap deal. The result was that the deal went the wrong way for the city. Detroit was still on the hook to pay bondholders and though its pension was well funded, it had even less day-to-day cash to meet its financial obligations. That debt played a key role in Detroit’s decision to file for bankruptcy last July.

Illinois, New Jersey, Detroit—that’s not the kind of company you want to keep if you are a local government trying to curb the burden of pension obligations. Though, the reputation of POBs may not be completely deserved. After all, just because struggling governments use them unwisely doesn’t mean POBs aren’t an effective tool when used the right way.

Although examples are hard to come by, POBs can be used effectively. In 2002 and 2003, Winnebago County and Sheboygan County in Wisconsin issued POBs to the tune of $7 million. They paid a 3 percent interest on that debt, but earned 20 percent returns on investments made with the borrowed money. Unfortunately, it doesn’t always work that way.

You can read the CRR’s full report on POBs here.

Photo by Miran Rijavec Stan Dalone via Flickr CC License

Detroit Gives Raises to City Officials As Vote Nears to Cut Worker Pensions

Detroit’s high-profile bankruptcy has filled the front pages of newspapers across the country, and it seems the new twists just keep coming in this drama. In one corner, public employees and retirees are getting ready to vote on a measure that would cut their paychecks and pensions in unprecedented ways.

In the other corner, Detroit’s Emergency Manager Kevyn Orr is drawing flak for awarding raises to many city officials, including the mayor, city council members, and some non-union city workers:

Effective July 1, they all get 5 percent raises. Before the raise, Mayor Mike Duggan earned $158,000 a year, and Detroit’s nine at-large council members made $73,181 each, along with a pension, cell phone, city car and city-paid gasoline.

By comparison, the median household income in Detroit was $25,193 in 2011, according to the U.S. Census Bureau. Orr’s own salary of $275,000 a year to guide Detroit through the largest municipal bankruptcy case in history will not change.

“We’re still in the middle of bankruptcy, we still don’t know what the cost is going to be, and it seems like the attorney fees, right now, have gone up to $75 million,” [Wayne County Executive Robert] Ficano said live on WWJ 950 Wednesday morning.

Orr’s office says the costs for the increases are covered in the city’s restructuring plan, which is pending in federal bankruptcy court. Later this month, some of those same workers will see larger paycheck deductions earmarked for increased pension contributions. Deductions of 4 percent to 8 percent will begin July 14 to help fund pensions.

Back to the vote: the stakes are high for both the city and its workers. If workers and retirees vote “yes” on the measure, they’ll be giving up big chunks of their paychecks and benefits. If they vote “no”, they’ll likely have to settle for a far worse deal:

Hundreds of millions of dollars in pledged foundation and state money to spare deeper cuts from pensions and to save the city’s art collection depends on approval of the city’s plan by workers and retirees. If they vote against it, the pledged donations vanish. This may be the proponents’ most convincing argument: Vote for the city’s deal, or cuts — as much as 4.5 percent from some retirees’ pensions as well as smaller than expected cost-of-living increases — will get far worse.

If they go along with the deal, retirees and workers would also agree to give up lawsuits challenging cuts to their pensions. Though a federal judge here has made it clear that he believes pensions may be cut in bankruptcy, the Michigan Constitution includes protections, and opponents of the city’s plan say they cannot believe their colleagues would even consider ceding legal challenges.

Meanwhile, another struggling Michigan city, Flint, is considering following in Detroit’s footsteps by declaring bankruptcy. Flint is attempting to cut its retirees’ benefits to improve its financial position. But the legality of that move is dubious and will be decided by a judge soon.

Flint once had 200,000 residents has seen a dramatic drop in population over the past several decades. The birthplace of General Motors (NYSE: GM) has lost many factory jobs and abandonment of properties.

Last year, Detroit became the largest municipality in the U.S to enter Chapter 9 bankruptcy. Flint is about an hour away and if the judge rules against the city’s effort to cut its retiree health care benefits, the city is expected to file for bankruptcy. Flint will join dozens of cities and counties that have sought help from courts to modify their retiree benefit system.

“If we don’t get any relief in the courts … we are headed over the same cliff as Detroit,” said Darnell Earley, the emergency manager of Flint’s finances. “We can’t even sustain the budget we have if we have to put more money into health care for city workers.”

Photo Credit: University of Michigan via Flickr Creative Commons License

Detroit shifts $100 million to pension funds after bond deal

For Detroit’s bondholders, hope was fading fast—after the city went bankrupt, it was suggested that it could cut bond recoveries to as little as 15 cents on the dollar.

But Detroit agreed yesterday to pay bondholders as much as 74% of what they are owed, in a deal that means as much to bondholders as it does to the city’s retired workers.

That’s because the remaining 26% of bond payments will go straight into the pension system—a cash infusion that will total $100 million.

The deal is part of an effort to keep the city’s pensioners above the poverty line. But they will still face sharp cuts in their benefits, according to Bloomberg:

Under a plan submitted to the court in February and revised last month, pensions for police and firefighters would be cut about 6 percent if they vote for the plan, 14 percent if they don’t. Pensions for other city workers would be cut by about 26 percent if they vote yes and by about one-third if they don’t.

About 20 percent of current pensioners would be pushed below the poverty line by the plan, according to a committee of retirees that has been negotiating with the city.

The deal still requires the approval of Judge Steven Rhodes of the US Bankruptcy Court for the Eastern District of Michigan.

Photo Credit: University of Michigan via Flickr Creative Commons License

Detroit Emergency Manager freezes city pension funds

A leaked executive order from Detroit’s Emergency Manager revealed Monday that, as of last week, pension funds for many city workers will be frozen and replaced with a 401k-style plan.

The freeze, which was ordered by city Emergency Manager Kevyn Orr and took effect December 31^st, pertains only to Detroit’s General Retirement System, which covers around 19,000 non-public safety workers.

The freeze closes the fund to any new or re-hired workers, halts benefit accruals for current workers and stops worker contributions to the fund. It also ends cost-of-living adjustments for the fund’s 12,000 retirees.

To replace the frozen fund, Orr ordered the creation of a defined contribution plan that all affected workers now have access to.

Tina Bassett, the spokeswoman for the General Retirement System, said in a statement that the freeze was “an outrageous and over-zealous action.”

Detroit Emergency Manager backtracks on pension freeze

Just hours after news broke of an order to freeze some workers’ pensions, Detroit Manager Kevyn Orr is eating his words.

Earlier today, Reuters received a copy of an order issued last week by Orr ordering the freezing of the city’s General Retirement System fund, which halted accrual of benefits and closed the plan to new employees.

But now, Orr says he is holding off on the freeze to allow more time for mediation between representatives of Detroit and the city’s pension funds in federal bankruptcy court.

Orr stated he is putting the freeze on hold indefinitely, but he reserved the right to reinstate it at any time.

If the freeze is reinstated, affected workers will have access to a savings plan styled after a 401k plan.

Details, from the Detroit Free Press:

Instead of pensions, Orr’s order said the city would create a 401k-style savings plan…Under [the proposal] by Orr, the city would no longer pay into pension plans but would contribute an amount equal to a percentage of workers’ base pay — 5% for non-uniformed workers and 10% for police and fire — into retirement accounts. Employees also could contribute their own money into the accounts.

Orr ordered the freeze initially because he was frustrated by lack of progress in mediation between the city and its pension funds.

“Time is running short, and the city’s financial status remains dire,” Orr said after he rescinded the freeze order. “An additional delay without the prospect of a mediated solution threatens to further erode essential services and public safety.”

Pension shocker: Judge rules Detroit can cut pensions

In a pension shot heard ‘round the world, a ruling has come down in Detroit’s bankruptcy case that will have implications far beyond the city’s limits: in a surprise decision, U.S. Bankruptcy Judge Steven Rhodes has ruled that pensions can legally be cut during the city’s bankruptcy process.

Kevyn Orr, Detroit’s emergency manager, has said in the past that significant pension cuts for both current and retired workers will be necessary to dig the city out of its financial hole. But pensions are heavily protected in Michigan, thanks to a provision in the state constitution that categorizes public pensions as “contractual obligations” which are protected from being “diminished or impaired” under any circumstances.

But now that’s changed.

“Pension benefits are a contractual obligation of a municipality and not entitled to any heightened protection in bankruptcy,” Rhodes said in his ruling.

Detroit is facing the financially toxic reality of having twice as many pensioners as active employees. It remains to be seen whether (and to what extent) the city will move forward with the cuts, which are sure to be politically painful. But now, for the first time, the city has the legal go-ahead to do so.

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