Pen Ben Q&A
Transcription
Pen Ben Q&A
March 19, 2015 TO: Joseph Coppola, Jr., President, Bergen County Education Association FROM: Wendell Steinhauer, President Marie Blistan, Vice President Sean Spiller, Secretary-Treasurer Edward Richardson, Executive Director Steven Swetsky, Assistant Executive Director RE: Questions You Posed Regarding Pension Reform Concepts Earlier this month, you sent a memorandum to several leadership groups and the field representatives in Bergen County, posing a series of questions regarding the pension reform concepts described in a document known as the “roadmap.” (For purposes of clarity, we will refer to that document as the “roadmap memo,” since there is confusion due to the use of the word “roadmap” in the title of the report issued by the NJ Pension and Benefit Study Commission.) While your memorandum was not directed to us, we believe it is helpful to provide you with answers to those questions. By necessity, most of the answers below are speculative, since no agreement has been made about any changes to the current pension systems for NJEA members. The commission’s recommendations represent their starting point for proposed negotiations. Our starting point, should we ultimately engage in formal negotiations, would be much different in many instances. We have different, and higher, requirements in a number of areas, including the funding required of the state to ensure the solvency of the current plan if it is frozen and the quality of the successor plan that would be established should that happen, and we strongly opposed many of the commission’s other recommendations. NJEA has no intention of agreeing to any changes that fail to provide our members with strong, secure retirement benefits. 2 Furthermore, none of these answers should be construed to imply that NJEA is pursuing this solution as its primary pension strategy. Our top priority has been, and remains, compelling the state to fully meet its funding obligations for the current plan according to the contractual requirements of the current pension funding law (Ch. 78.) We have a strong legal case that we are aggressively pursuing without hesitation or reservation. However, because there is no way to absolutely guarantee that our legal strategy will succeed in forcing the state to fix the problems it has created, or that, even if we are successful, adequate funding will be provided in time to prevent irreparable harm to the current pension system, it would be irresponsible of NJEA not to explore viable alternatives that ensure members’ pension security. Because your questions were widely circulated within the county, we respectfully request that you circulate this document to the same audience. In addition, we do not object to this document being distributed at BCEA’s Annual Legislative Conference and Dinner on March 19. Q.1. Who will bear the “risk” of the new plan and the frozen TPAF plan? Both the old and new plans would be shifted to an independent trust, which would bear the investment risk. For this reason, the new plan would have to be conservatively constructed and invested. The funding obligation for the old plan would reside with the state, which would be required under a constitutional amendment to make payments according a specific payment schedule. The funding obligation of the new plan would also be committed through a constitutional amendment as a percentage of salary from the employer. Q.2. Are there any guarantees that “savings” to the state from freezing the pension systems will be used to “save” jobs or fund education program or could the governor use the savings to fund the Transportation Trust Fund or a tax cut? There are no savings to the state from freezing the current pension plans – the payments needed to pay off the unfunded liability following a freeze would exceed what the state is currently contributing to the plans by a significant amount. The long-term benefit to the state is that, gradually, its bond rating would improve, allowing the state to refinance existing state debt obligations at potentially lower interest rates, freeing up more revenue in the annual state budget. Q.3. Will the new plan be a defined benefit plan? Yes. NJEA would not agree to such changes if members are simply shifted into a defined contribution plan. The structure of the new plan has not yet been determined, and is dependent on the level of employer and employee contributions. 3 NJEA is currently working with an actuarial consultant that specializes in pension plan design to explore options for a new plan. Q.4. Will it include disability insurance…and group life insurance? Under the Chapter 78 law enacted in 2011, the state shifted disability retirements out of the public pension plans and into a private insurance program. There has been no discussion about changing this under a new plan or changing life insurance benefits. Q.5. Will the new plan be mandatory for all members? Will membership in the new plan be contingent on membership in NJEA? What about administrators or AFT members? Broad membership in the new plan is essential to ensuring its long-term health. Therefore, it should be mandatory for all public school employees. NJEA would prefer that enrollment in the new plan be open only to NJEA members; however, we have not determined whether this would be permitted. If so, administrators, members of other unions, and school employees not represented by a union could join NJEA as general professional members or in another membership category established for this purpose. Q.6. The PERS-Local government component is adequately funded. Will ESP members have to shift to the new plan or can they remain in PERS? Local PERS, under state funding assumptions, is 77% funded. That funding ratio falls to 67% when more conservative assumptions are used. The bigger concern, however, is that the unfunded liability for Local PERS is currently being charged to local school districts as a percentage of salary of current employees, even though that liability includes the accrued pension benefits of those who are no longer employed by school districts. This creates a dangerous incentive for districts to privatize their Local PERS employees – our ESP members. For this reason, it would be advantageous for us to change the mechanism for paying the unfunded liability and for NJEA members to move from Local PERS to a new plan. Q.7. Will the new plan be an ERISA plan? The answer to this question will be subject to IRS determination if a new plan is formed. However, there is a precedent for a union-run plan of public employees and employers to be regulated as a government plan, as provided in guidance issued by the IRS. 4 Q.8. If the “employer” contribution is a fixed percentage of payroll (meaning the employees bear the investment risk) will the plan be considered a defined contribution plan or a defined benefit plan? The new plan would be a defined benefit plan. Its specific structure would depend on levels of employer and employee contributions. Establishing employer contributions as a percentage of salary does not mean that employees would bear the investment risk. Q.9. Will the frozen plan be considered an ERISA/PBGC plan? The answer to this question will be subject to IRS determination when the plan is frozen and a new trust is established. Q.10. Why do we need an amendment to the constitution if the new plan is an ERISA plan? The new plan may not be qualified as an ERISA plan by the IRS. The constitutional amendment is vital to ensuring the state’s commitment of paying off the unfunded liability of the current plan and reliably funding the new plan. Employer funding is now driven by statute, and the gross underfunding of the pensions has evolved because the state has either changed or violated those laws over the last 15 years. Q.11. What are the estimated administrative costs of TPAF versus the costs of running a new union-run plan? Currently the NJ Division of Pensions and Benefits administers both TPAF and Local PERS. Many of its employees are paid out of the state budget and not from the pension plans themselves. NJEA understands there would be a potential cost savings for the state, and would pursue recouping these savings to offset costs of running a new plan. The state also has the database, software and other resources used to run the current plans, and there would have to be a transition of such resources should a decision be made to move to a union-administered plan. NJEA has investigated with several actuarial firms the administrative costs of a frozen and new plan based on assets, payment schedule, percentage of contribution, and other factors to try to get a handle on future administration costs. Q.12. Will the State Division of Investment continue to invest the assets of the frozen plan and the new plan or will NJEA have to hire private money managers to invest the assets and, if so, at what cost? It is assumed that a new trust would be independently governed and the investments independently managed. This may be best, as there have been serious questions raised regarding political interference in the selection of investment managers for the current plans. 5 Q.13. What is the estimated employer cost of the new plan? This has not been determined. The commission has recommended equal employer and employee contributions of 4% of salary each. NJEA does not believe this is enough to fund an adequate new retirement benefit. Q.14. If this cost is shifted to local school districts, what will be the impact on collective bargaining, salary guides, and the expected growth or expected future pension of the participants of the new plan? In the initial years, the shift of employer pension costs to local districts would likely exert pressure on collective bargaining, as districts attempt to balance these costs against other employee costs. For this reason, NJEA would insist that these costs be outside the 2% revenue cap. Following this transition, the new costs would be incorporated into base budgets – bargaining would occur just as it does now with municipal and county employees whose pension costs are already funded by local employers. TPAF is currently the only pension plan in which employer costs for locally-employed plan members are funded by the state; it also represents the biggest unfunded pension liability. The plans funded by local employers – Local PERS and plans serving police officers and firefighters – are all healthier than TPAF. Clearly, relying on the state for employer contributions has not worked. Q.15. Under current law, employee contributions to TPAF/PERS are made with before-tax dollars. Will employee contributions to the new plan be tax deductible? This would depend on the qualified status of a new plan, as determined by the IRS. Q.16. How will current employees, with a combination of new and frozen plan experience, be eligible to retire, receive retiree medical insurance, etc.? NJEA would demand that the years in both old and new plans would be combined for purposes of eligibility for benefits. Q.17. The state currently uses the assume rate of return (7.9%) to calculate liabilities. How will freezing the TPAF and/or PERS reduce liabilities in the long run when a terminated plan has to use PBGC-type assumptions to calculate liabilities? This assumes the frozen plan would become an ERISA plan, which has not been determined. NJEA and its actuaries have used more conservative assumptions to estimate the payment schedule needed to pay off the unfunded liability of the current plan. 6 Q.18. Does the proposal to shift the cost of TPAF from the state to local school districts violate state mandate/state pay law? Approving such a shift through a constitutional amendment would supersede any statutory restrictions. Q.19. What is the impact on being able to borrow on one’s pension? While this has not been addressed in any discussion with NJEA, we believe its is likely that pension loans would not be permitted any longer. Repayment of existing loans would have to continue. Q.20. Since no one who signed the Letter of Intent that presently holds an elected office will be around when such a plan is implemented, could this lead to their employment as managers of the new plan? There is no “Letter of Intent.” There is no agreement. The only document signed (regretfully) by representatives of NJEA is a cover memo that clearly states that the contents of the attached ‘roadmap’ are items for “future discussion.” In addition, the ‘roadmap’ itself states, unequivocally, that the signatories of the memo have no authority to reach any agreements. Finally, because the word “roadmap” was used in the title of the commission report, members must understand the difference between the two documents. NJEA does NOT endorse the commission report, and is strongly opposed to many of its recommendations. The memo outlines the limited recommendations in the commission report which NJEA is willing to further explore.