California Judge Rules Nothing Sacred About Pension Promises

Évidemment au Québec, nous ne sommes pas encore rendus là, mais de toute façon on va frapper le mur tôt ou tard en prenant simplement compte de notre problème démographique.

Comme mon blogue à une certaine longueur d’avance.

Je vous avertis sérieusement, les personnes qui ont des retraites dorées, veuillez avoir un plan B.

Puisque nous allons avoir de la difficulté à trouver du crédit à cause de notre surendettement et le manque de création de richesse, on devra réajuster votre retraite dorée, car elle est insolvable et on le savait depuis des décennies.

Rien n’est immuable

Une personne avertie en vaut deux.


Extrait de : California Judge Rules That There’s Nothing Sacred About Pension Promises, Dan Kadlec, Money,  Oct. 2, 2014

A bankruptcy judge rules that bondholders are on equal footing with pensioners in California, sending tremors through the cash-strapped pension world.

In a shot heard round the pension world, a California judge has ruled that in municipal bankruptcies, public employees are no more protected than bondholders. The ruling opens the door for financially strapped towns across the state to cut pension obligations by filing for bankruptcy.

This is just the latest blow to public pensioners. A federal judge ruled similarly in Detroit. The giant California Public Employees’ Retirement System had argued as part of the closely watched case in Stockton, Calif., that different laws applied and required that public pensioners in California be paid in full before anything went to creditors.

But U.S. Bankruptcy Judge Christopher Klein decided against CalPERS, an influential institution that has been leading efforts to preserve defined-benefit pensions nationwide. The Stockton decision, coupled with rulings like the one in Detroit, has public pensioners in every struggling municipality across the country fearing for their retirement security.

CalPERS essentially argued that it was above bankruptcy law because of its statewide charter. For its part, Stockton wants nothing to do with reneging on promises to police and other public employees, arguing that they would leave and the town would not be able to function.

But Judge Klein ruled that public pensions are just another contract,
and adjusting contracts is what bankruptcy is all about
.

He came down on the side of Franklin Templeton Investments, a mutual fund company that had about $36 million of Stockton’s debt.

Like many private businesses in decades past, Stockton and other municipalities lavished unrealistic pension guarantees on employee unions while times were booming. The private sector began its reckoning first as autoworkers and airline employees, among others, were forced to take benefit concessions. Now teachers, police and other public employee unions are feeling the sting of flagging finances—part of the fallout of the Great Recession.

The Stockton ruling is a harsh reminder of how frail the retirement system in the U.S. has become. Scores of both private and public pensions are underfunded, and Social Security is scheduled to become insolvent in 2033. The system is not going to disappear. But change will come and almost certainly result in benefit cuts for some. Young workers are especially vulnerable because they have not paid much into the system yet and have many years left to save for themselves. So take a cue from the Stockton case and start saving now.


Insolvent Scranton PA Pensions Rise 80%, Fire Fund to Run Out of Money in 2.5 Years; Bankruptcy Looms  Mike "Mish" Shedlock, December 15, 2014

The city of Scranton hiked property taxes 57% and garbage collection fees 69% to shore up police and fire pension funds that will run out of money anyway, in 5 years and 2.5 years respectively.

Amusingly (to outsiders) but certainly not to Scranton taxpayers,
Scranton Pensions Increased as Much as 80 Percent as a result of inane mayoral promises.

The 2011 court ruling that awarded huge raises and millions of dollars in back pay to Scranton firefighters and police officers was a windfall for retirees too, with some seeing a more than 80 percent hike in their pensions between 2008 and 2012, a Times-Tribune investigation found.

The increase, most of which was paid in 2011, made the retirees among the highest paid in Pennsylvania, the newspaper’s review of the Public Employee Retirement Commission records revealed.

The increased pensions come at a time when Scranton, in distressed status since 1992, is struggling to survive. Faced with a $20 million deficit, council enacted a 2014 budget with massive tax increases — hikes of nearly 57 percent in property taxes and 69 percent in garbage fees. The recently passed 2015 budget hiked property taxes 19 percent.

The plans’ actuary, Randee Sekol, recently cited the raises as one of the key factors that have pushed the funds closer to insolvency. With a deficit of $78.8 million as of 2012, the fire fund is projected to run out of money within about 2½ years, while the police fund, with a deficit of $62 million, has less than five years left.

The city had no choice but to approve the pension hikes, issued under former Mayor Chris Doherty’s administration, because they are contractually obligated under the union contracts, said city solicitor Jason Shrive.

No Choice?!

Of course the city had a choice. Actually, the city had two reasonable actions and curiously, Shrive even mentioned one of them.

Last week, the city asked the fire and police pension boards to forgo that increase. Both boards rejected the request.

Mr. Shrive made the request based on a section of the Class 2A city code that states no increases can be granted to retirees if an actuary determines the fire and police funds are not actuarially sound. Scranton is the only Class 2A city in the state.

Mr. Shrive acknowledged that the union contracts obligate the city to pay the retirees’ raises, but he said he believes state law, which mandates the city follow the Class 2A code, takes precedent.

Tell, Don't Ask

Given Class 2A law, you don't ask police and fire for cuts, you tell them. Then if they fight, you make the final step:

Declare Bankruptcy on the Spot

The police and fire departments would have to plead their case in federal bankruptcy court,
most likely getting haircuts of 50% or more.


Ultimately, bankruptcy is where all these cases are headed. Taxpayers certainly don't deserve preposterous tax hikes while inept politicians look for ways out, because there are no ways out.

In the meantime, collective bargaining of public unions needs to go the way of the dinosaur. Public unions and the hack politicians who support unions have wrecked more city and state budgets than the next 10 things combined.