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Colorado Supreme Court Won’t Hear Lawsuit Seeking Release of Pension Data

Colorado Treasurer Walker Stapleton has for years pushed the state toward initiatives designed to improve the health of its pension system, and open pension data was a big part of Stapleton’s plans.

Back in 2011, Stapleton filed a lawsuit seeking the release of retirement benefit data for Colorado’s highest-earning pensioners. But the state’s pension fund, the Public Employees Retirement Association (PERA), said the information was confidential and refused to release it.

Since then, two lower courts have sided with the pension system on the issue. Stapleton appealed the rulings all the way to the state Supreme Court—but the Court announced today that they wouldn’t be hearing his case. From the Associated Press:

The Colorado Supreme Court has decided not to hear a lawsuit from state Treasurer Walker Stapleton seeking information about employee benefits in the state’s pension system.

Stapleton, a Republican, has sought non-identifying information about the top 20 percent of the pension’s beneficiaries and their annual retirement benefit. He says the information would help him to assess the health of the state pension’s program and how to keep it solvent.

Neither Stapleton nor the Court have released statements addressing the turn of events.

Last year, Stapleton convinced the Board of the PERA to lower its assumed rate of return from 8 percent to 7.5 percent. The Denver Post:

Colorado’s Public Employees’ Retirement Association voted 8-7 to lower its expected rate of return on investments to 7.5 percent, down from 8 percent.

State Treasurer Walker Stapleton has urged the board for three years to lower its rate of return, warning of an eventual collapse and bailout of the pension system for 300,000 teachers and state workers.

[The] vote means the pension fund’s unfunded liability will increase by about $6 billion to $29 billion, Stapleton estimated.

“In the short term, that’s not a good thing,” Stapleton said. “But it makes it all the more imperative that we find a way come together … and commit ourselves to fixing this problem sooner rather than later.”

The vote was a shift in philosophy from three years ago, when the board voted 10-5 to keep its rate of return at 8 percent.

The rate is used to predict investment growth over the next 30 years. Numerous economists have suggested a realistic expectation is 6.5 percent to 7.5 percent for state funds nationwide.

PERA’s average actual rate of return over the last decade has been over 8 percent. But over a different ten-year period—2001 through 2011—it returned only 3 percent annually on average.

Photo: “Denver capitol” by Hustvedt – Own work. Licensed under Creative Commons Attribution-Share Alike 3.0 via Wikimedia Commons

Nevada PERS to Release Member Data After Years-Long Legal Fight

A three-year legal battle concluded this week when the Nevada Public Employment Retirement System (NVPERS) agreed to release extensive data on its members, including benefits, in compliance with a state Supreme Court order from April.

The data to be released, according to a NVPERS notice (also embedded at the bottom of this post):

-Date of hire

-Date of termination

-Date of retirement

-Retirement option

-Employer name

-Contributions to system

-Service credit

-Beneficiary information

-Gross benefit amount

-Base retirement amount

-Adjustments to base

-Post retirement increase amount

-Retirement stop date and reason

-Marital status

-Fund status

-Gender

The court order forces a stark change in policy for a retirement system that had kept a notoriously tight grasp on its member and retiree records since the 1970s.

But a state Supreme Court order—an order issued last December but not clarified until this month—made it clear that, while individual retiree records will remain confidential, any reports based on that data produced by NVPERS are not confidential. In the words of the court:

Where information is contained in a medium separate from the individuals’ files, including in administrative reports generate from data contained in individuals’ files, such reports or other media is not confidential merely because the same information is also contained in individuals’ files.

That means NVPERS now must turn over what it calls its “actuarial feed”, or the detailed reports—containing substantial amounts of member data—it gives to its actuarial consultants. The consultants use the data to determine benefits and make projections.

More on the “actuarial feed” from WatchdogWire:

The agency described the “actuarial data feed,” which now is to be made public, as “an extensive report always thought to be confidential between the System and our actuarial consultant protected through a confidentiality agreement which has now been determined in part to be public information.”

Geoffrey Lawrence, director of research and legislative affairs at the Nevada Policy Research Institute, said the data-feed information is vital if researchers are “to build a clear understanding about how public pension liabilities have accrued in Nevada.

…

Under Nevada public records law, personal information remains confidential. Thus, PERS emphasized, it “will NOT release any Social Security numbers, contact information (addresses, phone numbers, or email addresses), bank information, or minor child information.”

This legal fight began in 2011, when the Reno Gazette-Journal filed a public records request asking NVPERS to release data on its members, including benefit payments and work history.

NVPERS denied that request, a move consistent with the System’s long-standing interpretation of the Nevada Public Records Act—the interpretation being that all individual member and retiree records are confidential.

The Gazette-Journal subsequently filed a petition to bring the case in front of a District Court. The court eventually ruled that NVPERS did indeed have to turn over the names of its retirees and the benefits they receive, among other data.

NVPERS appealed that decision all the way to the state Supreme Court, which issued its ruling in December. But NVPERS requested another hearing, held in April, to have the court clarify exactly what records it wanted NVPERS to disclose.

The results of that hearing were released just this month.

The data to be released by NVPERS can eventually be found on Transparent Nevada.

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Photo by Bruce Fingerhood via Flickr CC License

California pension database goes public

After a year of gathering data from public entities, a California group launched this week the largest assemblage of California pension data ever constructed.

The database currently contains data from 37 California public pension funds, including CalPERS, the second largest public pension fund in the country. Available data includes retirees’ names, their annual pension payments, years of service, the year of their retirement and their last employer.

The database, which can be found at Transparent California, was built in response to a 2011 state court ruling that made public pension information under the California Public Records Act.

The California State Controller’s Office had previously launched a database of public pension information, but the data was not as expansive as some pension watchdog groups had hoped.

Ed Ring of the California Public Policy Center highlights the need for the new database:

What level of public employee pay and benefits are affordable and appropriate is a difficult but necessary discussion. And missing too often from this discussion is good data on just how much, on average, public employees are currently making. In California, the State controller has made available a database of public employee compensation, organized by agency, that includes every city, county and state worker.

One of the biggest weaknesses inherent in the State controller’s “Government Compensation in California” database is that the summary information provides averages that take into account positions that were part-time, or only occupied by the employee for part of the fiscal year.

Last year, CalPERS considered the idea of posting a database of its pension data on its own website. But the idea has been delayed after members of the CalPERS system protested the public database. The system’s staff is now considering cancelling the project altogether.