Walters: Pension boosts for California police, firefighters could spur increases for other workers

It may be just a coincidence, but when California’s public employee pension system touted very high earnings on its investments last month, it was a political windfall for unions seeking to increase retirement benefits.

They could argue that the California Public Employees Retirement System’s report of a 14.8% gain during the 2025-26 fiscal year indicated that California could afford to boost pensions for police and firefighters with little or no impact on taxpayers.

Conversely, the CalPERS report was a setback for local governments that oppose the pension boost, contending it would open the door to higher pensions for other categories of public workers and would exacerbate budget shortfalls.

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Opponents of the pension increase proposed in Assembly Bill 1383 appear to face an uphill battle. The legislation passed the Assembly with an overwhelming bipartisan vote prior to the Legislature’s summer recess and could gain Senate approval before adjournment in a few weeks.

The situation is similar to what happened 27 years ago, shortly after Gray Davis was inaugurated as governor. Davis had survived a bruising primary battle in 1998 against two wealthy, self-financed opponents and a tough duel with Republican Attorney General Dan Lungren, thanks largely to big donations from public employee unions.

Davis repaid his political debt to the unions by sponsoring two benefit increases, one in unemployment benefits, the other in pensions. He and the unions contended the pension boost could be covered without new taxes because CalPERS said as much.

However, investment earnings cratered during the Great Recession a few years later. Local governments struggled to pay the increased contributions that law requires them to make when pension fund investments falter.

Local officials argued that the mandatory increases in contributions to cover the pension system’s weak earnings were diverting money that otherwise would support vital and popular services, including police and fire protection.

Eventually that led to a major overhaul of pension benefits and the contributions to finance them in 2012 — changes that AB 1383 would partially undo. Among other things, the reforms didn’t affect pensions of current retirees or employees, but reduced them for future hires.

The 2012 reforms would, it was believed, slow the increase in pension costs as workers retired and replacements were hired with lower pension guarantees. However, the impacts of the Davis-era increases continued to affect local budgets.

It was common for California cities to pay 50 cents into the pension fund for every dollar in salary for their police officers and only slightly less for firefighters. Lodi’s city manager at the time, Steve Schwabauer, told CalPERS trustees at a meeting, “I have the unfortunate obligation to tell you that Lodi is on a slow, inexorable slide toward insolvency if you maintain your present course.”

Three California cities — Vallejo, Stockton and San Bernardino — declared bankruptcy, with fast-rising pension costs as major factors. During Stockton’s bankruptcy, the presiding federal judge, Christopher Klein, declared the city could reduce pension benefits to improve its financial position, touching off a brief but fiery debate. However, none of the three cities acted on Klein’s advice.

Back to AB 1383. Sweetening the pensions of public safety employees would increase costs for the state and local governments by $4.8 billion, an analysis by CalPERS actuaries estimates, with contributions by employers rising by $233 million a year.

That’s a hefty number. The true impact of passing AB 1383 could be much higher, because once the pension limits on police and firefighters hired since 2012 are breached, unions representing other categories of workers will demand parity. And a Legislature dominated by union-friendly Democrats will be hard-pressed to refuse.

Click here to read the full article in CalMatters

California pension ruling limits how many vacation hours workers can count for retirement

A new California Supreme Court ruling on retirement pay for public employees centered on a small amount of money — just one week’s salary for a retired attorney — but it had the potential to be a much costlier decision for government agencies and taxpayers.

The question: How much accrued vacation time can retiring public employees cash out at the end of their careers in ways that boost their pensions? Former Democratic Gov. Jerry Brown took aim at that perk, among others, in his 2013 pension reform law, but it was unsettled in courts until now.

The California Supreme Court’s answer: Under Brown’s law, employees can count toward their pension formula whatever amount of vacation their contract allows them to cash out in a single calendar year.

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That sounds simple, but some California government workers end their careers with two months or more worth of accrued vacation time — enough to cash out in increments over several years and increase their retirement pension by hundreds of dollars a month.

The case that reached the state Supreme Court turned on retired Ventura County Counsel Leroy Smith, who designated October 2019 to October 2020 as his final year of civil service and cashed out 240 hours of accrued time off over that period.

His contract allowed him to cash out only 200 hours a year and his pension plan, the Ventura County Employees’ Retirement System, would not count the extra 40 hours toward his retirement formula.

Smith and other retired Ventura County employees argued Brown’s law did not specify that the hours had to be in a single calendar year, and they should have been able to count leave cashed out over any 12-month period.

A state appeals court ruled against them two years ago. Two public safety unions appealed that decision, bringing the case to the high court. They argued that Brown’s pension law does not refer to a calendar year when it discusses cashouts.

“If the Legislature intended to restrict annual leave cashouts to a calendar year, it would have used the term ‘calendar year’ instead of ‘each 12-month period,’” attorneys for Ventura County attorneys and sheriff’s deputies wrote in a briefing to the court.

But the Supreme Court found otherwise, pointing to what justices described as the common meaning of a 12-month period and the broader context of what Brown and lawmakers were trying to accomplish when they passed the pension reform law.

At the time, California’s major pension funds were recovering from two successive blows — first the dot-com bust and then the Great Recession. The law Brown signed trimmed benefits, compelled employees to work longer to earn a full retirement and required them to kick in more money from their paychecks to fund their pensions.

The Supreme Court ruling conceded that Smith wanted just 40 additional hours to count toward his pension, but the justices noted that other employees could go much further if California allowed workers to “straddle” a calendar year with vacation cashouts. They could effectively double the pensionable cashout if they timed it correctly.

Click here to read the full article in CalMatters

San Diego hit with $533 million pension payment, an unprecedented sum in a painful budget year

The city’s pension board unanimously approved the record-high annual payment Friday. It’s due July 1.

San Diego’s pension board unanimously approved Friday a record-high $533.2 million annual pension payment for the city due July 1.

The half-billion-dollar payment, which comes with the city facing a large budget deficit of roughly $250 million, is $44 million higher than last year and $35 million higher than the pension system’s actuary had projected last spring.

This is the first time San Diego’s annual payment has ever surpassed $500 million.

The actuary told the pension board Friday that his early projections indicate next year’s payment will be even larger at $547.6 million. But that number could change over the next 12 months, particularly based on the stock market.

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Stock gains shrink the city’s pension debt and its annual payment, because a crucial part of the city’s long-term payoff plan is significant growth in the value of investments made by the pension system.

Because the market has been so volatile lately and because it plays such a key role in the city’s annual payment, the actuary presented positive and negative stock scenarios Friday that showed next year’s payment could range from $517 million to $563 million.

Next year’s payment is tentatively expected to rise primarily because of the final installment of generous multiyear pay raises given to nearly all city workers in 2023.

City officials say the hikes were needed to restore city salaries to competitive levels, but they’ve ballooned the city’s annual pension payment and may continue to do so next year.

General workers are due raises of 5% when the new fiscal year begins July 1, while police and lifeguards are due 4% hikes then. Firefighters will get 3% raises July 1 and another 1% on Jan. 1, 2026.

The raises given before the upcoming fiscal year raised the average annual pay for workers in the city’s pension system by 8.1% in just one year, from $98,045 to $105,953.

The actuary, Gene Kalwarski, didn’t provide a new estimate for what the average annual pay will be after the raises that are slated to kick in this July and next January.

The raises — which also increase the estimated pension payments workers will get once they retire — have boosted the city’s pension debt to a record $3.49 billion.

Kalwarski said that number would be $3.55 billion if the upcoming raises were included. But because the city is making such a large payment this year, he projects the debt will drop to $3.4 billion by next spring.

The city’s pension debt, which is formally known as an unfunded actuarial liability, surpassed $3 billion for the first time in January 2020 and climbed to $3.34 billion in January 2021.

It then fell two years in a row before starting to rise again, to $3.36 billion one year ago and to a record $3.49 billion now.

That amount is based on the pension system having assets and investments with a projected long-term value of $10.32 billion, while facing projected future obligations to retired workers of just under $13.82 billion.

The debt had been projected to drop by $114 million this year but instead rose by $129 million. The pay raises pushed it up $267 million, which was partly mitigated by $26 million from stock gains.

Another factor that increased the debt was a recent deal to create pensions for 204 workers affected by the city’s Proposition B pension cuts, which took effect in 2012 but were later overturned in court.

These workers were hired after Proposition B took effect in July 2012 but were no longer working for the city when pensions were restored in July 2021. Giving them pensions raised the debt by $1.7 million and the annual payment by $600,000.

The agreement leaves only one group of workers still mired in Proposition B controversy: roughly 1,000 police officers who have been denied pension credit for six months they spent in the police academy.

The actuary provided comparisons Friday of San Diego’s pension system against others in California and the nation.

Click here to read the full article in the SD Union Tribune

New California ruling targets pension ‘spiking’ as retirees appeal for relief

A California Supreme Court decision three years ago was supposed to be the final word on former Gov. Jerry Brown’s marquee pension limit law, but judges are still sorting it out — and making decisions that could mean thousands of dollars a year to government retirees.

Photo of Supreme Court building in San Francisco by Jeff Chiu, AP Photo


Last week a state appeals court affirmed a Ventura County Employees’ Retirement Association’s decision undoing a perk that had allowed government workers to increase their pensions  in a way banned by Brown’s 2013 law.

The changes add up. Ventura’s retirement fund has estimated that some retirees could lose a couple hundred dollars a month once it complies with the pension  law and begins adjusting its vacation “cashout” policy and striking some other incentives, according to the Ventura County Star.

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Some of those affected retirees are urging the pension board to instead apply the new rules only to people who left civil service after 2020 — when the state Supreme Court upheld Brown’s law — rather than when the law itself took effect a decade ago. That’s in keeping with policies several other retirement boards have adopted. 

“This can be the difference between whether they eat or pay a utility bill or purchase a prescription they need,” Tracey Pirie, a retired Ventura County Sheriff’s Department manager, told the board that oversees her pension fund earlier this week.

A California Supreme Court decision three years ago was supposed to be the final word on former Gov. Jerry Brown’s marquee pension limit law, but judges are still sorting it out — and making decisions that could mean thousands of dollars a year to government retirees.

Last week a state appeals court affirmed a Ventura County Employees’ Retirement Association’s decision undoing a perk that had allowed government workers to increase their pensions  in a way banned by Brown’s 2013 law.

The changes add up. Ventura’s retirement fund has estimated that some retirees could lose a couple hundred dollars a month once it complies with the pension  law and begins adjusting its vacation “cashout” policy and striking some other incentives, according to the Ventura County Star. 

Some of those affected retirees are urging the pension board to instead apply the new rules only to people who left civil service after 2020 — when the state Supreme Court upheld Brown’s law — rather than when the law itself took effect a decade ago. That’s in keeping with policies several other retirement boards have adopted. 

“This can be the difference between whether they eat or pay a utility bill or purchase a prescription they need,” Tracey Pirie, a retired Ventura County Sheriff’s Department manager, told the board that oversees her pension fund earlier this week.

Click here to read the full article in CalMatters

California Pension Fund to Award $1.1 Million Record-Breaking Bonus to Investment Chief

CalSTRS is preparing to award a record-breaking $1.1 million bonus to its one of its top executives following the 27.2% investment return the pension funded recorded in 2020-21 financial year.

This proposed bonus, combined with with his pay of $590,000, would mark the highest compensation on record for CalSTRS Chief Investment Officer Christopher Ailman, according to a public pay database kept by the State Controller’s Office.

It also appears to be the first million dollar bonus at either of California’s two major statewide pension funds. Former CalPERS Chief Investment Office Yu Ben Meng earned about $850,000 in performance incentives in 2019.

It won’t be the last.

CalPERS has been considering offering pay incentives that would reward longevity in a chief investment officer. It adopted a plan this spring that would offer up to $2.8 million in salary and incentives for its next chief investment officer if that executive stays at least five years.

Ailman has led the investment office at the California State Teachers’ Retirement System since 2000, overseeing investment strategy for a fund that provides retirement benefits to about 975,000 people.

The California Public Employees’ Retirement System and CalSTRS award bonuses to their chief investment officers based on multi-year formulas. The formulas moderate their bonuses in big years like the past one, but also can yield substantial pay incentives in years when the pension funds miss their earnings targets.

Click here to read the full article on the Sacramento Bee

Latest Pension Ruling Likely To Create Future Uncertainty

CourtFor the second time in two years, the California Supreme Court has released a ruling on a large state issue that analysts say creates new uncertainty going forward.

Last week, the court issued its long-awaited decision in a court case involving a Sacramento local firefighters union that alleged a provision of the 2012 pension reform measure approved by the Legislature and signed by then-Gov. Jerry Brown was illegal under the “California Rule.” That’s the legal concept stemming from a 1955 state Supreme Court ruling that holds the terms of a public employee’s pension benefit cannot be reduced for years not yet worked, only kept the same or increased.

Cal Fire Local 2881 said that the pension reform’s ban on “air time” – the purchase of service credits to enhance pensions – violated the California Rule. But a unanimous state Supreme Court said “air time” was not a comprehensively bargained or legislatively approved vested right.

Yet in the lead opinion, Chief Justice Tani Cantil-Sakauye (pictured) explicitly said she was not taking a position on the California Rule question of whether pension terms could be changed going forward for years not worked.

This mixed message produced media confusion. Some news bulletins declared the justices had approved allowing a rollback of local benefits. Others suggested the California Rule had dodged a bullet.

Was ‘California Rule’ weakened or untouched?

Interest groups were similarly split.

Officials with the League of California Cities saw the court’s willingness to change the terms of pensions on a relatively minor issue as a sign it was open to a significant weakening of the California Rule. The league and many like groups hope for a state Supreme Court ruling that echoes a lower court’s ruling that pensions are not “immutable.” They were heartened by Cantil-Sakauye specifically noting the state had raised the retirement age from 67 to 70 for current as well as prospective employees.

But the Californians for Retirement Security, which represents 1.6 million public employees and former public employees, declared victory after noting that Cantil-Sakauye had specifically said “air time” was changeable because it was not a vested right – unlike basic pension formulas basing retirement checks on years worked times a percent of late-career salary.

The group and others also cited a concurring opinion written by Justice Leondra Kruger and joined by Justice Goodwin Liu that held that government employers could not “withdraw” from the pension terms established upon initial employment by “an implied unilateral contract.”

The state Supreme Court is expected to eventually take up at least two more cases involving union objections to the 2012 pension reform, so the sanctity and extent of the California Rule is likely to remain in the news. In his final year in office, Gov. Jerry Brown repeatedly urged the court to give governments the option to change future pension terms as pension costs have crowded out local, county and school programs and services. Brown’s office defended the 2012 reform law before the high court because of concern that state Attorney General Xavier Becerra was not eager to defend it.

Like 2017 case, ruling seen as murky, not clarifying

But in the meantime, last week’s ruling seems as murky as the court’s decision in the 2017 California Cannabis Coalition v. City of Upland case. Previously, Proposition 218, approved by voters in 1996, had been understood to require that any tax whose revenue would go to a special purpose – building a sports arena, adding libraries, etc. – had to be approved by a two-thirds vote.

Upending decades of precedent, the state Supreme Court held in a 5-2 decision that the two-thirds threshold applied only to ballot measures initiated by local governments. Because they were not local government measures, those qualified by citizen initiatives only needed simple majority support to be enacted.

In dissent, Justice Kruger took square aim at the idea that this interpretation was what voters expected in 1996 when they made it harder for local governments to raise taxes.

Kruger wrote, “A tax passed by voter initiative, no less than a tax passed by vote of the city council, is a tax of the local government, to be collected by the local government, to raise revenue for the local government. None of this could have been lost on the electorate that, also by initiative, amended the California Constitution to set ground rules for voter approval of local taxes.”

This article was originally published by CalWatchdog.com

What Recent Pension Ruling Means for California’s Taxpayers

pension-2Last week, the California Supreme Court issued a ruling in Cal Fire Local 2881 v. CalPERS, a case involving public employee pensions. For taxpayers, the decision was a mixed bag. On the plus side, the court refused to find a contractual right to retain an option to purchase “air time,” a perk that allowed employees with at least five years of service to purchase up to five years of additional credits before they retire. Under this plan, a 20-year employee could receive a pension based on 25 years of contributions.

On the negative side, the high court left intact, for now, the so-called California Rule, which has been interpreted as an impediment to government entities seeking to reduce their pension costs. The rule, unique to California, provides that no pension benefit provided to public employees via a statute can be withdrawn without replacement of a “comparable” benefit, even as deferred compensation for services not yet provided.

The unanimous 54-page opinion by the Supreme Court resulted in a wide variance of headlines and social media posts. The Associated Press read “California’s Supreme Court upholds pension rollback.” Ironically, a conservative reform group sharply criticized the decision for failing to repeal the California rule outright while another conservative policy organization called it a “victory for taxpayers.”

So what was it?

To read the entire column, please click here.

How Local Governments Can Reform Pensions IF the “California Rule” is Overturned

pension-2In December of 2018, the California Supreme Court will hear arguments in what is generally referred to as the Cal Fire pension case. The ruling could potentially overturn what is commonly referred to as the “California Rule.” The current interpretation of the rule is that pension benefits, once increased, cannot be reduced for existing employees even for future years of service without the agency providing a benefit of equal value to the employee.

What reforms would become possible if the Supreme Court rules that changes for future years of service are not protected by the California Rule?

To demonstrate how this ruling could be a game changer and open the door to pension reform for nearly every city and county in California, this article uses the potential savings for various reform options for the County of Sonoma.

It should be noted that any changes to the pension system if there is a favorable ruling by the court would need to be made by the governing body of each agency and if they refuse to act, could also be made by the taxpayers through the voter initiative process.

Current Situation in Sonoma County

The pension system for Sonoma County employees was founded in 1945 and up until 1993 was a sustainable and affordable system that paid career employees 2% per year of service. This would mean, for example, that after a 35 year career a retiree would collect a pension equal to 70% of their final base salary. Sonoma County employees are also eligible to receive Social Security benefits. Over the first 48 years until 1993, the pension system had accrued $355 million in total pension liabilities (money owed to retirees and earned to date by current employees).

But then, due to a series of illegal pension increases back to the date people were hired in 1998, 2003, 2004 and 2006, pensions for employees with only 30 years of employment jumped (including “spiking”) to 96% of their gross pay. After the first increase, the liability had doubled from the 1993 $355 million amount to $793 million in 1999. The liability doubled again in 9 years and hit $1.9 billion in 2009. Last year, in 2017 the pension liability reached $3.34 billion, a staggering 941% growth over 24 years.

The Growth of Sonoma County’s Pension Liability
$=Billions

To pay off the soaring liability, Sonoma County issued pension obligation bonds in 1994, 2003 and 2010 totaling $597 million dollars of principal. Paying off the bonds with interest will cost taxpayers $1.2 billion on top of their normal pension contributions. Currently, the County owes $650 million in principal and interest on the bonds that will cost them an average of $43 million per year until 2030.

In addition, the County’s contribution to the pension system (including debt service on the pension obligation bonds) has grown from $8 million in 1998 to $117 million in 2017. In other words, we have a serious math problem on our hands. While tax revenues have been growing at 3% per year, pension and healthcare costs have grown by 19%. Something has to give. In Sonoma County we have two choices, do nothing and pay higher taxes for fewer services, or, if possible (depending on the outcome of the Supreme Court case), reform our pension system to make it more equitable for taxpayers and more secure for employees and retirees.

So far, money has been taken from our roads and infrastructure maintenance budgets and the County has borrowed $597 million to pay for pensions. Soon, more and more money is going to come from cuts to fire and police protection, and services for those to in need. The retroactive pension increases not properly funded have essentially created a debt generation engine that sticks our children and grandchildren with enormous debt for services received in the past.

The Pension Increases May Have Been Illegal

In 2012 responding to a complaint I filed, the Sonoma County Civil Grand Jury could not find any evidence that the County followed the law when pensions were increased. The California Government Code in Section 7507 requires that the public be notified of the future annual cost of the increase. However, records show that all of the retroactive pension increases were enacted without determining the future annual costs and the public was never notified. This is a serious issue since public notification is the only protection taxpayers have. In addition, documents uncovered by New Sonoma indicate that the agreement was for the General employees to pay 100% of the past and future cost of the increase and Safety employees to pay 50% of the cost. This requirement was never enforced by the Sonoma County Retirement Association as it should have, so the vast majority of the costs for the benefit increases have been illegally borne by the County’s taxpayers.

These same increases were enacted at the state and local level from 1999 to 2008 for almost every public agency throughout the state. Cursory investigations of other cities conducted by the California Policy Center and Civil Grand Jury’s in Marin and Sutter county found similar violations at every agency investigated. A lawsuit is currently under appeal that would void illegal increases back to the date they were enacted which would in Sonoma County’s case save taxpayers $1.2 billion over the years ahead. But even if this case fails, other reform options may be available soon as a result of a favorable supreme court ruling. Here they are:

1. Cap the Employer Contribution

A lot of problems could be fixed at the governance level if employees felt the impact of growing unfunded liabilities. As long as the current situation of the employer/taxpayer covering 100% of the unfunded liability and debt service on the bonds exists, the problem will continue to grow and reforms will be minimal because all actuarial losses fall on the taxpayer.

Capping the employer contribution at 15% of salary (still 5 times what private sector employers contribute to retirement funds for their employees) would cut pension costs in Sonoma County from $117 million to $55.4 million, a savings to the county of $61.6 million per year. And as pension costs increase over the years ahead, the employees will pay all the costs associated with the growth.

2. Split All Pension Costs 50/50 Between the County and Employees

Currently the employer contribution is 19% of payroll. The current pension bond debt service, all paid for by the employer, is 11.3% of payroll. The current employee contribution is 11.6% of payroll. Therefore Sonoma County’s total pension costs in 2017 were 42% of payroll.

Capping employer contributions at 50% of pension costs or 21% of payroll would save the county $50 million per year, a cost that would be borne by employees in additional pension contributions.

3. Provide an Opt Out for Employees to a 401k Plan

Instead of forcing employees to contribute 21% of their take-home pay to their pension, a 401k option could be created.

Existing employees could be provided with the option of moving the present value of their future pension benefit into a 401k account and opting out of the defined benefit pension system. Going forward, the County could provide them with a 10% of base salary 401k contribution which the employee could match for a 20% contribution. Then, if the employee wanted to turn their account balance into a defined benefit for life, they could purchase an annuity upon retirement using their 401k funds.

Studies show young people entering the workforce prefer the portability of a 401k plan because they don’t see themselves in the same career their entire lives. Defined benefit pension funds also punish folks who leave the system early and highly reward those that stay because they are back loaded by design.

A lot of folks might also choose this option because they may be worried about the soundness of their pension plan, which in Sonoma County’s case, they should be.

4. Improve Pension Board Governance

Require a majority of non pension fund members on the Sonoma County Employee Retirement Association (SCERA) board or move the servicing of the fund, if possible to a private entity because of the conflicts of interest that exist when board members are also part of the pension system.

5. Establish Greater Transparency

Establish a COIN Ordinance to require the County Supervisors to hire an outside negotiator during contract negotiations and to provide the public with the cost impact of any changes to the citizens ahead of approval.

6. Mandate Public/Private Pay Equity

Require the County to perform a prevailing wage study and offer new County hires salaries that are similar to what Sonoma County residents earn in the private sector for work requiring comparable education and skills.

7. Return Spending Authority to Voters 

Require voter approval of any pension obligation bonds, and require voter approval of any increases to pension formulas or increases to salaries in excess of inflation.

6. Eliminate Conflicts of Interest

Do not allow elected officials to be members of the pension system due to the obvious conflict of interest.

7. Improve Public Oversight

Create a permanent Citizens Advisory Committee on Pensions that would provide an annual study of the pension system and track the success of pension reform efforts and provide recommendations to the Board of Supervisors. All reports prepared by the committee will be posted on the Committee’s webpage on the County’s website. The committee would have the power to perform accounting and regulatory compliance audits of the Sonoma County Retirement Association, investigate any evidence of illegal acts, and recommend appropriate remedies to the Board of Supervisors. A description of any violations and any committee recommendations will be posted on the Committee’s webpage on the County’s website.

This article was originally published by the California Policy Center

*   *   *

Ken Churchill has over 40 years of business and financial management experience as founder, CEO and CFO of a solar energy company and environmental consulting firm. In 2012 after discovering the county illegally increased pensions without the required public notification of the cost he founded New Sonoma, and organization of financial experts and citizens to investigate the increase and inform the public. Information on New Sonoma and their findings and court case can be found at www.newsonoma.org.

More Than 100 Local Governments Pursue Tax Hikes to Meet Soaring Pension Bills

TaxesNine months after a League of California Cities report warned that pension costs were increasingly unsustainable, more than 100 local governments in the Golden State are asking voters for tax hikes on Nov. 6 – which Bond Buyer says is nearly double the record of 56 set in November 2016.

The Nov. 6 measures are on top of 36 city and county taxes that went before voters in the June 2018 primary.

Historically, local hikes in sales and hotel taxes are approved at least 60 percent of the time in California. They’re generally linked to a specific local need – not growing labor costs. With CalPERS’ bills to local governments on track to double from 2015 to 2025, such claims would seem dubious this election year.

Nevertheless – aware that voters likely would be cool to the idea of raising taxes to pay for pensions far more generous than those in the private sector – even now, many local elected leaders depict the hikes as necessary to pay for public safety or for fixing potholes and longer library hours.

Local officials assert hikes are about adding services

In the lead-up to the June primary, virtually the entire city leadership ranks in Chula Vista campaigned for a half-cent sales tax hike on the grounds that it was crucial to adding dozens of badly needed police officers and firefighters.

The tactic worked as Chula Vistans backed the increase. But city leaders’ claims of a coming public-safety hiring spree were impossible to square with the numbers from the city’s budget office. In April, it warned of “bleak” times ahead for San Diego County’s second-largest city, including an annual structural deficit that could reach $26.6 million by 2023 – with surging pension bills mostly to blame.

In Santa Ana, where voters are being asked to raise sales taxes by 1.5 percentage points on Nov. 6, the campaign for the tax hike rarely mentions pension costs.

But once again, a city bureaucrat framed the tax hike in more candid fashion.

“We’re not immune to the labor cost increases that are occurring throughout the state of California and throughout the country. We need to be able to provide additional services to the community. The question before the voters is what level of services do they want from their government?” Jorge Garcia, a top aide in the Santa Ana city manager’s office, told Bond Buyer.

Santa Ana’s pension bill is expected to go from $45.1 million in 2017-2018 to $81.2 million by 2022-2023 – an 80 percent increase.

‘The cause of this point-blank is CalPERS’

But some politicians have no patience with misleading narratives. “The cause of this point-blank is CalPERS and our pension fund,” Lodi Councilwoman JoAnne Mounce said in June when the Lodi City Council decided to put a half-cent sales tax on the Nov. 6 ballot.

As the League of California Cities reported in January, “With local pension costs outstripping revenue growth, many cites face difficult choices that will be compounded in the next recession. Under current law, cities have two choices – attempt to increase revenue or reduce services.”

The severity of the pension crisis is illustrated by the fact that it is sharply worsening in a period in which there is often seemingly good news on the fiscal front.

State revenue is expected to go up in 2018-19 for a 10th straight year.

County assessors report a 6.5 percent increase in property taxes this year. That’s triple the rate of inflation and comes even with Proposition 13 preventing increases of more than 2 percent on homes, businesses and other properties that didn’t change hands.

In July, CalPERS announced a second straight year of above-average earnings on its investment portfolio, which rose in value to $357 billion.

This prompted a news release from a top state union leader disputing talk of CalPERS’ poor health.

“While it’s important not to focus on one-year returns, these returns continue the long-term trend of CalPERS performing above or near its long-term discount rates and once again defying the sky-is-falling predictions of system critics,” wrote Dave Low, executive director of the California School Employees Association.

But despite the good returns, as of July, CalPERS only had 71 percent of funds needed to pay for its long-term financial liabilities, the Sacramento Bee reported. That’s far below the 80 percent funding level that is considered the absolute minimum for a healthy pension system.

This article was originally published by CalWatchdog.com

How Government Unions Are Destroying California

Calpers headquarters is seen in Sacramento, California, October 21, 2009. REUTERS/Max Whittaker

California was once the state that everyone looked up to. With the best weather and natural resources, we were full of hope and innovation. We had the best public schools, a world class system of higher education, the best freeways, infrastructure to provide fresh water to our growing population, which also doubled as a source of clean energy through hydro-electric power, a business-friendly environment where entire industries grew in entertainment, aerospace and technology, making our economy virtually recession-proof.

Then in 1978, then-governor Jerry Brown signed an executive order that imposed union-shop collective bargaining on public agencies in California, and the rise of public-sector union power began.

Today, public-sector unions are the most powerful political force in our state. They control a majority of our state Legislature and might control a supermajority in November if a few swing districts fall their way. No politician, Democrat, Republican or Independent, acts without considering how it will affect the union agenda.

These government unions press 100 percent for a progressive agenda, and they consistently agitate for increased spending. In two areas, the quality of our public education system and the financial health of our cities and counties, the consequences of government union power have been catastrophic.

Public Schools

The teachers’ unions, usually a local affiliate of the California Teachers Association, control most of our school boards, leading to control of our public schools. It is more than a coincidence that our public schools rank near the bottom in every category among the 50 states.

As lobbyists for staff and teachers, who are paid to run our public schools, public sector unions fight to maintain the status quo. They protect incompetent teachers, they permit excellent teachers to be dismissed in layoffs, they actively oppose charter schools, they fight poor parents who try to employ Parent Trigger Laws, and they conduct an active campaign 24/7 against any form of school choice.

The financial power of teachers unions:

  • There are over 266,255 public school teachers in California.
  • Each pays at least $1,000 in union dues annually.
  • The CTA acknowledges spending up to 40 percent of those dues explicitly on politics. That is $106 million per year.
  • If the lawyers in Friedrichs are right — that all public union spending is political — the actual total is $266 million per year.
  • Unions for non-teacher staff also are active. There are 215,000 school staff employees who are members of the CSEA (California State Employees Association), who each pay approximately $500 annually in dues. If all of those dues are spent on politics, that adds $107 million more for political spending annually.
  • The total spent by public education unions alone is estimated to be $373 million per year – just in California.

Pensions

Police and firefighter unions do the most damage at the local level. They have attained unsustainable pensions, known as “3%@50”, meaning that a member of that bargaining unit is eligible at age 50 for a pension equivalent to 3% of his highest salary times their number of years of service. While the age of eligibility has been raised for new public safety employees entering the workforce, the vast majority of active police and firefighters still retain these “3%@50” benefits. So at age 50, a 20-year veteran can retire with a pension equivalent to 60% of their highest year’s salary, which can be manipulated through spiking, and a 30-year veteran is eligible for 90% of his or her highest salary.

These pension requirements are held under the “California Rule” to be irreversible. In other words, once they have been adopted, democracy is incapable of turning off the spigot. With the spigot running constantly, communities go bankrupt. First, they cut other services. Then they increase taxes. Then they refuse to pay bondholders, so no one will invest again.

Current unfunded liabilities in California:

At CalPERS: $93.5 billion (ref. page 120, “Funding Progress,” CalPERS 6-30-2015 financial report).

At CalSTRS: $72.7 billion (ref. page 118, “Funding Progress,” CalSTRS 6-30-2015 financial report).

Local Unfunded Liabilities add considerably to this total, since CalPERS, with assets of $301 billion, and CalSTRS, with assets of $158 billion, only constitute 62 percent of California’s $752 billion in state and local pension fund assets. If all of these systems in aggregate were 75 percent funded, which is probably a best case estimate given the poor stock market performance since the official numbers were released, the total unfunded pension liabilities for California’s state and local government workers would be $256 billion.

And $256 billion in unfunded liabilities, a staggering amount, still understates the problem for two reasons: First, these pension funds may not succeed in securing a 7.5 percent average annual return in the coming decades. If not, then they will not earn enough interest to prevent their funding ratios from getting even worse. Also, this doesn’t take into account “OPEB,” or “other post employment benefits,” primarily health insurance. The unfunded OPEB liability just for Los Angeles County is officially recognized at over $30 billion.

A realistic estimate of the total unfunded liabilities for retirement obligations to state and local workers in California is easily in excess of $500 billion. These benefits, which are financially unsustainable and far more generous than the taxpayer funded benefits available to ordinary private sector workers, were forced upon local and state elected officials through the unchecked p0wer of government unions.

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Bob Loewen is the chairman of the California Policy Center.