The Guardian June 16, 2004


US: State pension crisis

John Case

In the wake of numerous pension scandals and swindles since the 
2000 market crash, it should come as no surprise that many US 
state retirement plans are seriously under-funded. The breadth 
and depth of the refinancing efforts highlight speculative abuses 
and miscalculations by many pension fund managers in the 1990s 
boom years.

The Pension Benefit Guarantee Corporation reported large under-
funding issues for both private and public defined benefit plans. 
Public plans are not subject to the Employment, Retirement Income 
Security Act's funding, vesting, disclosure and fiduciary rules, 
insufficient as they are. Public employees in many states will 
now have to struggle to protect their retirement systems from the 
same kind of disaster that hit private funds.

California, Illinois, Kansas, New Jersey, Oregon, West Virginia 
and Wisconsin have authorised bonds, i.e. deficits, to address 
state or local unfunded liabilities.

New York authorised local governments to bond for any 
contributions in excess of seven percent of salaries for FY 2005.

Connecticut, Florida, Kansas, Massachusetts, Missouri, Nebraska 
and Washington increased mandatory contribution rates by statute. 
Many states do not require legislation to increase contribution 
rates.

Colorado, Missouri, New York and New Jersey limited the mandatory 
contributions of state agency employers and local governments in 
order to phase in substantial increases in contributions. (The 
Colorado legislation was vetoed.)

Missouri and New Jersey prohibited benefit increases until 
pensions systems' finances improve.

Oregon completely reorganised the Public Employee Retirement 
System to address an unfunded accrued liability of US$15 billion 
as of October 2002.

Illinois cut contributions to five state pension plans by US$3 
billion through 2005 to avert a budget crisis. But this is 
expected to have a $20 billion tab down the road.

Instead of counting on another boom in the stock market to rescue 
them, the US$8 billion Maine State Retirement System shifted the 
bulk of its US$3 billion fixed-income allocation to Treasury 
inflation-protected securities (TIPS), which are adjusted to 
reflect inflation. This approach is tailored to more closely 
match the fund's liabilities, lessening the opportunity for high-
flying returns, but also substantially lessening risk of an 
under-funded plan.

"Pay-to-Play"

Because public pension funds typically have assets in the 
billions of dollars, they are often a subject for unethical 
dealings and inappropriate behaviour by public pension officials. 
The Securities and Exchange Commission (SEC) documented "pay-to-
play" allegations in 17 states and drafted a stringent rule as a 
result. "Pay-to-Play" is the pervasive practice of requiring 
municipal securities participants to make political contributions 
to municipal officials in order to be considered as an 
underwriter or advisor the municipality's pension fund.

The proposed rule received so many "negative responses" from 
public fund officials and investment firms that the SEC backed 
off of the regulation.

The at-risk pension plans discussed here are all "defined 
benefit" pension plans. They put the burden of satisfying pension 
promises on the plan sponsor or employer. What's "defined" is the 
benefit, not the contribution.*

Most workers do not have resources to risk in the stock market. 
Employers, and thus public pension plans, are clearly feeling the 
pain of a real social liability. They are charged with making 
contributions sufficient to satisfy fund liabilities.

Despite the growth of the economy at the end of the 1990s, public 
plans' liabilities were increasing at a faster pace than the 
economy. Since 2000, matters have worsened. In the short term, 
managers passed expenses on to future generations by issuing 
Pension Obligation Bonds (POBs) [a form of borrowing — Ed.]. 
These POBs allow the plans to engage in classic arbitrage, 
postponing a reckoning in the hope of being saved by another 
boom.

The Bush administration would like to relieve investors of the 
liability of actually paying pensions owed to workers. Forget 
"defined benefit" plans — they sound too much like an 
"entitlement".

Following Maine's example would give them a headache thinking of 
all those forgone "huge returns". Why not put everyone's future 
in the IRAs and Keogh plans (the stock market). In fact, why not 
put Social Security there too. Do nothing about reforming ERISA 
to protect Enron workers, or steel workers, of course.

Bush to workers: Work till you're dead, or nearly so. Then die on 
the steps of a private "for profit" hospital begging for 
treatment. Well, it solves the impending pension crunch!

* * *
*In Australia superannuation funds (mostly public sector) offered defined benefits — a certain percentage of former salary which was indexed in line with CPI increases — for the rest of the retiree's life. Over the last 15 or so years employees have been encouraged to transfer to or offered no choice but to join accumulation funds, where the payment on retirement a lump sum depends on the performance of the fund. In the process the risk has shifted from the government and fund to the individual worker — Ed.
* * *
People Before Profits: People's Weekly World Newspaper, Communist Party USA.

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