Tag Archives: pension reform

Revealed: Draft of Pension-Cutting Ballot Initiative

By Gary Cohn

In a move to slash the retirement benefits of public employees in California, a group of mostly conservative policy advocates has been working behind the scenes on a possible 2014 ballot initiative. A copy of the still-secret draft initiative, which could dramatically impact the lives of hundreds of thousands of Californians and send a signal nationwide, has been obtained by Frying Pan News. (See the document’s text following this article or click here.)

If enacted, the proposed law would allow the state and local governments to cut back retirement benefits for current employees for the years of work they perform after the changes go into effect. Previous efforts to curb retirement benefits for public employees have largely focused on newly hired workers, but the initiative would shrink pensions for workers who are currently on the job.

“This initiative defines that a government employee’s ‘vested rights’ only applies to pension and retiree healthcare benefits earned for service already rendered, and explicitly empowers government employers and the voters to amend pension and retiree healthcare benefits for an employee’s future years of service,” the private draft states.

In other words, current state and municipal workers’ retirement benefits will only be partially guaranteed by the number of years they have already worked; from the time the initiative becomes law, the accrual of those benefits will be drastically curtailed.

One of the rationales provided by the draft ballot to justify its unprecedented reach into the lives of public employees is the ongoing funding shortfalls that California and many of its cities find themselves confronting. But, while pledging to help the state “maintain retirement plans that are sustainable, fiscally sound and able to meet the commitments to its employees,” the draft also claims its reduction of pension benefits is being carried out “[i]n order to protect the government’s ability to provide essential services to the public.”

The draft initiative is being circulated by San Jose Mayor Chuck Reed, who successfully pushed a pension-busting ballot initiative in his city’s 2012 election. That law, like a similar one passed the same year in San Diego, is currently being challenged in court. Reed, according to several sources, has been circulating the draft among other mayors, public officials and others in California who believe that public employee pensions should be scaled back.

Following repeated attempts to reach Reed for comment on the draft ballot, Frying Pan News received what appeared to be confirmation of its authenticity in an email sent by a Reed press aide:

“Throughout this process, there have been numerous discussions about policy options and multiple versions of draft language, so it’s impossible to tell what it is you may have. However, the substance of that statement is consistent with what the Mayor has advocated for more than a year.”

Marcia Fritz, president of the California Foundation for Fiscal Responsibility, goes further and says, “I’ve seen the draft – I don’t know if it’s final yet. I’ve been asked to weigh in on it.”

Dave Low, chairman of Californians for Retirement Security, a coalition that represents more than 1.5 million public employees, says that the draft measure being circulated by Mayor Reed and others would “take promised retirement benefits away from teachers, nurses, firefighters and other public employees.” He adds that courts have consistently decided that it is not permissible to cut promised retirement benefits to public employees. “A promise made should be a promise kept,” Low says.

Chuck Reed, a Democrat, has increasingly been seen as the public, bipartisan face of a nationwide effort to scale back retirement benefits for public employees. But behind the scenes, this effort is quietly spearheaded by a host of largely conservative individuals and organizations.

In May, for example, Reed was only one of dozens of people present at a closed-door pension summit held at a Sacramento hotel, where strategies to limit public retirement benefits were discussed. And earlier this week, Frying Pan News reported that the Pew Center on the States, an arm of the respected Pew Charitable Trusts, had formed an unusual partnership with the Laura and John Arnold Foundation in an effort to curb public employee pensions in several states.

The movement to curtail public employee pension benefits in California is being watched closely around the nation. Both those who favor curbing pensions and those who oppose it agree that any ballot initiative, such as the one laid out in Reed’s blueprint, will involve a lengthy and costly fight.

“The problem with initiatives is that public employee labor unions are very strong in fighting them,” says Jeff Adachi, the elected Public Defender in San Francisco and the man behind an unsuccessful initiative to curb pension benefits in that city. “It’s a tough route to go.”

That would seem to be borne out by reactions to Reed’s initiative from organized labor, whose representatives blame politicians’ inability to find the resources to give retirees the benefits they promised workers in the form of negotiated contracts. They also point to figures put out by the California Public Employees’ Retirement System (CalPERS) showing that the average public employee retires on only $2,629 a month.

Others decry what they regard as the naked unfairness of having rules changed on them in mid-career. One such person is Lori Adams, a 46-year-old Burbank High School math teacher. She has been a public school teacher for 16 years and is planning to teach for at least another 14 years.

“If you went to a bank and made an agreement for a car loan or a house loan, and then in the middle years they decide to change your rate – that’s not fair,” says Adams, who is also president of the Burbank Teachers Association. “It’s making a deal when you sign it and in the middle of the game changing the rules. You make life decisions based on it.”

Marcia Fritz and others, however, see the ballot initiative as an opportunity to clarify what they regard as murky rules regarding state and municipal workers’ retirement plans.

“It’s putting public employees on the same page as employees in the private sector,” says Fritz. Yet initiative opponents, including Jennifer Baker, a retirement expert with the California Teachers Association, see no reason why public employees should be placed in the same category as workers in the traditionally more lucrative private sector.

“If individuals don’t make high salaries,” Baker says of public employees, “at least they have modest retirement benefits. If you’re going to cut that, you’re going to discourage potential teachers – people with bachelor’s or master’s degrees – from even considering entering the profession.”

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Text of draft ballot initiative:

OBJECTIVE:

In order to protect the government’s ability to: a) provide essential services to the public, and b) maintain retirement plans that are sustainable, fiscally-sound and able to meet the commitments to its employees, this initiative empowers the people of California to take the actions necessary to control the escalating costs of public employee retirement benefits.

INITIATIVE PROVISIONS:

This initiative defines that a government employee’s “vested rights” only applies to pension and retiree healthcare benefits earned for service already rendered, and explicitly empowers government employers and the voters to amend pension and retiree healthcare benefits for an employee’s future years of service.

– These provisions would apply to all future government employees.

– These provisions would apply to all current government employees, unless there is clear and convincing evidence that his/her employer intended to create a vested right to a particular level of retirement benefits for future years of service.

– The initiative would also allow all government employers to temporarily amend its retirement benefits for all employees’ future years of service if: a) they are facing a fiscal emergency or b) their retirement plan is “at-risk” according to the standards established by the federal government for private pension plans.

[Note: this provision remains subject to further refinement and discussion] For any public employee plan that is “at-risk” as defined by federal laws governing private pension plans, the government employer will be required to prospectively modify its employee pension benefits in such a way that will lift the plan out of “at-risk” status within XX years. If such action is not taken within two years, the government employer would be required to… (Potential Options: require employees to pay 50% of all pension costs, increase employee and/or employer contributions into the plan by XX, etc.)

Nothing in this initiative affects the retirement benefits that a government employee has earned and accrued for prior years of service.

Government employers and/or the voters would be required to wait until current labor contracts expire before adopting any changes to employee retirement benefits.

This initiative prohibits the State of California, CalPERS, and other government boards from interfering with elected leaders’ or voters’ ability to amend their public employee pension plans for employee’ future years of service (this includes prohibiting CalPERS from charging exorbitant termination fees to government employers who wish to amend their pension plans).

This initiative would apply to the State of California and all political subdivisions of the state, including, but not limited to, counties, cities, school districts, special districts, boards, commissions, the University of California, and California State University.

(Gary Cohn writes for Frying Pan News.)

How Pew Trusts Is Helping to Gut Public Employee Pensions

By Gary Cohn

When Kentucky’s legislature adopted a bill intended to transform the Bluegrass State’s troubled pension system last spring, state officials were ecstatic. Signing the bill into law on April 4, Democratic governor Steve Beshear hailed it as groundbreaking legislation that would “solve the most pressing financial problem facing our state – our monstrous unfunded pension liability and the financial instability of our pension fund.”

Not everyone was convinced.

Critics, who include pension-fund experts, lawmakers and AARP Kentucky, claim the new law will hurt workers, taxpayers and retirees. What’s more, they say the law was largely crafted behind the scenes by an unusual alliance between two out-of-state organizations: the Pew Center on the States and the Laura and John Arnold Foundation. Some detractors go further and assert that the Arnold Foundation is using Pew’s sterling reputation for academic integrity as a fig leaf to hide its own free-market agenda.

According to its website, the Center on the States focuses on policy initiatives that include early education, prison sentencing and corrections, and the electoral process. The center is one of seven arms of the influential Pew Charitable Trusts, which is headquartered Philadelphia, Pennsylvania, with offices in Washington, D.C. The Houston-based Laura and John Arnold Foundation is in the vanguard of nationwide efforts to limit pensions for state and municipal workers; it was founded by billionaire John Arnold, a onetime Enron trader who later made his fortune as a hedge-fund manager.

“We want to bring to your attention . . . the deceptive work that the Pew Center on the States is engaged in across the country in order to promote their cash balance overhaul policy,” a group of 10 Kentucky state senators and representatives cautioned in an open letter to legislators in other states. The letter warned lawmakers “about the ramifications of letting Pew into your state,” as well as “its unholy alliance with the Arnold Foundation.”

Critics of that alliance charge that Pew and Arnold share a mission for giving an academic veneer to a partisan belief that the nation’s massive public employee pension funds should be invested directly in costly “cash balance” plans rather than be professionally managed as traditional defined benefit plans by the public agencies that currently administer them.

Jordan Marks, executive director of the Washington, D.C.-based National Public Pension Coalition, says that the cash-balance plans promoted by Pew could dramatically reduce the pensions of workers. Under such plans, Marks says, employee pensions would be based on an average of all years of an employee’s service, instead of the highest three to five years of earnings – which is currently the norm. Moreover, in Kentucky new workers covered under the plan would be guaranteed only a modest four percent rate of return on investments. “It’s an extraordinary loss for middle class workers,” Marks says.

Pew may be mostly known for its financial support of PBS programs, which has given the foundation the kind of publicity that reflects the self-described “non-partisan and non-ideological” nature of Pew’s work.

Yet Pew has become a key player in one of America’s most partisan issues as cities and states tackle the complex problems involving public worker pensions. Pension reformers present their cause as a bipartisan good-government crusade, but a visitor landing on the website of nearly any one of this movement’s myriad organizations quickly falls down a rabbit hole of interlocking conservative organizations – whose unifying theme seems to be reflexive hostility toward workplace protections and the union contracts that guarantee them.

As a battle cry, “pension reform” has joined the ranks of “paycheck protection” (see 2012’s Proposition 32 in California) and “educational choice” (i.e., national parent-trigger laws). All three movements aim to seriously weaken organized labor and the benefits it has won for all employees. And, as the economy stumbles along in the wake of the 2009 recession, activists from these causes have exploited fears of diminished state and municipal coffers to create a climate of crisis in which their various “reforms” are presented as painful but necessary solutions.

Earlier this month Pew senior researcher David Draine spoke in Florida before the Jacksonville Retirement Task Force and offered his organization’s help in dealing with that city’s public employee retirement plan.

Draine, the lead researcher on several studies looking at state-run public employee retirement systems, strongly defends Pew’s involvement with states and municipalities that are confronting pension issues, on the grounds that Pew is serving the public interest. He also justifies Pew’s partnership with the Arnold Foundation.

“While pension reform is arguably one of the most daunting financial problems facing states and cities today, we do not have a one-size-fits-all solution,” Draine wrote Frying Pan News in an email.  “Every city and state has a unique set of policy preferences and budgetary challenges; what is critical to achieving lasting reform is an open, inclusive, data-driven process.”

He added:

“Pew has partnered with the Laura and John Arnold Foundation to help states and municipalities face their growing pension liabilities and continuing funding challenges. In some states, if changes are not made every retiree, worker and taxpayer will be burdened with rising costs and unpaid promises for years to come. Our partnership supports efforts to pursue data-driven reform of pension systems that will be fair, affordable, and fiscally sustainable.”

While few budget experts would deny there are problems with funding public employee pensions, there is nothing resembling a consensus that supports the solutions proposed by Pew and the Arnold Foundation – whose warnings of imminent pension bankruptcy complement similar apocalyptic scenarios sketched by conservatives about Social Security’s future.

Marks says that the Pew-Arnold axis threatens Pew’s longstanding reputation for non-ideological work in the public sphere.  “The Arnold Foundation is using Pew’s brand to take on retirement security,” he says.

And the head of the largest trade association for public sector plans finds serious flaws in Pew’s figures. Hank Kim, executive director and counsel of the National Conference on Public Employee Retirement Systems, says that “generally our position is that we are very disappointed in Pew. Since 2010, we’ve expressed to Pew that its methodology for reports is flawed. Their reports incite fear.”

Kim says that the cash balance plans being pushed are complex and somewhat hard to understand, but that they will cost states more to administer and provide employees with lesser pensions than defined benefit plans. He sees the former as opening the door for 401(k) plans, which are known as “defined contribution plans” and not to be confused with the current defined benefit plans.

“Pew and Arnold will not be satisfied with cash balance plans,” he says. “That’s the first step toward defined contribution plans.”

With its $5.6 billion endowment, the Pew Charitable Trusts ranks number 19 on a list of the world’s wealthiest charitable foundations. Originally called the Pew Memorial Trust, the foundation was created in 1948 by the heirs to the Joseph N. Pew Sun Oil fortune and hewed far more closely to the family’s conservative, small-government political beliefs.

Pew first thrust itself into the national debate on public sector pensions when its Center on the States released a headline-grabbing 2010 study claiming that the combined pension shortfall for all the states was a staggering $1 trillion.

“It’s an eye-popping number,” Kim says of Pew’s claim. “But that trillion dollar deficit covers both pension and health care costs, and health care costs are at least 60 percent of that figure.”

Whether the report reflected actual history or hyperbole, it launched Pew into the public-sector fixit business in a big way.

To date, Pew has partnered with the Arnold Foundation in Illinois, Montana, Kentucky and Rhode Island, wading in with actuarial studies and polling data to prod municipal and state lawmakers into incorporating Pew-authored restructuring plans.

In the case of Kentucky, Pew’s efforts resulted in bill language calling for a so-called “hybrid plan design” employing costly 401(k)-styled cash balance accounts that would be substantially more expensive for new workers than the state’s existing defined benefit plans.

Pew’s promotion of technocratic-sounding solutions to pension shortfalls, especially its mantra about “data-driven” problem-solving, lends its white papers the texture of dispassionate scholarship. Its partnership with the Arnold Foundation, however, has created intense controversy and provided ammunition to its critics.

Jim Wayne (D-Louisville), who has been a member of the Kentucky House of Representatives since 1991, says that Pew played a crucial role throughout the legislative process.

“They had a tremendous influence,” says Wayne. “The parties interested in change needed to rely on an outside source. Pew drew up the proposal, they did the analysis and presented the information to a [legislative] task force.”

Wayne says that Pew generally pushed the positions favored by his state’s Chamber of Commerce and League of Cities, working both behind the scenes and publicly.

“Pew gave them credibility,” Wayne says of these two groups. “Pew is recognized nationally as experts, with facts and figures.” As a result of Pew’s work, Wayne adds, “new workers have a much weaker pension program.”

If Pew embodies the image of an objective social scientist, the Laura and John Arnold Foundation has unambiguously embraced the role of partisan pit-bull in its nationwide efforts to curtail public worker pensions. The latter’s website identifies pension reform as one of its key initiatives and provides position papers supporting its stances – papers that frequently cite Pew studies.

Last year in California, the Arnold Foundation contributed to anti-worker pension measures passed by voters in San Jose and San Diego. Two years ago, the Center for Investigative Reporting disclosed that the Arnold Foundation had given a $150,000 grant to the conservative California Foundation for Fiscal Responsibility for a series of reports seeking to limit public employee pensions.

The Arnold Foundation’s 2011 tax return, a public record, vividly reveals an ideological agenda in its contributions made to organizations around the country “to research and promote education on public retirement plans.” The recipients of Arnold’s largess have included the James Madison Institute, based in Tallahassee ($265,000); the Kansas Policy Institute, based in Wichita ($10,000); the Manhattan Institute for Policy Research (MIPR), based in New York City ($15,612), and the Thomas B. Fordham Institute, headquartered in Washington, D.C. ($52,500).

The first two groups present themselves as free-market, pro-privatization think tanks, while MIPR, a right-wing nonprofit founded by the late Cold Warrior and Reagan CIA chief William J. Casey, has called for the complete elimination of public-sector defined benefit pension plans. The Fordham Institute is a right-wing education think tank whose agenda has recently broadened to include studies that scapegoat public teacher pensions for diverting precious public education money away from the classroom.

Pew’s relationship with Arnold began only recently, when the two groups joined forces to aid in furthering each other’s reach. Josh McGee, a vice president at the Arnold Foundation and Draine, the Pew Center’s lead pension researcher, have appeared together at informal meetings and before state legislatures and city councils around the country. McGee and Draine typically turn up with studies and PowerPoint presentations that support scrapping defined benefit pensions in favor of 401(k)-styled contribution plans, cash-balance accounts or hybrid plans.

“The fact is that they [Pew] go into states arguing they are non-partisan and then proceed to make recommendations and undermine and dismantle [public employee] pension plans,” says Hank Kim. “They have a bias – that bias is that public plans ought to be closed or frozen.”

Pew has called for transparency in other groups that conduct public surveys and the Arnold Foundation boasts about its research transparency. Yet both have given vague answers to specific questions about whether the Laura and John Arnold foundation has given financial support to Pew relating to work on public employee pensions.

The collaboration between the two organizations, says Jordan Marks, could ultimately undermine Pew’s reputation for good works and non-ideologically driven research.

“If Pew had its way,” Marks says, “it would retire teachers and firefighters and others into poverty.”

(Gary Cohn writes for Frying Pan News. Bill Raden contributed to this story.)

Will “Pension Reform” Be on Next Year’s Ballot?

By Gary Cohn

Benjamin Gamboa doesn’t know John Arnold, but they are linked by a shared concern over the fate of public-employee pensions in California.

“I’m proud to have a pension,” the 30-year-old Gamboa says. “I believe every American should have a pension.”

The two men live in very different worlds. Gamboa is a research analyst at Crafton Hills College in Yucaipa, California. Arnold is a hedge-fund billionaire from Houston, Texas.

There’s another difference between them: Arnold recently had a representative present at a secret “pension summit” held at a Sacramento hotel, where strategies to limit public employee retirement benefits were discussed; Gamboa, a union member, did not – representatives of labor were specifically not invited.

“Pension reform” has become the latest battle cry in a seemingly endless war that has ostensibly been declared against tax-dollar waste, but whose single-minded purpose has been to slash the job protections and benefits enjoyed by California’s working middle class. Pension-cutting advocates have filled airwaves, websites and op-ed pages with stories about employees retiring in early middle age on six-figure pensions. The reality is that the average state and municipal worker retires on about $26,000 a year.

The Sacramento summit took place May 22 at the Citizen Hotel, a luxury boutique inn two blocks from the state capitol. It was hosted by the Reason Foundation, a Los Angeles-based conservative and libertarian public policy group that embraces privatizing government functions and cutting public employee pensions. The foundation’s most prominent trustee is billionaire businessman David Koch, a longtime advocate of reducing public sector retirement benefits.

The meeting’s agenda – a copy of which was obtained by Frying Pan News – was written in the terse, opaque prose of event planners, but still offers a glimpse into the group’s plans. Among other items, it  lists an hour-long session on “Overcoming Opposition: Anticipating and Addressing Government and Union Opposition.” Perhaps the agenda was even more important for what it did not say: That the attack on public sector pensions may soon be transformed into a state ballot initiative that would change California’s constitution.

The participants in the closed-door meeting were Republicans and Democrats, and included public officials and representatives of numerous foundations and think tanks intent on reducing pensions for public employees.

Among those attending were San Jose Mayor Chuck Reed; former San Diego city councilman Carl DeMaio; Josh McGee, a vice president at the Laura and John Arnold Foundation; Marcia Fritz, president of the California Foundation for Fiscal Responsibility; Dan Pellissier, president of California Pension Reform; Ed Ring, executive director of the California Public Policy Center (CPPC) and editor of UnionWatch.org; Jack Dean, executive director at the Reason Foundation and editor of PensionTsunami.com, and Steven Greenhut, a journalist and author of the book Plunder! How Public Employee Unions Are Raiding Treasuries, Controlling Our Lives and Bankrupting the Nation.

Their gathering received no media coverage, with the exception of a brief mention in a column Greenhut wrote for the San Diego Union-Tribune. Despite the pension-cutting movement’s talk of the cause’s bipartisan pedigree, it seems to rely upon transfusions of money from wealthy rightwing personalities and nonprofits. Apart from the Reason Foundation’s close ties to David Koch, Greenhut’s own online hobby, CalWatchdog, is the creation of the Pacific Research Institute, a libertarian think tank with deep pockets.

Both the Reason Foundation and Pacific Research Institute are allied with the Koch-funded American Legislative Exchange Council (ALEC), which has been writing corporatist model legislation for about 30 years. More locally, however, the nexus for pension-cutting is the Tustin-headquartered California Public Policy Center, a conservative nonprofit led by Ed Ring, who worked to promote the anti-union Proposition 32 last year. CPPC’s advisors include Marcia Fritz and Jack Dean; its president is Mark W. Bucher who helped qualify and pass 2000’s Proposition 22, which effectively banned same-sex marriage in California. (Bucher is also a board member of Family Action, a rightwing Orange County political action committee.) Another CPPC board member, Robert Loewen, also serves as president of the ultraconservative Lincoln Club of Orange County.)

The Sacramento meeting apparently helped set the stage for moves that are now occurring largely behind the scenes.

In an interview, Reed confirmed that he attended the pension summit and that he has been working on a statewide ballot initiative that would allow the state and local governments to reduce retirement benefits for current employees for the years of work they performed after his proposed reforms would go into effect. He says that such statewide reform is necessary for California’s fiscal health, to ensure that the state and local governments can provide a reasonable level of services to the public and to protect public employees.

“What we need to do statewide is make it possible for local governments to change future accruals for work not performed,” he says. He adds that his proposed ballot measure could be voted on as early as November, 2014.

Reed, a Democrat who has opposed same-sex marriage and the raising of the minimum wage of his city’s workers, seems to be what pension-cutters have in mind when they speak of their movement’s bipartisan makeup. (The gathering’s other politician, Carl DeMaio, is a Republican – and Reason Foundation senior fellow – who has advocated replacing San Diego city employees’ pensions with a 401(k)-type substitute.) Last year Reed pushed a ballot measure in San Jose to reduce that city’s retirement costs for its public employees. The measure passed, but is now tied up in the courts. He acknowledges that any such measure is likely to provoke an all-out fight with the state’s public-employee unions. Interviews with labor officials and their representatives seem to bear him out.

A ballot initiative to cut back pensions for existing employees would “change the constitution and would be a horrible thing,” says Steven Maviglio, a publisher of the California Majority Report and a Sacramento-based political consultant whose clients include Californians for Retirement Security, a labor coalition representing 1.5 million public employees and retirees.

Maviglio says that many employees have worked for years at jobs where they were promised certain benefits and that it would be a breach of faith to “throw out that understanding and break that trust. That’s the whole foundation of pension benefits.”

He adds, “If someone is teaching for 25 years and somebody changes the rules of the game, that’s hardly fair.”

Any statewide ballot measure campaign aimed at cutting back public employee benefits would provoke an expensive fight with unions. “It would cost tens of millions of dollars – $30 or $40 million,” Reed says. Fritz, president of the California Foundation for Fiscal Responsibility (whose vice president is the CPPC’s Jack Dean), says that the backers would likely look for funding from the Arnold Foundation, among other sources.

The Arnold Foundation has funded similar efforts in the past. Two years ago, for example, the Center for Investigative Reporting revealed that the Arnold Foundation had given a $150,000 grant to Fritz’s group for a series of reports seeking to limit public employee pensions. Last year, another of the foundation’s checks made headlines when it was revealed that the Arnold Foundation was a major backer of Engage Rhode Island, the group that pushed through that state’s pension overhaul law.

The Arnold Foundation is clearly in the forefront of nationwide efforts to scale back pensions for state and municipal workers. On its website, the foundation identifies pension reform as one of its key initiatives, and it provides position papers supporting its stances.

“The current system has allowed politicians to promise one level of benefits without fully funding them,” the Arnold Foundation’s McGee told Frying Pan News in an email last week. “Across the U.S., state and local governments have underfunded workers’ benefits by at least $1 trillion.”

The Arnold Foundation, McGee wrote, works with state and local communities to provide policy information and technical assistance to help them develop pension reforms. He said that a ballot initiative is just one tool to improve the retirement system, and added that the foundation “does not promote or fund ballot initiatives.” He also acknowledged that he attended the pension summit in Sacramento.

“We discussed the need to deal responsibly with accumulated pension debt, secure benefits that have already been earned, and create a system that is affordable, sustainable, and secure,” McGee stated.

Others believe the Arnold Foundation has its eye on California in order to promote public employee pension cutbacks across the nation. The foundation’s thinking, Maviglio says, is that “if liberal California can do it, it can happen anywhere.”

In many ways, Benjamin Gamboa, the 30-year-old research analyst at Crafton Hills College, is typical of those employees who find themselves in the pension-cutters’ crosshairs. Working at a community college, he believes, is serving the public good by helping students to reach their goals.

“I love what I do, and I love the security of my job,” he says. “My plan is to retire with a pension just large enough to spoil my grandkids.” He says that his hope and expectation will be for a pension of about $30,000 a year. “I want to enjoy the simple things,” he says. “There are no European vacations in my future.”

He adds that he is concerned to hear about the continuing efforts to limit his and other workers’ pensions.

“To attack the work I do and the security I treasure . . .” he says, then pauses. “It’s heart-wrenching. It’s demoralizing.”

(Gary Cohn writes for Frying Pan News.)

Missing the Point on Pension Reform

Pundits and electeds take entirely wrong message from Tuesday’s election results

by Brian Leubitz

On Tuesday, voters in a few communities across the state approved pension reform measures.  That one of these communities was San Francisco, you know with its San Francisco values, makes a whole lot of uninformed people think that they know something about the electorate.

Except that they have no idea. Take San Jose Mayor Chuck Reed, ostensibly a Democrat, but backed mainly by the so-called “business” interests (ie developers).  He’s not a knee-jerk anti-union guy, but hardly in the pocket of labor either.  His thoughts on the San Francisco vote was so wildly off-base as to be laughable.

The results cheered local officials such as San Jose Mayor Chuck Reed, who’s seeking a March special election on his own controversial pension reform proposal, as well as advocates for a statewide measure aimed at slashing the costs of public retirement packages.

“It certainly demonstrates solid public support for pension reform,” Reed said Wednesday. “Even in a labor-friendly town like San Francisco, 68 percent said yes.” (BayAreaNewsGroup)

His quote makes absolutely no sense.  Why? Well, that would be because the pension reform measure that was passed by San Francisco voters was supported and funded by labor. So rather than being in-spite of SF being a labor friendly town, that was the reason that SF gave 68% of the vote to Prop C.  On the other hand, Prop D, opposed by labor, went down hard with about 66% voting no.

Take that combined with the results in Ohio, what you should get is not that Californians want to shove something down labor’s throat.  Rather, perhaps Mayor Reed should consider how Mayor Ed Lee and the Board of Supervisors worked with labor and other stakeholders to get a deal that everybody can live with. I assure you, not all union members are happy with Prop C, I spoke to many that said they were voting No.  However, a deal could not get done without labor or by simply forcing Ohio/Wisconsin type ideas into California.

Pension reform is possible, that is what San Francisco showed.  But it should be pension reform that is negotiated. A compromise can be reached without bullshit ballot measures with right-wing funding. You know some organizations can calmly sit down and discuss issues, even ones that rise to the existential level. Perhaps now is the time for some discussion.

Big Money Doesn’t Like Being Held Accountable

Cross posted at Daily Kos:

Public policy battles that have nationwide ramifications tend to begin in California. The fight to eliminate the Defined Benefit Pension is no different.  The winners in the elimination of DBP’s aren’t workers (or taxpayers) but Wall Street with the fat fees a massive expansion of 401K’s would bring, and corporate boardrooms by weakening the nation’s leading shareholder activist organization, CalPERS.

From working for financial market and accounting reforms after the Enron scandal (and being a vocal supporter of more recent Wall Street reform), to cracking down on executive compensation abuse, CalPERS has been a leader in organizing shareholders against corporate malfeasance. And as a major healthcare provider, CalPERS spoke out in favor of healthcare reform. By challenging corporate power, it is not a stretch to state that CalPERS has created some powerful enemies.

In this age of economic uncertainty our policymakers should be looking to strengthen retirement security for all workers, but front group’s like Californians for Pension Reform (CPR) seek to further weaken it by muddying the debate.  

What is Californians for Pension Reform?

CPR’s president is Marcia Fritz and according to a recent California Watch article is a Democratic consultant. Although Fritz contributed to Hillary Clinton’s presidential campaign and Gavin Newsom in 2010, on Reason.org she equates engaging unions to, “toppling a communist government,” a hyperbolic quote more akin to Glenn Beck than a so-called Democratic consultant.

As a ‘Democrat’ Fritz is simply a tool to provide CPR with bi-partisan cover.  Their advisory board is entirely composed of Republican political operatives (More Detail). In fact CPR is such a conservative front group, that even their webhosting provider, (Warning: Sound effects and FRAMES!) WebCommanders is full of right-wing clients.  

Fritz in arguably a rookie mistake, bragged on video about CPR’s “very large grant” from an out of state foundation and stated, “the thing that they wanted, is to develop a solution that can be modeled in the rest of the United States.” CPR touts transparency, but when questioned by California Watch about the identity of this out of state donor, they refused to answer.

Who are they protecting?

With over 30-years of shareholder activism, CalPERS has a track record of successfully challenging the status quo in corporate boardrooms.

Last year CalPERS launched their Majority Vote Initiative directly challenging clubby corporate board elections. Outside the U.S., many companies already require ratification of director nominees by a majority vote.

From CalPERS:

The proposed majority vote policy backed by CalPERS would require the resignation of any director who receives a withhold vote greater than 50 percent of the votes cast.

“Too often board elections are more like a coronation than an election,” said Joseph Dear, CalPERS Chief Investment Officer. “The majority vote is an effective tool for holding directors accountable for creating shareowner value and encouraging better shareowner-director communication.”

Many recognizable public companies were against this proposal including Apple.  Apple shareholders in February though backed the CalPERS initiated measure.

Research into the “CalPERS Effect” has shown positive returns for investors. A noted 2006 study found a positive 25 basis point (.25%) benefit from the CalPERS program, which equals about $3.1 billion in wealth creation.

“Both social investors and corporate governance experts are concerned that corporate managements need to be held more accountable to shareholders – this study shows that CalPERS actually derived an investment performance benefit by doing so,” Lloyd Kurtz, Moskowitz Prize administrator and senior portfolio manager at Nelson Capital Management, an investment advisory affiliate of Wells Fargo.

With CEO’s receiving increasingly outrageous salaries and bonuses, often based on short-term gain rather than building long-term shareholder value, a strong corporate watchdog like CalPERS is an obstacle to continued looting by CEO’s.

So again who is Californians for Pension Reform really working for?

P.S. This short video interview of CalPERS Sr. Portfolio Manager for Corporate Governance details the current issues CalPERS is fighting for and why big money wants to weaken them.

Republicans Demand Expansion of Minority Veto to Pensions and It’s on Like Donkey Kong



Warning: This diary may contain YELLING at Bob Dutton and criticism of Republicans that might hurt legislators’ feelings. If you are a Republican sufferring from male menopause, please strap yourself securely into your fainting couch.

When Jerry Brown offered a pension reform plan on Thursday, Bob Dutton responded with his newest ransom note. Most tellingly, he demanded that the people be allowed to vote to expand the Republican minority veto..

Senate Republicans believe taxpayers should be protected by a 2/3rd super majority vote of the Legislature to change the salary and benefits of public employees.

Republicans are now admitting that they they are so impotent and their party is so damn unpopular that they don’t expect to every be a majority party again. Instead, they want one more constitutional amendment to give them one more minority veto in the legislature. Maybe, just maybe they can hang onto one house for a few more cycles.

These are the same Republicans who prevented Californians from  voting in June to extend taxes by a majority vote.  And the tax extension wasn’t permanent, but instead had a sunset date.

It’s interesting that Dutton prefaced his new ransom list with polling results, confirming that Republicans understand that pension-bashing is the only issue where they have any support from California voters. Without this issue, their platform is extraordinarily unpopular with Californians. As a state, we just don’t believe in their program of bashing immigrants, despoiling the environment, destroying public education in favor of private charter schools, and more tax breaks for banksters, the ultra-wealthy, and the corporations that have been exporting our jobs.

Dutton’s statement didn’t indicate that even acceding to his outrageous pension reforms demands would gain him any more votes for putting tax extensions on the ballot. He still may demand his entire ransom list grew of 53 items including big issues like gutting environmental laws. another permanent budget cap in the state constitution, and protecting tax cuts for giant multi-national corporations at the expense of small business.  That ransom list kept going, restoring $23 million in funding to rural state fairs,changing the date of the Presidential primary, protecting property tax breaks for agribusinesses, and preserving the waste and corruption in redevelopment.

Yo, Dutton, EVEN SOMALI PIRATES NEGOTIATE.

With or without Republicans, Brown will pass pension reform.

It’s on Like Donkey Kong

It’s time for Jerry to call his bluff, and let him start getting signatures. But for every initiative the Republicans propose, we need to put out two.

CFT has done polling and is ready to launch a 1% on the 1% tax inintiative, raising taxes on the wealthiest 1% by 1%. (Brilliant move, CFT).

Why not tap into the same populist anger against the bansksters and ceonistas and add a similar initiative that would restore the estate tax in California on the richest 1%, with the money going to support transportation? (No new toll roads, either)

With $4.00 gas, let’s go after the oil companies with an extraction tax specifically to support higher education.

And let’s step up and put a plan to modernize prop 13 on the ballot. Instead of driving seniors from their homes by cutting vital home health services, why not let billionaires like the Irvine Company’s Donald Bren pay the same percentage property tax as the poor schlub who buys one of the Irvine company’s houses.

And finally, let’s follow through with Brown’s plan to devolve more government to local authority like he promised. This is the best way to make the anti-tax districts of Republican legislators really pay for their anti-tax votes.

Jerry Brown Opens a Can of Pension Reform Whoop Ass

As we wrote earlier today,

Anger about overly generous public employee pensions is the only single issue where the Republicans’ messaging polls well.

Without pensions as a rallying cry, Republicans are left with a series of positions that are wildly unpopular with Californians.

As reported in Sacramento Bee, Jerry Brown is taking this issue off the table by proposing the package of pension reforms that he has already agreed to with Republicans.

State workers will howl, especially the public safety unions,  but it will avert a much harsher Republican initiative which is designed to cripple public employee pensions.

Republicans sacrificed their place at the table, and now we will see how Republican legislators play their game as petulant spoilers opposed to everything. They didn’t want to agree to eliminating waste and corruption by eliminating redevelopment and enterprise zones.

Will Republicans really have the gall to oppose pension reforms?

For the Governor’s press release click “read more”.

3-31-2011

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

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

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

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

Information on all twelve pension reforms is available below.

For bill language, please email [email protected].

PENSION REFORM PROPOSAL

APPLIES TO STATE AND LOCAL GOVERNMENTS

MARCH 2011

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

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

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

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

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

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

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

PROPOSALS UNDER DEVELOPMENT

Impose Pension Benefit Cap.

Improve Retirement Board Governance

Limit Post-Retirement Public Employment

Hybrid Option

Address CalSTRS Unfunded Liability

Little Hoover Makes Little Sense

Back in February, OC Progressive wrote a bit about the Little Hoover Report.  Their suggestions on “reforming” the pensions system were so off-base and ill-informed, that Treasurer Lockyer said at the time that they were “long on rhetoric and short on thoughtful analysis.”  Well, he’s tried to put some of that analysis into the system, and into the commission’s suggestions about the system.  

Over the flip you’ll find the full 6-page letter about the Little Hoover reform suggestions, complete with Lockyer’s findings of flaws in the report.  I highly suggest you read it, he held no punches.

But the nub is this, the Little Hoover report is thinly sourced and poorly researched.  Its conclusions come more from the Koch Brothers handbook that is running around the mainstream media than any actual data.

LHC Pension Report Comments 03-11-11

Conflating the Problems Doesn’t Make Them Easier

Arnold’s latest scheme to use the budget crisis to shock doctrine is to try to shove state employee benefits reform down the throats of the Legislature’s throat on the last day. From the Bee:


California public employee unions already reeling from pay cuts have been dealt a new blow by Gov[. Arnold Schwarzenegger – a push to lower pension and retiree health care benefits for state workers hired after today.

Schwarzenegger’s call for creation of a two-tier system of retiree benefits was part of a package of proposals submitted to Democratic leaders Saturday in tense negotiations over the state’s $24.3 billion shortfall. (SacBee 6/30)

You might recall the pesnion reform concept from the Governor’s waste of a special election not of 2009 but waaaay back in 2005.  Back then, voters solidly defeated the Governor’s “reform” proposals.  Update by Brian: My bad on this. I wrote this on my cell phone, and it was a bit hard to get old info. Anyway, as runchadrun points out in the comments, Arnold pulled the initiative before it could get on the ballot because he saw the bad polling.

But the governor sees all sorts of opportunities in this budget crisis to mess with labor, so he figures why not demand that the Legislature get this done in the next 24 hours too.  Nevermind public debate over an issue that the voters aren’t necessarily on board with, Arnold has no use for the will of the people these days. That was Arnold 2.0, not our current Arnold 4.5, the Shock Doctranaire.

Look, some sort of pension and retiree benefits reform will probably happen in the near future. But this is a big deal for the future of the state, and to slam it down the state’s collective throats does not give the issue the proper respect.

Let’s deal with the issue at hand, and get to the business of pension reform when a full plan can be fully debated in the public.