State Pension Reform Strategies Yield Mixed Results

In recent months, a handful of states have made big changes to their public retirement plans. The latest spate of pension reform is part of a broader trend among retirement plans following the financial crisis of 2008. The Center for Retirement Research at Boston College looked at reforms made at over 200 major state and local retirement plan between 2009 and 2014 and found that since the financial crisis, 74 percent of state plans and 57 percent of large local plans have cut benefits or raised employee contributions to curb rising costs.

A few states that have recently been in the news for their actions to address pension debt are reviewed below. Notably, most of these states have shifted the risk of future retiree benefits away from employers and onto public workers by designing plans that have more in common with a 401(k) than with traditional defined benefit plans. Despite dramatic changes in plan design, these states still struggle with how to pay off the existing unfunded liabilities. Further, the move away from defined benefit plan designs may exacerbate the problem rather than helping to solve it.

Michigan

In Michigan, legislation passed and signed by the governor in July is intended to increase incentives for teachers to join a defined contribution or a 401(k) type plan. The new law calls for the replacement of an existing hybrid retirement plan with a new hybrid option. The legislation does not change the pension or health care benefits for current retirees or employees who were hired before July 1, 2010; nor does it address the $29 billion unfunded liability of the older defined benefit plan.

Proponents of the legislation argue that it gives schools more predictable and contained pension costs.

Opponents, however, fear that the changes will cost taxpayers and lead to the closure of any hybrid retirement option, leaving teachers and other school employees with only a 401(k)-type plan. (If the new hybrid plan drops to a funding ratio of 85 percent or lower over two years, it will be closed to new members.) They also fear that it will make it more difficult to recruit new teachers and discourage existing teachers to remain in the profession long-term.

The final bill was a compromise from an earlier legislative proposal that would have closed the hybrid plan entirely to new hires and placed all teachers in 401(k)-style plans. That proposal was projected to cost $16 million in additional costs for 2018 and grow to as much as $813 million per year by 2048.

Moving school employees into a new hybrid plan does not pay down the debt of the legacy pension system that went from being fully funded in 1996 to a $29 billion deficit in 2017.

Pennsylvania

Pennsylvania legislators also passed pension reform legislation this summer that closes the existing defined benefit retirement plan to all school employees and most state workers beginning in 2019. Future workers will select from one of three plans that offer either a combination of some guaranteed benefit and a 401(k)-style option or a 401(k)-type option only. Current members of the retirement plan will have the choice to stay put or switch into one of the new plans, but once a choice has been made, it is final. Retirees will not see a change to their benefits under this new law.

Supporters of the legislation argued that the new retirement plan options reduce the burden on taxpayers who are on the hook for public-sector retirement benefits regardless of market performance and would avoid increases in contributions that schools and state government now face. It could also reduce fees paid to Wall Street and potentially save $10 billion, said Gov. Tom Wolf, who signed the bill into law on June 12, 2017.

The changes are not without critics, however, who argue that the transition to new retirement options does little to address the root cause of the pension crisis, which is the combined $70 billion unfunded liability of the state’s retirement plans for state employees and public schools.

Kentucky

In 2013, Kentucky lawmakers approved a pension reform plan that moved newly hired state workers to a 401(k)-style hybrid plan, generated an extra $100 million for the state pension system, and committed the state to making full recommended pension contributions every year.

After that plan was approved, a bipartisan group of Kentucky state legislators wrote of their fears that the new 401(k)-style hybrid plan would harm, rather than help, current and future workers by reducing benefits and increasing costs.

Since 2013, the unfunded liabilities of the pension system have continued to grow, totaling $33 billion at the end of June, 2017 – up $26 billion from about a decade earlier. Growth in the unfunded liability is attributed to everything from weak financial markets and plan performance to increases in cost of living adjustments and employer contributions below actuarially required levels, a “pattern of underfunding the system…from fiscal year 2004 to fiscal year 2014” that could leave the retirement system facing insolvency in just five years.

Kentucky Gov. Matt Bevin is preparing to call a special session to stabilize the state’s pension crisis, but has not yet released specific proposals for pension reforms or set a date for the special session.

Illinois

A pension reform plan for Chicago’s municipal and labor pensions was included in the Illinois state budget that was approved in July. The approved budget also included a hybrid plan for some new employees in the state pension system. Increased contributions from some employees and increased city contributions that were included in the measure are intended to improve the Chicago Municipal Employees retirement plan and the Chicago Laborers’ Annuity and Benefit fund funding ratios to 90 percent each by 2058.

Chicago is required to make contributions on an actuarial basis to both funds beginning in 2023. Participants hired after January 1, 2017, will face higher contribution rates but full eligibility for a benefit lowered to age 65 from 67. Those hired before 2017, but on or after January 1, 2011, will have the option to increase their contribution rate in exchange for lowering their retirement age to 65, while those hired before 2011 are not affected.

The pension changes for new hires at the Illinois Teachers Retirement System, the Illinois State Employees’ Retirement System, and the Illinois State Universities Retirement System include a hybrid retirement plan for new hires. The changes are not expected to dramatically reduce the state’s unfunded pension liabilities.

Lessons learned

The experiences of these public retirement plans might help to inform policymakers and stakeholders in Colorado who are working to ensure that public employees have a reliable and sustainable retirement plan, or at least provide a cautionary tale. Certainly considering how different plan designs treat risk and which parties bear risk is a critical part of the equation. Any changes will likely impact current, future, and retired public employees and should be a part of any discussion. In addition, any future changes should be evaluated in terms of how they address the current unfunded liability. As experienced by several states, efforts to shift risk and ignore the unfunded liabilities mean the plan is worse after reforms than before they were implemented.

In 2015, an independent, third-party analysis commissioned by the Colorado General Assembly and performed by GRS considered the cost and effectiveness of the PERA hybrid plan design compared to other types of retirement plans. PERA on the Issues readers may be familiar with this study that found the PERA plan design delivers the most benefit at the lowest cost. The GRS study also included information related to the cost associated with switching from the current hybrid defined benefit plan design to a cash balance-type plan. The “transition cost” of moving new hires to this type of plan structure over time would total between $9 billion and $16 billion.

Retirement Roundup: Pensions Benefit Taxpayers

A digest of timely information and insight about finance, investing, and retirement.

Taxpayers not burdened by public pensions | PlanSponsor

Taxpayers only contribute about 20 cents on the dollar toward public pensions plan contributions, according to a recent paper by the National Conference on Public Employee Retirement Systems (NCPERS). And research from the National Institute on Retirement Security (NIRS) indicates that every dollar paid in pension benefits creates $2.21 in economic output.

This is what retirees would do differently if they could go back in time | Time-Money

A little bit of practical advice or a fresh perspective on the retirement savings journey could come from recent and soon-to-be-retirees who shared some of the lessons they learned on their own retirement paths.

Denverites define $2 million as the entryway to wealth, lower than national mark | The Denver Post

Being wealthy can mean different things to different people, but for residents of the Mile High City, the threshold is a net worth of $2 million, according to the new Modern Wealth Index for Denver from Charles Schwab & Co. Nationally, the “wealthy” mark was $2.4 million and the “financially comfortable” mark was $1.1 million. In metro Denver, financially comfortable was defined as $541,700.

Labor Dept. seeks delay of consumer protection rule for financial advisors | The New York Times

Regulators are seeking to delay the deadline for financial advisors to fully comply with a rule that would require them to act in their customers’ best interest, according to a federal court filing earlier this month. [Read more about the federal rule as it was first introduced in April, 2016.]

Why the Dow isn’t really the stock market | The New York Times

The Dow Jones Industrial Average, the oldest and best-known measuring stick for the American stock market, has risen more than 18 percent over the last 12 months, a spectacular return. Meanwhile, the Standard & Poor’s 500-stock index, the benchmark for large companies used by many stock professionals, has been far less impressive, with a gain in the last 12 months of a little over 12 percent.  To a surprising extent, the divergence depends on just two stocks, Apple and Boeing, and on the ways in which the two indexes are constructed. The Dow is an old and simple index, including only 30 stocks that are weighted by price, meaning that the highest-priced share of a stock – which happens to be Boeing at the moment – has the greatest sway in the index. The S.&P. is known as a “market-weighted index” and is used by professionals much more widely than the Dow.

Why loneliness is more dangerous than obesity | MarketWatch

Loneliness is just as much of a public health hazard as obesity, according to research presented at the American Psychological Association annual conference. Research from a large number of studies showed people who had greater social connections had a 50 percent reduced risk of dying early, and social isolation, loneliness or living alone each played a significant role in premature death. Over 42 million Americans over the age of 45 suffer from chronic loneliness, according to the AARP. People that considered themselves lonely were less likely to engage in social activities, such as going to religious services, volunteering or finding a hobby. (The AARP promotes group activities for seniors.)

Comparing Apples to Apples: How Rates of Return Can Seemingly Vary from One State to Another

Recent attention on the strong investment performance of public pension plans has generated questions for Colorado PERA about its own rate of investment return. This post will address those questions to make sure the public can make an accurate assessment of PERA’s investment program.

  1. Timing matters. It is very important when considering investment performance that similar time frames are being compared. Many public pensions report financial performance on fiscal years that end on June 30. Others, such as PERA, use the calendar year-end date of December 31 to report returns. Different timeframes will certainly lead to differences in investment performance because the market can deliver dramatically different results from one month to the next. Comparing plans with different reporting timeframes is akin to comparing the weather in December to the weather in July.
  2. Allocation matters. Each pension has its own investment strategy, which is reflected in the asset allocation or percentage of the total fund dedicated to various investment classes. Asset allocation may differ from plan to plan depending on factors such as overall risk tolerance, liability structure, or state laws. The PERA Board of Trustees determines the strategic asset allocation for PERA’s investment portfolio. Over time, the Board’s strategy and allocation have generated returns that have landed PERA in the top quartile of investment performance over the last 10 years (as of December 31, 2016) when compared with peer investors. In years when the global equity market is up, those investment programs with a large stake in that asset class might show a stronger performance. As a long-term investor, PERA has the responsibility to look at the long-term and not try to time the market.
  3. Understanding these differences matters. These are differences with significant distinction. Certainly, it can be tempting to draw conclusions based on headlines or topline information – pension plans are complicated creatures. But, in the case of billion-dollar investment portfolios, the details matter. In the same way a smart traveler wouldn’t plan a ski trip at the beach in July, it is important to pay attention to what is happening and when – or risk some serious confusion when you show up with skis to build your sand castle.

Colorado PERA 2016 Comprehensive Annual Financial Report

Colorado PERA Statement of Investment Policy

Senate Bill 1 and Current Conditions: How Things Are Different Now

In 2010, Colorado became one of the first states in the nation to respond to the consequences of the economic crisis by passing major reforms to the defined benefit plan. Landmark legislation, Senate Bill 10-001, reversed the course of PERA funding and returned it to sustainability. Since 2010, conditions continue to evolve and PERA has responded.

PERA now faces changes that will have a significant impact in the future. First, PERA members and retirees are living longer and, on average, receiving a benefit over a longer period. Second, the PERA Board of Trustees has reviewed the recommendations of economists, actuaries, and investment advisors and determined that the expected rate of return on its investments may not be as high moving forward as it has been in the past. Therefore, last year, the Board lowered its expected rate of return to 7.25 percent from 7.5 percent previously.

Changes in economics and demographics have increased the time PERA needs to become fully funded, and therefore also increased the risk level of PERA’s funding – not only for PERA members, but for all taxpayers throughout the state of Colorado where PERA members live, work, and support the economy.

PERA measures funding risk using a “signal light” color framework to clearly categorize and communicate the current level of risk to each division. Today, all PERA divisions are in the orange category, indicating that PERA needs to formulate a plan to reduce that risk. (Read more about what the orange signal light means for PERA). Shortening that period of time is an appropriate step to secure the retirement for the 565,000 members and retirees that make up PERA today.

The PERA Board has asked PERA staff to undertake an effort to inform and listen to members, retirees, employers, taxpayers and others about improving PERA’s funded status and reducing its risk exposure, while also maintaining secure retirement benefits and strengthening the Colorado economy.

Known as PERAtour, the first stage includes gathering input on principles and guidelines for future changes. PERA staff held a series of meetings this spring, and attendees at the meetings were overwhelmingly supportive of preserving a fair and sustainable retirement system that provides a dignified retirement for public employees for both today and the future. They also recognized that, like in 2010, potential changes will require shared responsibility and teamwork from all participants: members, retirees, and employers. (More detailed results of feedback are available on the PERAtour website, where feedback can still be provided.)

The Board expects to explore different options to improve PERA’s funded status this fall in order to make any recommendations for necessary action to be considered during the 2018 legislative session. Such efforts have recent precedent in SB 10-001, which required that all stakeholders contribute to the solution.

Senate Bill 10-001 Recap

In 2009 and 2010, the PERA Board of Trustees worked with PERA members, retirees, employers, and other stakeholders to develop a package of recommendations for the Legislature to consider in order to increase funding for the plan while also reducing costs over time. The leading principle of those recommendations was shared sacrifice, meaning that all members – retired, current, and future – as well as employers gave up something as a way to improve the sustainability of the fund.

Major provisions of the changes recommended by the PERA Board in 2009 and approved by the legislature and signed by the governor in 2010 included:

  • Increases in contributions from members and employers to reduce the unfunded liability over time;
  • A 2 percent cap on the Annual Increase or Cost of Living Adjustment (COLA), for all current and future retirees; and
  • Increases in the minimum age to qualify for service retirement for new members as well as other provisions such as requiring retirees who return to work to make employee contributions at the same rate as all members working for that employer.
  • Some recommendations made by the Board were not included in the enacted legislation. These included increasing the number of years in the Highest Average Salary calculation and a higher age for service retirees in the School Division.

These changes illustrate the willingness of the PERA Board, membership, and employers to take critical (and often self-sacrificial) steps to improve PERA’s risk profile and ensure a long future ahead.

Retirement Roundup: Prescription Drug Prices Confuse and Confound

A digest of timely information and insight about finance, investing, and retirement

Take the generic, patients are told. Until they are not. | The New York Times

Standard advice for consumers is to always ask if there is a cheaper generic when prescribed a medicine. But in the upside-down world of prescription drugs, conventional wisdom about how to lower drug costs is often wrong. As pharmaceutical companies squeeze the last profits from products that are facing cheaper generic competition, corporations are cutting deals that give consumers little choice but to buy brand-name drugs – and sometimes pay more at the pharmacy counter than they would for generics.

Should you pay down your mortgage or save for retirement? | The Motley Fool

If you have a little extra cash at the end of each month, it’s wise to put it toward long-term financial goals. But how do you know which goals should come first? Is it more worthwhile to put your extra money toward your mortgage or your retirement fund? The short answer is that they’re both good options.

Millennials lack confidence in Social Security’s future | PlanSponsor

A majority of young Americans lack confidence in the future of Social Security, according to the most recent GenForward study from the University of Chicago. The sentiment was strongest among African Americans and Latinos. Yet, despite their pessimism, Social Security remains a portion of millennials’ plans for living in retirement.

Treasury ends Obama-era retirement savings plan | The New York Times

An Obama-era program that created savings accounts to help more people put away money for retirement is being shut down by the Treasury Department, which deemed the program too expensive. The 30,000 participants in the program, known as myRA and intended for people who did not have access to workplace savings plans, were informed that they could roll the money into a Roth individual retirement account.

Many still sidestep end-of-life care planning, study finds | Kaiser Health News

Even though advance directives have been promoted for nearly 50 years, only about a third of U.S. adults have them, according to a recent study.

What you should know about retiring in a foreign country | CBS Money Watch

More people are choosing to spend their retirement years abroad, with over half a million Americans collecting their Social Security benefits in different countries around the world. But choosing to retire abroad shouldn’t be undertaken lightly. There are a number of things to take into account, from the cost of living and fluctuating exchange rates to health care access and even the ability to receive benefit payments using a foreign banking system.

PERA General Counsel Elected by National Pension Group

New Leadership Position Benefits PERA Members and Public Pension Plans Nationwide

Colorado PERA General Counsel Adam L. Franklin was recently elected to serve as the President of the National Association of Public Pension Attorneys (NAPPA) for 2017-2018. Franklin has been a member of NAPPA since 2004 and joined the NAPPA Executive Board in June 2014. Prior to joining the Board, he served on NAPPA’s Securities Litigation Working Group as a member, Co-Chair, and Chair.

NAPPA was created in 1987 and founding members included former PERA staff. NAPPA is considered the leading educational association for attorneys in the public pension arena. Attorneys are involved in everything that public retirement systems do, from making benefit payments, to collecting contributions, administering disability, survivor, and health care programs, and the very important task of investing billions of dollars to provide secure retirement income to public employees. This makes it critical for public pension attorneys to be familiar with the latest developments in public pension law.

PERA staff who attend the NAPPA summer conference benefit from the wealth of knowledge and experience of other leading pension plan attorneys. They frequently lead sessions and participate on panels where they have the opportunity to share their expertise with other organizations, ensuring that the NAPPA conferences remain relevant and informative.

Earlier this summer, Franklin moderated two sessions including, “Varying State Perspectives on Defined Benefit Pension Protections” and “The Role of the Board in Benefit Design Issues/Reform Legislation.” Through Franklin’s leadership role and by sharing his expertise with other public pensions, PERA supports public employees not only in Colorado but also through retirement plans across the country.