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Minnesota Free Market Institute’s Pension Reform Project in the Sunday StarTribune

The StarTribune’s front page today features a Minneapolis family saying, “We’re feeling trapped” by rising city property taxes. Mayor Rybak sounded like he was feeling trapped,too-especially by city pensions.

The front page also featured the last article in a series called “The Reckoning; Minnesota Confronts its Budget Crisis” that included the Minnesota Free Market’s Pension Reform Project and former State Auditor Pat Anderson (page A11), who has joined our effort to educate Minnesotans about public pensions, the state’s unfunded liabilities and other tough budget issues facing the state. Here’s Pat:

“There isn’t a push to get rid of pensions; it’s to lower dollars going in,” said former State Auditor Pat Anderson, a Republican who joined the Minnesota Free Market Institutes’s Pension Reform Project.

Anderson and others say the pension system encourages risk-averse employees who never leave. The longer they stay, the more seniority they acquire and the sweeter their pension becomes. That, she said, leaves little room for more entrepreneurial types.

“If we want to attract good people to government, who aren’t careerist, you need a system that works,” she said.

The article, called Public Pay, Benefits Set Off New ‘Civil War’ summarizes the conflict and issues well. We have a shrinking private sector and a growing public sector -and they have been on a collision course for years. It took a severe economic downturn to finally get enough people to look up and see the problem that we have been pointing to for years. What the public sector has failed to grasp is that folks in the private sector are maxed out and feeling insecure about the future. Public compensation packages have gone well beyond the old trade-offs. Private sector workers feel betrayed, taken advantage of. It has become very personal.

Some public employees feel “demonized” by this discussion. (Many that we know, by the way, are also critical of the system.) But the best thing they can do is ask themselves and their unions how they can be part of the solution-instead of repeating the same old class rhetoric. (Which includes references by the Strib to the fact that both Anderson and Governor Pawlenty are eligible for pensions; does eligibility for a pension mean one cannot be a critic of state pensions? One would think the Strib would either hold the snarky commentary or admire them for looking critically at their own benefits.)

As the article notes, the problem is no longer theoretical—and the bond markets are reacting to unfunded pension liabilities and other state debts. Rating agencies are taking a closer look at the issue. “Moody’s Investor Service, a premier credit-rating agency, issued a report this year that added pension obligations to its formula for determining a state’s fiscal health….Minnesota has one the best credit ratings in the nation, but adding its unfunded pension liability drops it to the middle of the pack.” Minnesotans like to pat themselves on the back for our fiscal prudence; these kinds of “reality checks” make it clear that our fiscal house is not in order. (New Jersey’s bond rating was just lowered due to its pension debt. )

The Federal Reserve devoted much of its fedgazette in January to Pensions in Minnesota and other parts of its district.

Pensions are just one part of the overall budget discussion taking place at kitchen tables and conference tables all over the state. We have also talked recently about “Reinventing the Workforce” in the public sector. We note here that the private sector is in a constant cycle of reinventing itself-it’s the great thing about free markets. You either figure out a better way to make that mousetrap, or you go out of business. The state may never be subject to quite the same competitive forces (sometimes called “destructive creativity”) of capitalism but why can’t we design state employment to be more competitive-or at least lined up with the sector that pays the bills? This recession has revealed many bad and expensive habits adopted during the “fat” years. Let’s let the “lean” years lead us to a state government designed to deliver core services in a way that encourages individuals and their families to take personal responsibility while maximizing individual liberty and free markets. It’s a tall order, but we are a tall people.

Talks of Increased Pension Fund Disclosure Requirements and State Bankruptcy Legislation

By Alix Ohrt

According to an article put out by Reuters on Tuesday, February 01, 2011 the Municipal Securities Rulemaking Board has started talks about greater disclosure requirements for the municipal bond market. The billions of dollars in unfunded liabilities owed to public employees’ pensions is one of the largest current problems that financially troubled states are currently facing.
The Municipal Securities Rulemaking Board (MSRB) is responsible for writing the rules for the $2.8 trillion municipal bond market. Chairman Michael Bartolotta told reporters in a conference call on Monday that they are in early discussions on expanding disclosure requirements for the municipal bond market.
The board’s executive director Lynnette Kelly Hotchkiss said the boards concern is to consider what information an investor might need to fully understand the risks some bonds pose, in order to increase transparency. She also went on to say that, “The securities laws require disclosure of all material facts, if there is a pension liability that could impact the budget or the finances or the quality (of a state or local government) that is a material fact that needs to be disclosed.”

Last year, New Jersey came under fire from the Securities and Exchange Commission – who enforces the rules the MSRB writes – for not properly disclosing its pension liabilities to bond buyers. A similar argument has recently been waged against Illinois.

Chairman Bartolotta said the board could ultimately require public pension information to be disclosed on a website known as the Electronic Municipal Market Access, better known as EMMA. However, the board first needs to determine which information must be disclosed.

Newt Gingrich has said that legislation will be introduced that will essentially allow states to file bankruptcy. For months Gingrich has championed letting states file for bankruptcy in order to handle their long-term budget problems, but is facing heavy resistance from states and investors in the $2.8 trillion municipal bond market. Also, on February 9th, many house members opposed the idea of federal bailouts for governments, as well as any sort of bankruptcy protection. Several House and Senate Republicans reintroduced legislation that would increase disclosure obligations for the public-sector pension systems. This legislation has gained substantially more support, and is expected to soon be brought forth at hearings and moved through Congress.

Because states are sovereign, they cannot declare bankruptcy as cities can, and most have provisions in their constitutions that make defaulting on debt next to impossible. The New York State Comptroller, Thomas P. DiNapoli said that “Just the availability of a bankruptcy option and the potential bond default could severely damage state credit ratings and destroy the trust of bondholders.”

Just a few weeks ago, the municipal bond market suffered a sharp sell-off on fears of defaults by cities and other issuers.

Filing for bankruptcy would allow states to renegotiate their pension liabilities and other obligations to state employees under labor contracts. State bankruptcy may be a way to put additional pressure on public employee service unions to negotiate, said Howard Cure the director of municipal research at Evercore Wealth Management in New York.

Is bankruptcy the right option? In bankruptcy court a judge could force lenders to accept less than what they are owed, and more importantly – expensive union contracts could be replaced with cheaper ones. Bankruptcy – in theory – could afford states the opportunity to regain financial stability in a short amount of time. There are many draw backs to the state bankruptcy option; states can end up being tied up in court and in the end only end up marginally better off than in the beginning. According to the Investment Company Institute, investors pulled a record $21 billion from municipal bonds in November and December. This was twice as much as investors took out during the middle of the 2008 financial crisis. The fear of bankruptcy has already had negative effects on small cities and towns that are afraid to issue new debt in fear of the bankruptcy option.

Intern Alix Ohrt, is a senior in Economics at St. Cloud State University

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