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LAPERS: National Facts, Trends, and Federal Update Dana Bilyeu, Executive Director NASRA
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National Facts State Activity Federal Focus
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Comparison of Retirement Benefits in the U.S. Private Sector ◀ 65% of full-time private sector workers participate in an employer-sponsored retirement plan ◀ When part-time workers are counted, less than half of the private sector workforce participates in an employer- sponsored retirement plan ◀ Fewer than one in five have a traditional pension (DB) plan ◀ Social Security coverage is universal Public Sector ◀ Nearly all full-time workers have access to an employer- sponsored retirement benefit ◀ 85%+ participate in a traditional pension (DB plan) ◀ Three-fourths participate in Social Security
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Retirement Policies and Stakeholder Objectives ◀ Employers – need a tool to retain qualified workers to perform essential public services, limit turnover and training costs, and provide for orderly workforce attrition ◀ Taxpayers – need a tool to provide better delivery of public services at a cost that is reasonable, predictable, and stable; and reduce reliance on taxpayer-supported public assistance. ◀ Public employees – need a competitive total compensation package, including the provision of income security in retirement.
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Distinguishing Elements of Public Pension Plans ◀ Work force management tool ◀ Mandatory participation ◀ Employee-employer cost sharing ◀ Targeted income replacement ◀ Assets that are pooled and professionally invested ◀ A benefit that cannot be outlived
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Overview of public pensions in the U.S. ◀ ~$3.7 trillion in assets ◀ ~14 million active participants ▲ 13% of the nation’s workforce ◀ 9 million retirees and their survivors receive ~$240 billion annually in benefits ◀ Of 4,000 public retirement systems, the largest 75 account for 80+ percent of assets and members ◀ Aggregate funding level = ~72% US Census Bureau, Public Fund Survey
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Key Trends 2009 to 2014 ◀ Reductions in benefit levels ◀ Increases to employee contribution rates ◀ Legal challenges to pension changes ◀ Reduction in public employment ◀ New accounting standards changed the way pensions are calculated and reported ◀ Investment return assumptions under scrutiny, and being reduced ◀ Public pension funding levels improving in most places ◀ Some states have yet to resolve their pension shortfalls
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Key Themes--2015 ◀ The pace of pension reform slowed considerably after 2009-2014 spike ◀ Legal outcomes impact states where reforms challenged ◀ In many states pension costs stabilized; in some states, costs may rise ◀ For the most part, states met the funding challenges of the past decade
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◀ Public Plans Data ▲ NASRA ▲ Center for State and Local Government Excellence ▲ Center for Retirement Research at Boston College ▲ www.publicplansdata.org www.publicplansdata.org ◀ Fiscal 2014 data subject to change ▲ Complete analysis of FY 14 will be published this fall as the Public Fund Survey Summary of Findings for FY 14 About the Data
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Size of bubbles is roughly proportionate to size of plan liabilities Latest Public Pension Funding Levels
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Historical Public Pension Funding Levels, FY 90 to FY 14 Standard & Poor’s, Public Fund Survey
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Comparison of Funding Levels, FY 02 to latest Public Fund Survey
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◀ Contribution adequacy ◀ Actuarial assumptions vs. experience ▲ Economic assumptions ▲ Investment return ▲ Payroll growth/ salary growth ▲ Demographic Assumptions ▲ Mortality ▲ Turnover ◀ Funding (amortization) period ◀ Legal rulings—regarding current benefits Factors affecting funding level
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Relative change in private and state & local government employment Bureau of Labor Statistics, compiled by NASRA
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Median change in membership, FY 01 to FY 14
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Median annual change in payroll, FY 08 to FY 14 Public Fund Survey
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Median Contribution Rates, Social Security–eligible and –ineligible * * * preliminary
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Distribution of Contribution Rates, Social Security–eligible and –ineligible, FY 14 Social Security-eligible Social Security-ineligible Public Fund Survey
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◀ Inflation assumption is the basis of actuarial assumptions for ▲ payroll growth and ▲ investment return ◀ Payroll growth-- significant driver of liability growth ◀ Investment return-- major effect on cost and funding level Inflation in public pension funding
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Average and median inflation assumptions, FY 01, 07 and 13 Jul 20 13
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Annual inflation rate for years ended in June, 1991 to 2015 Jul 20 13
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Change in median assumption for nominal investment return, inflation, and real return, FY 01 to FY 13 Jul 20 13 Public Fund Survey
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Average asset allocation, FY 01 to FY 14 Jul 20 13
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FY 14 median public pension fund investment returns
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Median annualized public pension fund investment returns for selected periods ended 6/30/15 Jul 20 13 Callan Associates
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◀ Funding levels improving ▲ Experience varies among plans ◀ Liability growth rates remain low ▲ Due to tepid hiring and salary growth ◀ Inflation projected to remain low ▲ In part due to Fed manipulation ◀ Assumptions for inflation and investment returns trending down ▲ Likely will continue to do so ◀ Costs trending up ▲ Will remain high for some plans ◀ Plans in IL, NJ, and PA remain in search of solutions Survey conclusions
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Aggregate Public Pension Funding Level, with projections Jul 20 13 A projection…
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◀ One of the vexing things about funding a pension plan is that so much of it relies on events that have yet to take place ◀ “Predictions are hard, especially about the future.” Yogi Berra Projections
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Retirement Systems Affected by Pension Modifications, 2009-2014
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Modifications Affecting New Hires, Current Employees, Retirees
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Recent Changes—Cost Sharing ◀ California ▲ CalSTRS 2014 funding legislation ▲ shared, gradual contribution rate increases for school districts, the state, and participating employees. ▲ New plan restores full funding within 32 years ◀ Colorado ▲ Members voted to increase their contributions from 8% to 12% by 2022 ◀ Texas ▲ Increased employee contribution rates for service between 8/31/15 and 9/1/17 ▲ Employee contribution rates after that date tied to employer rates and decreased if employer rates fall below those recommended by the plan’s actuary
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Recent Changes: New Plan Designs ◀ Combination Hybrid ▲ Tennessee DB-DC plan, effective 7/1/14 for newly-hired state employees, teachers, and employees of local governments that elect to participate. ▲ Virginia DB-DC plan, effective 1/1/14 for most newly-hired employees in the state, excluding public safety personnel ◀ Cash Balance ▲ Kansas cash balance plan, effective 1/1/15 for most newly- hired employees in the state ▲ Kentucky cash balance plan for newly-hired state and local employees as of 1/1/14 ◀ Defined Contribution ▲ Oklahoma defined contribution plan for newly hired state employees as of 11/1/15
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Recent Changes: Tier Modification ◀ Nevada ▲ Reduced COLA and base benefit; pensionable compensation capped ▲ Retirement eligibility increased ▲ Purchased service credit excluded from eligibility for benefits ◀ West Virginia ▲ Reduced benefits and modified eligibility requirements ▲ Law provides an additional opportunity for employees participating in the Teachers Defined Contribution plan to transfer to the Teachers Retirement System
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Pensions Remain an Issue in Some States ◀ Pennsylvania ▲ Legislature passed bill to close the State Employees’ and Public School Employees’ DB plans and replace with a DC plan for newly hired workers. ▲ Vetoed by the Governor ◀ New Jersey ▲ Pension & Health Benefits Review Commission recommended freezing existing state and local pensions and moving workers to a cash balance plan for future service ▲ Plan calls for a Constitutional amendment to permit modifications to current employee’s benefits and to create a permanent pension funding obligation
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Notable 2015 Legal Outcomes ◀ Illinois ▲ 2013 pension reform law ◀ Montana ▲ District Ct.: law reducing retiree COLA ◀ New Jersey ▲ NJ Supreme Court reversed lower ct. ruling ordering full payment of employer contributions ◀ Oregon ▲ A portion of 2013 COLA reduction that applied to retired members ◀ Michigan ▲ 2011 and 2012 pension changes ◀ Rhode Island ▲ Superior Court accepted settlement between the State and most public employee unions Struck DownUpheld
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State & Local Pension contributions, in dollars, as a percentage of state and local direct general expenditures, 1984- 2013 % of spending total spending ($)
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The ARC Experience of State Retirement Plans, FY 01 to FY 13
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Pension changes tailored to need ◀ Nearly every state addressed the sustainability of their pension plans after the 2008 market downturn ◀ Pace of pension reform has slowed for many states; other states confront current issues ◀ Well crafted pension reforms preserve or restore plan sustainability, but must be designed in a manner which meets multiple stakeholder objectives ◀ Comprehensive pension reform should include maintenance or restoration of the pension funding stream
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Federal Focus
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◀ State and local pension issues are not systemic and there is no one-size-fits-all solution. ◀ Most public plan sponsors acted to meet their unique needs; none required federal intervention. ◀ On average, spending on pensions is under 4% of state and local budgets. ◀ Federal policies should not interfere with state and local government plan design, investments, financing and risk management. Key Themes Relayed at the Federal Level
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◀ Legislation would prohibit federal funding to states and localities that have defaulted, are at risk of defaulting are likely to default ◀ Sense of the U.S. House of Representatives regarding no bailouts of state/local pensions (urges replacing DBs with DCs) ◀ Senate budget resolution would prohibit federal funds to state/local governments to prevent receivership or prevent default on obligations “No Bailout” Bills and Resolutions
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◀ Chapter 9 – some seek greater protections; others would seek to discharge pension obligations ◀ Would treat Puerto Rico as a State under Chapter 9 (may authorize subdivisions and public corporations to file) Bankruptcy
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◀ Student Success Act (HR 5) ▲ Initial language in Senate requires Secretary of Education to report on costs associated with teacher pension obligations ▲ House-passed bill includes amendment to restrict states from requiring local educational agencies to use Title 1 funds to make contributions to a teacher pension system in excess of the normal cost Education Spending and Pensions
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◀ Introduced last Congress by Senate Finance Committee Chairman Orrin Hatch (R-UT) ◀ Includes many retirement proposals, including a new optional annuity accumulation “DB alternative” plan for state and local governments ◀ Not yet reintroduced; changes under consideration Secure Annuities for Employee (SAFE) Retirement Act
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◀ 414(h)(2) unique to state and local governments ◀ Listed in 2005 Joint Committee on Taxation report as a “loophole” ◀ Revenue Ruling 2006-43 questions individual options/elections that change employee contributions (CODA) Tax Treatment of Public Employee DB Contributions
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◀ Private retirement savings: ▲ Access ▲ Participation ▲ Leakage ◀ Many provisions of Hatch’s SAFE Act, but NOT annuity accumulation plan for public sector ◀ PEPTA also excluded Consensus
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◀ U.S. Chamber of Commerce ◀ Bipartisan Policy Center ◀ White House Infrastructure Initiative ◀ Infrastructure Investment Summit ◀ Qualified Public Infrastructure Bonds (QPIBs) ◀ Senate Tax Reform Working Group on Community Development & Infrastructure Infrastructure Investments
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◀ Sponsors: Brady (R-TX), Neal (D- MA) ▲ Replace WEP with new formula ◀ Repeal bill also introduced in House GPO/WEP
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◀ Securities and Exchange Commission enforcement unit on Municipal Finance and Public Pensions ◀ Speeches by SEC Commissioners Gallagher (R) and Aguilar (D) ◀ Municipal Securities Rulemaking Board expanded jurisdiction under Dodd-Frank Act ◀ Financial Stability Oversight Council (FSOC) monitoring of markets and state/local economies Heightened Interest by Market Regulators
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◀ Treasury established new Office on State and Local Finance that includes review of pensions ◀ Pending regulations: ▲ Definition of “governmental plan” ▲ Application of federal normal retirement age rules ▲ Determination letter cycles ending Treasury Interest
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