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

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

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

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

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

More from the Courier-Journal:

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

[…]

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

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

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

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

The measure is officially called House Bill 4.

Kentucky Retiree Group Calls For Lawmaker Action on Pension Funding

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Jim Carroll, co-founder of the Kentucky Government Retirees group, has penned a column in the Courier-Journal calling for lawmakers to explore and implement solutions to the funding crisis facing the Kentucky Employees Retirement System.

Carroll explains how the KERS non-hazardous fund came to be one of the worst-funded systems in the country:

Imagine that you purchased a house with a 30-year mortgage and for 15 out of the past 22 years, you made only partial payments toward the principal and interest. Obviously, long before now, you would have lost that home. But in the bizarre world of state funding policy, a succession of governors and legislators has done precisely that with the state pension plan that covers 38,000 retirees and 40,000 active workers, the Kentucky Employees Retirement System non-hazardous fund.

Consistently for more than a decade, budgets have short-changed the employer contribution to the pension fund. That in a nutshell describes how the plan is “upside down,” is in deep fiscal trouble, and has no short-term prospect for asset growth without a substantial injection of new money.

When year after year, we stakeholders paid our employee contributions like clockwork, Frankfort decision-makers let the employer contributions slide. Actuaries for Kentucky Retirement Systems, the umbrella agency that administers various pension funds, calculated the amount of employer contribution needed to sustain the fund, and governors and legislators approved budgets that methodically and consistently allocated lesser amounts.

Carroll goes on to discuss how assets are declining despite double-digit investment returns, and how the system is one economic downturn away from disaster:

The harmful effects of underfunding can be seen in recent declines in assets. I testified before the legislature’s Public Pension Oversight Board in October, and I pointed out an alarming fact: that investment gains have become disconnected from asset growth. Two years ago, the plan made more than 11 percent on its investments, yet assets declined by more than $200 million. Last fiscal year, a bull market in full swing led to a 15.5 percent return on investments — twice the assumed rate of return. The result? A decline of $183 million in assets. We know of no other state pension plan in the country where investments have soared, but assets have dropped.

[…]

KERS non-hazardous assets now stand at a little under $2.5 billion, while the fund pays out $915 million annually in benefits and expenses. KRS officials delivered the bad news recently that the market was flat in recent months, a trend that if it persisted to the end of the fiscal year, would lead to a decline of $500 million, leaving the fund with a balance of about $2 billion. This takes into account the additional funds provided by the full employer contribution.

[…]

What happens if the market hits a trough before the cumulative effects of future full employer contributions take effect? The KERS non-hazardous fund saw $2.1 billion in assets vanish during the 2008-09 crash. At the time, the fund held $5 billion in assets. It is of course far more vulnerable now.

If assets dropped to about $1.3 billion, KRS would be forced to liquidate its non-cash investments to maintain liquidity. At that point, it would no longer be a sustainable defined benefit plan, because such a plan relies primarily on investment holdings to pay benefits. In today’s low interest-rate environment, KRS investment returns in cash equivalents would be negligible.

Read the full column here.

Teacher Sues Kentucky Pension System Over Funding Status, Transparency Issues

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A Kentucky teacher has filed a lawsuit against the Kentucky Teachers’ Retirement System (KTRS), claiming KTRS has “failed in their fiduciary duty” by letting the system become one of the worst funded teachers’ plans in the country.

From WFPL:

A Jefferson County Public Schools teacher filed a lawsuit Monday against the Kentucky Teachers’ Retirement System, which has been called one of the worst-funded pension systems for educators in the U.S.

The plaintiff, duPont Manual High School teacher Randolph “Randy” Wieck, told WFPL that the system supporting over 140,000 teachers in Kentucky is billions of dollars in debt; also that teachers pay about 12 percent of their paychecks into the retirement system.

“We have raced to the bottom and we’re neck and neck with the worst funded teachers plan in the country,” he said.

As WFPL reported, the General Assembly during this year’s legislative session funded KTRS at around 50 percent of what the retirement system requested.

The federal Government Accounting Office and Standard & Poor say Kentucky’s pension system is being funded at an unhealthy rate.

KTRS has “failed in their fiduciary duty by not aggressively and publicly demanding the full funding they need to stay solvent,” Wieck argues in a copy of the complaint he provided to WFPL. The complaint further alleges that KTRS has not been transparent enough in the “system’s dire funding status,” and that the investments made by KTRS are not responsible.

The teacher, Randy Wieck, is giving KTRS one year to become fully funded. After that, he says he will bring the lawsuit to the steps of Kentucky’s General Assembly; for many years, lawmakers have failed to pay the state’s actuarially-required contribution to the pension system – although they did make the full payment to the teachers’ system in 2011.

TRS’ attorney commented on the suit:

“I am very optimistic that we are going to find a solution for this,” said Beau Barnes, general counsel for KTRS.

There are positive signs among members of the General Assembly to come up with a plan, he said, adding that next week, KTRS will appear before the state’s Interim Joint Committee on State Government to discuss a financing plan for the pension fund. Wieck, who was joined by “Kentucky Fried Pensions” author Chris Tobe, seemed skeptical of previous conversations that seemed to excite Barnes.

The state legislature is not poised to discuss budget issues during the 2015 legislative session, but Wieck said Kentucky is violating its duty to keep the pension system solvent.

“You don’t actually have to wait for the bus to hit you to experience danger. And that is what is happening to Kentucky Teachers’ Retirement System. It is being damaged every year,” he said.

KTRS manages $17.5 billion in assets. The system is about 51 percent funded.