Part III: UCOP & Regents – Have You Talked With the Governor (Yet)? Where Are You?

Below is a press release from Governor Brown’s office issued yesterday. It explicitly mentions CalPERS and CalSTRS. Less clear is what other state plans – including UC’s plan – would be included. One of the headings say that it applies to state and local plans. The release has definite items and some items that are under consideration. I have put in large italics some of the latter items that could pose problems for UC – depending on the precise details.

Note that a pension cap is mentioned, but there is no reference to the precise $106,000 figure that earlier press reports said the governor had approved in negotiations with Republicans (before those negotiations aborted). The hybrid option would combine a cap with a defined contribution plan above the cap. A ban on future public employment of pensioners could affect recalls for teaching and research at UC if applied to our plan. Yours truly will request the details from the email address specified in the release. But since this plan is actually a work in progress, what is specified now may change. It is important that UC have input before the plan solidifies.

Governor Brown Releases Twelve-Point Pension Reform Plan 3-31-2011

SACRAMENTO – Governor Edmund G. Brown Jr. today released the actual bill language of seven separate pension reform measures.

In addition, Brown listed five other specific pension reforms that he is developing. These include a pension benefit cap, limits on post-retirement public employment, hybrid defined contribution/benefit options, an action plan to address CalSTRS unfunded liability, and a measure to change and improve the board governance of CalPERS and CalSTRS.

All 12 of these pension reform measures were presented and discussed in detail with Republican legislators. Talks broke down, however, over other issues.

Brown intends to introduce these pension reforms with or without Republican support.

Information on all twelve pension reforms is available below.

For bill language, please email elizabeth.ashford@gov.ca.gov.

PENSION REFORM PROPOSAL

APPLIES TO STATE AND LOCAL GOVERNMENTS
MARCH 2011

1. Eliminate Purchase of Airtime. Would eliminate the opportunity, for all current and future employee members of all state and local retirement systems, to purchase additional retirement service credit. (RN 14777) (Note Walters, SB 522, would eliminate Air Time)

2. Prohibit Pension Holidays. All California public agencies would be prohibited from suspending employer and/or employee contributions necessary to fund the normal cost of pension benefits. (RN 14777)

3. Prohibit Employers from Making Employee Pension Contributions. All California public agencies would be prohibited from making employee contributions that fund the normal cost of employee retirement benefits in whole or in part. (RN 14777)

4. Prohibit Retroactive Pension Increases. All California public agencies would be prohibited from granting any retroactive pension benefit increases, such as benefit formula improvements that credit prior service. (RN 14777)

5. Prohibit Pension Spiking: Three Year Final Compensation. Final compensation for new employees would be defined as the highest average annual compensation during a consecutive 36 month period. (RN 14777)

6. Prohibit Pension Spiking: Define Compensation as Only Regular, Non-recurring Pay. Compensation means normal rate of pay or base pay. (RN 14777) (Note Simitian, SB 27, would exclude from defined benefit changes in compensation principally for the purpose of enhancing benefits; would place stricter limits on creditable compensation)

7. Felony Convictions. Prohibits payment of pension benefits to those who commits a felony related to their employment. (RN 14777) (*Note Strickland, SB 115, similar prohibition)

PROPOSALS UNDER DEVELOPMENT

Impose Pension Benefit Cap.

Improve Retirement Board Governance

Limit Post-Retirement Public Employment

Hybrid Option

Address CalSTRS Unfunded Liability

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Regents and UCOP: Where are you?
[youtube http://www.youtube.com/watch?v=LLpInrgrWSA]

UPDATE: Reactions to the governor’s pension proposals can be found at http://blogs.sacbee.com/the_state_worker/2011/04/from-the-notebook-reponses-to.html

Gov. Brown Removes Controversial “Stanford Study” Author From CalSTRS Board

Readers of this blog will know of the so-called “Stanford Study” which was designed to produce the largest possible estimate of the unfunded liability of the three major state pension funds: CalPERS, CalSTRS, and UCRS.

Money & Company blog, LA Times

Governor pulls two teachers pension fund appointees (excerpt)

February 22, 2011

Gov. Jerry Brown has pulled back two controversial, last-minute appointments made by then-Gov. Arnold Schwarzenegger to a state teachers pension board.

On Dec. 31, Republican Schwarzenegger named Steven Kram, 54, of Los Angeles and Cameron Percy, 26, to the California State Teachers’ Retirement System, a $150-billion pension system.
Kram is president and chief executive of Content Partners, a Los Angeles firm that buys films in the secondary market from other investors. Content Partners’ co-chairman, Paul Wachter, is Schwarzenegger’s financial advisor.

Percy, a recent graduate student at Stanford University’s Department of Economics and Public Policy Program, helped write a controversial study commissioned by Schwarzenegger’s office. The research estimated that the state’s three biggest public pension funds were $400 million short of the amounts needed to meet future obligations to retirees…

Gov. Brown’s office declined to say why he pulled Kram and Percy. “These appointees served at the pleasure of the governor, and their services were no longer required,” spokesman Evan Westrup said…

— Marc Lifsher

Full article at http://latimesblogs.latimes.com/money_co/2011/02/governor-pulls-two-teachers-pension-appointees.html

Although the governor did not explain his action, he left this video:
[youtube http://www.youtube.com/watch?v=J6qxMP3deU8&w=480&h=390]

Optimistic CalSTRS Board Lowers Its Assumed Rate of Return But Not All the Way Down to Our 7.5%

Since CalSTRS’ new assumption is still above ours, we can claim to be more conservative in our pension funding planning. See below:

CalSTRS lowers forecast on future investment returns (excerpt)

Dec. 3, 2010, Dale Kasler, Sacramento Bee

After agonizing for months, CalSTRS made a decision Thursday that seems subtle but has enormous financial implications. The teachers’ pension fund agreed to lower its long-term forecast of future annual investment returns by a quarter of a percentage point…

On an 8-3 vote, the board of the California State Teachers’ Retirement System agreed to cut the investment return forecast to 7.75 percent a year.

As significant as the board’s vote was, it was a partial measure. CalSTRS’ investment staff and outside consultants urged the board to lower the forecast by a half point, to 7.5 percent, in light of the long-term investment outlook.

…Pension funds in several other states are also lowering their forecasts. The board of CalPERS, the California Public Employees’ Retirement System, expects to vote in February on whether to change its forecast, which is 7.75 percent.

…Board members were reluctant to make any reduction, knowing it could weaken CalSTRS’ standing in the Legislature and put pressure on teachers. At the board meeting, representatives of three teachers’ groups urged the board to move cautiously…

Full article at http://www.sacbee.com/2010/12/03/v-print/3229533/calstrs-lowers-forecast-on-future.html

CalPERS & CalSTRS Profited from Fed’s TALF Program; UCRS Did Not Participate

State pension funds reaped rewards from Fed loan program (excerpt)

Dec. 3, 2010, Dale Kasler, Sacramento Bee

CalPERS was among the big winners in an obscure Federal Reserve loan program aimed at rescuing the nation’s troubled credit markets last year.

The state’s other big pension fund, CalSTRS, also participated in the program, but to a much smaller degree, according to records released this week by the Federal Reserve. …(T)hey and other big investors took advantage of a $70 billion Federal Reserve loan program designed to pump money into the consumer and business lending markets.

CalPERS, in fact, was among the most enthusiastic participants. With $5.14 billion borrowed from the Fed, the California Public Employees’ Retirement System invested in a portfolio of high-performing credit card loans. CalPERS put in $350 million of its own money and earned a $175 million profit, a return of around 50 percent, said Curtis Ishii, a senior investment officer at the pension fund. CalPERS has repaid the Fed loan.

…Banks and other lenders often bundle their loans into securities and sell them to investors, providing the banks with cash to make new loans. But that market all but dried up in 2009.

That’s when the Fed stepped in with a program called TALF, or Term Asset-Backed Securities Loan Facility, which made low-interest loans to pension funds, hedge funds and other institutions willing to invest in these securities.

With money borrowed from the Fed, CalPERS and CalSTRS purchased securities backed by all manner of loans. CalPERS used its money to invest in credit card loans issued by Chase and Citibank.

CalSTRS, the California State Teachers’ Retirement System, borrowed $225 million from the Fed and invested in commercial mortgages and student loans. “I’m told the return was very good,” said CalSTRS spokesman Ricardo Duran…

Full article at http://www.sacbee.com/2010/12/03/3229529/state-pension-funds-reaped-rewards.html#mi_rss–E-Business

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Note: The list of entities that took advantage of this Fed program can be found at:

http://www.federalreserve.gov/newsevents/reform_talf.htm

Click on the Excel sheet available on that page. If you use the “find” option in Excel, you can locate the CalPERS and CalSTRS loans by searching under “Calif”. There are multiple transactions involving these two pension funds. I could not find any that involved UCRS. Whether UCRS was eligible and – if it was – why it chose not to participate, I do not know.

Seems like CalPERS & CalSTRS got some friendly help:

CalSTRS can apparently wait to cut its estimated investment return to UC level


From the Sacramento Bee:

The CalSTRS board Friday postponed a crucial decision on reducing its investment-return forecast because two of its members were absent. Jack Ehnes, chief executive of the California State Teachers’ Retirement System, said the board wanted every one of its 12 members present for the decision. The vote is now set for Dec. 2.

CalSTRS’ staff has recommended that the forecast of annual returns be cut by half a percentage point, to 7.5 percent…

Note that if CalSTRS and CalPERS eventually go to our 7.5%, we can no longer claim to be more conservative than the two big state funds.

Full article at http://www.sacbee.com/2010/11/06/3163756/calstrs-delays-vote-on-returns.html#mi_rss=Business

We can wait:
[youtube http://www.youtube.com/watch?v=FtGtK7d_QjE&fs=1&hl=en_US]

CalSTRS May Lower Expected Investment Return to UC Level

The large CalSTRS pension fund has used an expected investment return of 8% per annum. That figure is higher than the 7.5% assumption in the UC pension system. Apparently, CalSTRS may soon go to the UC level. Excerpt from the Sacramento Bee:

CalSTRS faces prospect of lowering forecast

Nov. 2, 2010, Dale Kasler

CalSTRS once again faces the controversial task of cutting its investment return forecast, a move that could put more pressure on the Legislature to increase its annual contribution to the teachers pension fund.

At its meeting Friday, the CalSTRS governing board is scheduled to vote on a staff recommendation to reduce the forecast of annual investment returns by half a percentage point, to 7.5 percent.

The move sounds subtle but would have major implications for taxpayers, teachers and the amount of money they pour into the California State Teachers’ Retirement System.

CalSTRS is already preparing to ask the Legislature next year for more money to help the fund recover from heavy investment losses. Lowering the investment forecast would increase the amount of money CalSTRS needs from the Legislature by hundreds of millions of dollars – at a time when budgets are tight and public employee pensions are politically unpopular.

The issue is so sensitive, in fact, that the CalSTRS board blinked the last time it was scheduled to vote on the forecast. Faced with an identical recommendation from its staff in June, it put off voting. Now the staff and its consultants say it’s time for the board to deal with the issue once and for all.

In a memo to the board released last week, the Milliman consulting firm said the current rate of 8 percent “is no longer reasonably expected to be achieved in either the short or long term.”

The volatility in the stock market, plus record-low returns from bond holdings, are forcing public pension funds everywhere to rethink their investment forecasts. The California Public Employees’ Retirement System is scheduled to vote in February on changes to its forecast, which has been pegged at 7.75 percent for the past seven years…

Full article at http://www.sacbee.com/2010/11/02/3151104/calstrs-faces-prospect-of-lowering.html

Someone apparently left the mike on at the CalSTRS board when this issue was considered:

Governor’s Pension Symposium of July 8


Governor Schwarzenegger ran a public pension symposium on July 8. It was essentially a panel of academics, legislators and former legislators (including former assembly speaker Willie Brown), local officials, past CalPERS members, and academics. You can see a video of the roughly 1-hour symposium by going to the governor’s website: www.gov.ca.gov and clicking on “multimedia.”

The symposium concentrated on CalPERS and, to a lesser extent, CalSTRS. UCRS was mentioned in passing at roughly minute 39, but was not explicitly discussed. In particular, the important $2-for-$1 issue that separates UCRS from other public pensions in California was not discussed. (Approximately $2 out of $3 of any employer contributions to UCRS would come from non-state sources.) On the other hand, at roughly minute 44, the Regents were held out as a better model for running a pension system than the CalPERS model which has elected employee representatives. The latter was depicted as a conflict of interest.

The so-called “Stanford Study,” was periodically mentioned but most of the data shown came from a similar study. The academic rational presented for using a low discount rate (which enlarges the measured unfunded liability) was that since the pension promise is ironclad, the discount rate should be a riskless measure.

Slides shown at the event are at:

http://www.gov.ca.gov/pdf/gov/pension_reform2010.pdf

Below is the text of the governor’s announcement of the event:

Governor Schwarzenegger Hosts Pension Roundtable

Gathers Academics, Elected Officials, Opinion Leaders to Discuss Comprehensive Pension Reform

Governor Arnold Schwarzenegger today hosted a pension reform roundtable with academics, elected officials, students and opinion leaders to discuss California’s pension crisis and the need for comprehensive reform. The Governor has been pushing for pension reform since coming into office, and recent studies by Stanford and the University of Chicago and Northwestern have reinforced the immediacy with which the legislature must act to reign in rising costs. The Governor has promised not to sign a budget that does not include pension reform and is calling for lower benefits for new employees, increased employee contributions, truthful financial disclosure and honest funding.

“Our pension crisis is a real problem that gets worse every day. California has $500 billion in unfunded pension debt that, without reform, will continue to grow and crowd out funding for programs and services Californians hold dear such as higher education, parks and environmental protection,” said Governor Schwarzenegger. “This roundtable is designed to expose the depths of the pension problem and to alert Californians of the even worse consequences should their leaders continue to ignore it. The state has a duty to ensure taxpayer dollars go to things the taxpayers care about, and that’s why I will not sign a budget that does not include pension reform.”

California has long provided generous pension benefits to its employees, but in 1999, the legislature and Governor Gray Davis significantly and retroactively boosted benefits after being assured by the California Public Employee’s Retirement System (CalPERS) that doing so would not cost “a dime of additional taxpayer money.” But since the passage of that legislation, taxpayer spending on pension benefits has skyrocketed by more than 2000 percent (nearly 3000 percent in the General Fund) while spending on University of California and California State University, parks and recreation and environmental protection has either declined or failed to keep up with inflation. This year, taxpayers are being required to divert nearly $3.8 billion from state programs and services to pay for retiree benefits provided by CalPERS, five times more than CalPERS projected in 1999. Over the past ten years, CalPERS’s projections were off by $20 billion, and now CalPERS predicts state costs will total $270 billion over the next thirty years and still leave pensions only 75 percent funded. Worse, that projection assumes the stock market will double every ten years – if not, the costs will be higher.

The Governor’s Administration has recently negotiated contract agreements with six state employee unions that include elements of pension reform that will help control costs going forward and ensure support for legislation requiring full disclosure from state pension funds and honest funding of pension promises as and when they are made. The six unions – the California Association of Highway Patrolmen, California Department of Forestry Firefighters, California Association of Psychiatric Technicians, American Federation of State, County and Municipal Employees, the Union of American Physicians and Dentists and the International Union of Operating Engineers – represent 40,000 of the state’s public employees. If ratified, these agreements will save the state nearly $1.4 billion in FY 2010-11, and, if similar agreements are reached with the state’s six other employee unions, state savings in FY 2010-11 would total $2.2 billion, with $1.2 billion from the General Fund.

The Governor’s Administration will continue to negotiate in good faith with all of the employee unions on all aspects of the pension reform measures. However, Governor Schwarzenegger will not sign a budget without four elements of pension reform that must be done legislatively, separate and apart from any memorandums of understanding. They include:
1. Rolling back the expansion of pension benefits adopted in 1999 as Senate Bill 400 (Chapter 555, Statutes of 1999).
2. Requiring a permanent five percentage-point increase in employee pre-tax contribution toward retirement benefits.
3. Calculating the retirement rate based on the highest three years of wages during employment instead of the highest single year.
4. Requiring full disclosure by state pension funds and honest funding of pension promises as and when those promises are made.

There were questions from reporters at the end of the symposium. Because the governor seemed to link his attempt to impose the minimum wage on state workers to push for a budget agreement and because he said he would not sign a budget without pension reform, he was questioned on that point. He said that with regard to pensions, he wanted a rollback of the pension increases in CalPERS that were made in 1999, presumably prospectively. Because his minimum wage dispute with the state controller revolves around the capability of state payroll computers to pay the minimum wage and then compensate workers for lost wages subsequently, the governor was asked if he believed in that capability. He avoided answering and tied the issue back to pensions.