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Tuesday, July 28, 2015

Just Pleasing You

The rule-making process for implementing the Moro decision (COLA case) is beginning to unfold.  The PERS staff, and hopefully the PERS Board, are trying to make sense of the Legislature’s 2013 cluster-f**k with the COLA.  The PERS staff has been studying ways to implement the second piece of the COLA restoration project - making retirees whole again after the court unraveled the mess made by 2013’s ineptness.  I’m happy to report that staff posted their proposed rule making for this part in today’s PERS Board packet for Friday’s Board meeting.  The staff is proposing to treat SB 822 as though it never happened, since it was amended five months later with SB 861.  The effect of this is that PERS staff, assuming the rule is approved without revision, will treat the period between May 1 and October 1, 2013 as part of the “old rules”, not subject to the mess created by SB 822.  This would settle the question of whether those who retired after May 1, 2013 and before November 1, 2013 would have to be treated somehow different than everyone else, while those retiring after October 1, 2013 would have to be treated a third way.  The proposed rule basically eliminates SB 822 and treats those who retired before November 1, 2013 (last possible retirement date, October 1, 2013) as if they remained under the old COLA rules, while those who retired after October 1, 2013 would be credited with an additional 5 months of time under the “old” COLA rules before their revised COLA enters the blending phase.  This change makes it possible for PERS to program their ORION system (their retirement benefit calculation system) to simply treat new retirees as either under the old system (all work completed by October 1, 2013) and therefore subject to the “old” COLA rules, or under the new system, whereby their work time is segmented in a way similar to the HB 3349 (tax remedy for in state residents) is handled.  Therefore, if you retire(d) after October 1, 2013, your working career will be apportioned by the work time prior to October 1, 2013 as a percent of your total working time.  If you worked 90% of your career prior to October 1, 2013 then 90% of your COLA will derive from the “old” COLA rules, while 10% will come from the rules under SB 861 (1.25% COLA up to $60,000, 0.15% on amount over $60,000).  This will tremendously simplify their work at a small benefit to retirees and a nominal cost to employers.  It is going to be a long time before most employees are away from the old rules, and this solves the fairness problem.  Alternatives might have been an income weighting, an FTE weighting, and all kinds of other grubby calculations.  This route simplifies life for all concerned, although it is almost surely going to agitate someone in the media, somehow.

Speaking of the media, what ever became of a discussion of the “other” part of the Grand Bargain?  You know, the part where the legislature exchanged about a half a billion dollars of PERS benefits for about a half a billion dollars of small business tax cuts.  It is really amusing to watch the media wrap themselves in a ball of fury over the Supreme Court’s ruling (the one every legal adviser to the Legislature suggested would NEVER fly), while conveniently ignoring the other cost driver in their ill-considered effort to steal benefits legally earned by PERS members.  I guess PERS members are just too easy a target for the media, while small businesses (whatever that actually means) just continue to get a pass.  Me?  I’m going to remember the idiots who brought on this mess in 2013 and consider them in my sights in 2016.

Monday, June 15, 2015

Dangling Conversation

Many people were confused when PERS posted its explanation of how the lost COLA will be restored to retiree accounts.  It always seemed to me that something was missing, yet was obvious.  After many questions addressed to me and to others over on our PERS Discussion Group, I decided that I would go to the source - PERS - and ask for clarification, and, if necessary, an update to the web site.  I am happy to report that the confusion is gone now, and PERS has corrected their FAQ about the restoration in the way I assumed it would be done, but was uncertain because of the unclear language.
You can go to the PERS website (see link to the left of the posts), or you can read the relevant change here.  In particular, for those members who retired prior to May 1, 2013, the COLA restoration will take place in only two steps.  The first step will be a 2% COLA on the CURRENT (uncorrected) benefit effective July 1, 2015 and paid out on August 1.  The second (and only) step will take place in the period between now and the payment received on November 1, 2015.  At that point, the 119,000 retirees who retired before May 1, 2013 will have the accrued unpaid COLA restored and the benefit RESET to the correct level so that the November 1, 2015 payment will be corrected (and will be a one-off large check).  Your first normal payment with all benefits corrected will be the December 1 check.  The official wording from the PERS website is below.  Hope this clears up the confusion.

  1. Calculate the amount owed to those benefit recipients (~119,000) who retired on or before May 1, 2013, and are not affected by the legislation. Our goal is to pay that group by October 30, 2015. The method of payment would be consistent with that currently selected by each benefit recipient (automatic deposit or paper check). We will also be resetting each benefit recipient’s compounded COLA and current year COLA so the benefit payment received beginning November 1, 2015 will be correct. 

Wednesday, May 13, 2015

Laughs and Jokes and Drinks and (non)Smokes

A stellar team of POD regulars have put together a grand lunch buffet on Thursday June 18 to celebrate our great victory at the Oregon Supreme Court. Celebrants are welcome to come early and stay late. Tickets for the buffet will be $26.15 plus the opportunity to buy tickets for prepaid beer and wine . There also will be a no-host bar where, yours truly, will decamp and collect on all those drinks owed him from bets long uncollected. This looks to be a truly fun event where all the various names can finally connect with the faces behind the scenes. I've threatened to collect the titles of all my blog posts - song titles all - and assemble them into a giant playlist that will run continuously through the event.

The initial invitations went out to those who had committed to pay early so that the room could be secured. Once we've secured the needed down payment, we are opening the event up to others who have participated in this process in many ways inside and outside of POD as plaintiffs, lawyers, advocates, sources, media advocates and anyone else who should be included. We'd love to count you among the celebrants. We request that if you are a member of the Legislature, or are any of the media who have fomented the PERS-hate in the media, please don’t  bother to attend. For all of the rest, please email the chief organizer and bottle washer, at podjive@gmail.com, which is in charge of arranging the event, head counting, money collecting, and leg-breaking, should that become necessary to secure your ticket dollars. Spouses, significant others, and potential beneficiaries are welcome to join. We ask only that if this event interests you, that you get your information to the organizers at the above address before May 19, so that we can finalize the menu and the head count. The chefs like to know how many they are cooking for.

For more information about the event, please send your email to podjive@gmail.com.  There is an urgency about this.  We need to sign the contract for the event on May 19th so if you can come and are willing to buy a ticket, please let us know real soon now.

We hope you can make it. We are looking forward to celebrating our most significant victory and the end of future attacks on current PERS retiree benefits.

Monday, May 11, 2015

Peaceful, Easy Feeling

There is considerable debate about what PERS is going to do, might do, or absolutely will not do when the COLA comes due this July 1, 2015.  Rest assured, my friends, that nothing is set yet.  We know that PERS will pay 2% COLA to all retirees, but it is not yet known, and won’t be known for a few weeks whether the 2% will be on our current (unadjusted) benefit, or on a revised benefit that reflects the compounding effects of readjusting the current benefit for 2% COLAs in 2013 and 2014.  One thing is almost certain.  Whatever PERS does on July 1, it probably will not include any restitution for previously withheld COLA.  That is a more complex proposition.  I did learn today from knowledgeable sources within PERS that on May 29, 2015, the PERS Board will meet in their bimonthly setting, and PERS Staff will outline the plan for rectifying the COLA for all retirees.  So, for now, take a chill pill, relax, and know that within a few weeks, we will all know the timetable for restoring the lost COLAs, and for receiving any back benefits with interest we are owed.  I am willing to bet that everything will be resolved before the 2016 COLA comes due.  I’m heartened by PERS’ quick response to the Court ruling, and its desire to move forward as quickly as feasible.

Friday, May 01, 2015

Hold On

Lots and lots of questions, both relevant and irrelevant, about how the Supreme Court’s decision will be implemented by PERS and when.  Let me say that the ink is barely dry on the decision and so it is a bit premature to begin to speculate with too much specificity how the ruling will be implemented, and when.  We do know that the 2015 COLA will be 2%, as stated yesterday by PERS head Steve Rodeman.  The court used a bit of confusing terminology when it described the effects of its ruling as a “blended COLA”.  Blending has turned out to be a confusing word for people.  I think what the Court should have said is that the COLA will be segmented into as many as three pieces depending on the proportion of work performed prior to May 6, 2013 (May 1 for practical purposes), work performed between May 6 (May 1) and October 8, 2013, and work performed after October 8, 2013.  Each of those dates is associated with a different COLA.  Prior to May 6, the old COLA was in effect (that’s the 2% maximum COLA, accrual of a COLA bank, and the use of the Portland CPI as the inflation measure; the second time period reduced the COLA max to 1.5% but left other features in place, while the third segment reduced the COLA to a flat 1.25% without reference to a CPI or a COLA bank.  So, if nothing changes (see below) your revised COLA will be a combination of up to three segments of your working career with the COLA weighted in each segment by the length of time spent in that segment.  For most people, even those retiring today, the dominant piece of the COLA will still be determined by the pre-May 6, 2013 rules (the OLD rules).  The changes the legislature made that are prospective to your working life will dilute the final COLA by some unknown amount from the maximum of 2%.  How this will be implemented remains to be seen.  For people who worked their entire careers prior to May 6, 2013, the old rules govern your COLA, period.  That is probably 85-90% of all current retirees.

There is, of course, a possibility that the Legislature can get involved now or in the 2016 short session and clean up the mess the 2013 Legislature created.  There are lots of ways to do this, but the simplest (though not necessarily the most cost-conscious), would be to say “screw it”, completely repeal all portions of SB 822 and SB 861 relating to the COLA, and just re-do the COLA provision to be effective, say, July 1, 2015 or August 1, 2016 since 2015 is a settled issue from PERS’ standpoint.  Imagine they just decide to start over and revised the COLA to the October 2013 rates and eliminate any reference to the May revision.  This would become effective for only future retirees.  The COLA would still be segmented for those retiring after the effective date of a revised law, but computationally it would make PERS’ life immensely easier by only having to deal with two segments, but would allow them to make a clean adjustment for all current retirees.  Of course, doing this would be slightly more expensive than the present situation, but the extra cost would probably be offset in administrative and clerical savings from having the re-do.

I’m not predicting the above will happen; it is mere speculation that has been tossed around amongst some of us who think about these sorts of things.  I expect the Legislature to do nothing, because that would require them to use less energy than they normally use for coming up with these preposterous plans.  I don’t know if there is enough brain glucose to power the legislature through deep-think right now.

In the meantime, come to our PERS discussion group (see top link on this page), join up, and be welcomed into the discussion.  There are a few of us gas-bags who enjoy speculating and playing armchair (or jailhouse) lawyers.

In the meantime, I wish PERS godspeed as they deal with this hot, steaming turd left in their laps by a group of greedy legislators, even greedier school board officials, and local government officials.  They were warned this wouldn’t fly, and by god the court confirmed that turkeys can’t fly (with apologies to WKRP in Cincinnati).

Peace for another day.

Thursday, April 30, 2015

Days of Wines and Roses

In a unanimous decision, written by Chief Justice Balmer, the Oregon Supreme Court today declared the COLA modifications embodied in SB 822 and SB 861 of the 2013 Legislature UNCONSTITUTIONAL for worked performed prior to May 6, 2013 and October 9, 2013.  This means that if you retired on May 1, 2013 or anytime earlier, the older 2%, COLA bank, and CPI provisions still apply to you as part of your PERS Contract.  For work completed after either or both of those dates, the COLA will be a blend of the pre-2013 and post-2013 rates.  Hopefully, the July 1, 2015 COLA will return to 2% for all eligible retirees, and the previous two COLAs for 2013 and 2014 will be adjusted accordingly in due time.

As for the income tax remedy, the Court ruled that the changes were permissible and are not contractual and were never intended to be contractual.  The only remedy available to those out-of-state retirees who still feel aggrieved would be to reopen the class action lawsuit that led to the Chess settlement in 1997.

While I have only skimmed the lengthy and well-written ruling once, several things popped out.  First, the court basically eviscerated the respondents' (State, et al) arguments about the non-contractual nature of the COLA, the poor-pitiful Pearl argument, the “it’s for the children” arguments and pretty much every argument the respondents made to justify their modification of the COLA retrospectively.  The court also rejected the opportunity to re-visit their decision in the Strunk case (specifically, the Sartain case on the COLA in 2003), asserting that they got it exactly right in 2003.

All in all, I’d say that today was a good day for all PERS retirees and for most actives. The only people who will be fully affected by today’s ruling are those employees who started after May 6, 2013, but they aren’t generally the people who read this blog.  So, while it will take some time to sort out the victory, today is a day that we can clearly celebrate.  There was nothing that I saw that was ambiguous, filled with weasel words.  The decision was clear and decisive.

One final observation.   The Court spent a great deal of time explaining what constitutes a contractual element of PERS.  It left very little wiggle room for future Legislatures to make any changes for retired members.  It also did a great deal to make common sense of the words prospective and retrospective.  It will give great pause to future Legislative assemblies on what might be permissible and what isn’t permissible changes to PERS as we knew it prior to May 6, 2013.   Clearly, prospective changes are OK; any retroactive change to a contractual element is unconstitutional, and they basically said that in no uncertain terms.

I will follow this up as I have more time to read and digest the opinion.  If you want to read it yourself, you can go to http://www.publications.ojd.state.or.us/docs/S061452A.pdf

This just in.  Steve Rodeman, Executive Director of PERS, told Ted Sickinger from the Oregonian that the 2015 COLA will be 2%.  PERS will then spend the next year sorting out all the complex calculations imposed by the Court’s decision for 2013 and 2014, and will try to have them remedied by 2016 COLA time.  Good news.

Wednesday, April 29, 2015

Watch This Space

According to the Department of Justice website, the Oregon Supreme Court will release its decision in the Moro et al v. State of Oregon case tomorrow at 10 a.m..  For those who don’t pay attention to court titles, that is the case we’ve all been waiting to hear about.  This is the case pertaining to the Legislative modification of the PERS COLA and elimination of the income tax subsidy for those not residing in Oregon.  This has been one of the longer-awaited opinions.

So, watch this space tomorrow for a quick posting about the decision and for possibly a longer analysis of what the opinion means.  Unless the case is an outright slam dunk for the defendants (State of Oregon and others), the implications will probably take some time to figure out.  

Stay tuned.

Thursday, April 02, 2015

Future People

Not a heck of lot going on in PERSland, but I thought I’d write a brief post to do two things:  to let people know I’m still alive, and to let future retirees know that the PERS Board has tipped its hand that the assumed interest rate may be changing again.  At the most recent Board meeting (3/30/15), the actuarial assumptions going forward were briefly discussed.  The actuaries will present their study of the PERS system for the next system valuation at the May meeting.  In the meantime, two numbers were whispered about.  The assumed interest rate (currently 7.75%) is expected to drop again on 1/1/16 to 7.5% or 7.25%.  Bear in mind that the PERS fund did NOT make the assumed rate in 2014, coming in with earnings at 7.3%.  While the Board did not have to dip into the gain/loss reserve to fund the 45 basis point discrepancy, it is clear that neither the Oregon Investment Council nor the PERS Board/Actuaries think the higher 7.75% is sustainable.  So, be prepared for another drop in the assumed rate.  If you want to know how this might affect you, just remember that the earnings on Tier 1 accounts, as well as the mortality factors to determine retirement benefits are negatively affected by a lowering of the assumed rate.  For each 25 basis point drop, it takes working about 3 months longer to make up the difference.  So, between the previous 25 basis point drop (from 8 to 7.75%), and the anticipated drop, Tier 1 members remaining in the system will have to work 6 months to possibly 9 months longer to earn the same benefit that would have been received if the assumed rate had remained at 8%.
If things like this worry you, plan on attending the May and July Board meeting where these issues will be discussed.
Here’s hoping the Oregon Supreme Court will finally release its decision in the Moro et al cases (COLA and tax remedy) this month.  We cross the 6 month boundary since the hearings in about 10 days.

Friday, January 02, 2015

On The Outside Looking In

Welcome to 2015, goodbye to 2014.  The new year promises to be interesting for PERS retirees.  Hopefully the interest will be positive, not negative.  Early next month the Legislature convenes for its biennial long session, the one where bad things happen to PERS members and retirees.   So far, nothing bad has been proposed, and very few leaves are rustling in the wilderness.  

One thing certain to happen in 2015, probably within the next three months, is the Oregon Supreme Court ruling in the consolidated Moro et al cases, which pits PERS retirees against public employers, the State, and PERS.  At issue is the formulation of the retiree cost-of-living-increase, which changed dramatically under SB 822 and SB 861 during the 2013 regular and special sessions.  Also at issue is the “income tax subsidy” formed from SB 646 (1991) and HB 3349 (1995).  All cases raise the question of whether the legislature can change the terms of a retirement contract after a member has retired.  This raises the larger question of when contract rights to a particular form of a retirement system vest - at system entry, at the time one is fully vested in the retirement system (5 years presently), or at the time of retirement.  Also at issue is whether the Oregon Supreme Court’s ruling in the Strunk et al case in 2005 remains in force, or whether the current court believes the ruling was incorrect.  For one court to overturn a previous court’s ruling is unusual, and is embodied in the expression stare decisis, which means that the previous decision should stand.  In any case, the time frame for the court’s ruling, following previous history, as well as more recent court history, is 4-6 months from the time of oral argument.  The oral arguments in these cases were held in early October, which suggests a ruling anytime between now and mid-March.

With the Legislature convening in early February, the timing of the Court’s decision in Moro could have an impact of the budgeting process for 2015-17.  I believe that the preliminary budgets, both the Governor’s budget and the Chairs’ budget, were built on the expectation that the Court would uphold the cuts to retiree benefits.  If not, Governor Kitzrobber, now on round 4 of his administration, has vowed that no further PERS cuts would come from his office (no one knows what might come from the “first lady’s office”).  The Dems have also generally promised that they will leave PERS alone this session regardless of the Court ruling.  With stronger majorities in both houses of the Legislature, this makes further PERS changes unlikely.  Note, I did not say impossible.  I expect ferocious lobbying from any number of sources, Oregonian, OSBA, OBA, COSA, AOI, whining and sniveling over school budgets if the Court overturns the Legislative changes in 2013.  Thus, depending on the nastiness of the lobbying, the ugliness of public outrage, and any number of other factors, I am going to assume that something will be done in the Legislature to some groups of PERS members - new hires, hires within the last 5 years, unvested members, all members, retirees, active members, inactive members.  One of the strategies the Legislature has learned over the 10 years intervening between 2003 and 2013 is the “divide and conquer”.  So carving up PERS members into more and more discrete groups will lead to more attempts to “pick off” one group at the expense of some other group.  They tried in 2013 to limit their exposure to retirees, until actives realized that anything affecting retirees will eventually affect them.  That is one of the reason that the PERS Coalition engaged so fiercely in this legal battle.

So, keep your browser pointed in this direction.  We remain on the outside looking in, but the more of us start looking, especially with bright flashlights, the more we will illuminate the world that operates as much as possible in the dark.

Here’s hoping for a good year for all PERS members and retirees.  A victory in the court, and no action from the Legislature would meet my definition for a good year.

Wednesday, December 03, 2014

Waiting in the Weeds

PERS news has been nearly non-existent for awhile now.  Following the Supreme Court hearing on the Moro et al cases the MSM has gone fairly quiet.  The November election brought about a few changes in the composition of the Legislature, but nothing that should be too concerning.  Most of the Rs running against the Ds got a pretty good shellacking at the polls.  If our re-elected Gobernator is to be trusted, we won’t see any PERS legislation pop up in the 2015 Legislature.  Of course, there are renegade Rs who would love to reopen that wound.  There are many behind-the-scene negotiations and strategizing going on right now.  I think the major concern is how the Legislature will respond IF the Supreme Court overturns some or all of the 2013 Legislation concerning the COLA and the income tax remedy.  Reading the transcript of the hearings reveals some very interesting threads, if you are interested in those sorts of things, that, when pulled, lead to some vexing outcomes.  If the past is any indication of the future, the decision from the Court should come down sometime between now and early March.  That will give the Legislature time to digest and decide how to deal with the rulings, if negative for PERS and the employers.

At the end of November, the PERS Board met and Milliman presented a series of potential outcomes on employer rates for the future.  The good news, for employers, is that rates should continue to fall, and that should reduce the pressure on PERS to find ways to stab retirees and actives in the back again.  Of course, Milliman’s analyses considered only one variable in this complex calculus.  They looked at what happens under varying earning scenarios.  They found that only a 2008-like outcome could produce some nasty changes for the employers.  Otherwise, absent a decline like 2008, the employers come out pretty well through all of this. I didn’t attend the meeting so I don’t know whether the code monkeys at Milliman considered the one variable we’re all interested in.  What happens if PERS and the legislature LOSE on SB 822 and SB 861?  What happens to rates then?  Perhaps that is unconcerning to Milliman.  I recall during the 2013 Legislature hearing former Deputy Director Cleary remarking to one of the actuaries (supposedly out of earshot, but not mine), that whatever happened to the bills, PERS could always cover the reversal out of the contingency reserve.  It sounds like PERS is planning to dig into the contingency reserve to cover the court order restitution, and then ding employers for ongoing costs.  Obviously PERS is not terribly concerned about the outcome since they didn’t ask for a consideration of the employer costs if the bills are overturned.

By this time, most PERS retirees receiving a monthly benefit should have received the legislative spiff to the COLA of $150 (less taxes), and the add-on to that if PERS benefits are $20,000 per year or less.  The checks went out on November 24, post-dated to November 26.  I haven’t heard from anyone who qualifies for both checks, but my check showed up in my bank account on November 26.  If you receive a monthly benefit and haven’t received your “bonus”, please contact PERS as soon as possible.  If you don’t receive a monthly benefit, you aren’t eligible for the bonus.  This will continue each year until 2019.  The bonus does not increase your base benefit.

I expect this to be my last post for calendar 2014.  There simply isn’t enough going on to warrant any more frequent posts.  After the new year, life starts to get interesting again, and posts may become more frequent.

I wish everyone a joyous holiday celebration of the Winter Solstice and good tidings for whatever holiday you celebrate towards the end of this month.  I hope the New Year brings good fortune to everyone and that we can manage to get through an uneventful legislative session.

 

 

Tuesday, October 14, 2014

My Oh My

Just back from traveling for almost a month.  By the time I arrived home I had at least three phone calls from friends and acquaintances from the PERS Wars who had attending today’s hearings.  We all know enough about the litigation process not to read too much into anything the court says or does in these situations.  However, that said, two things pop out from the reports.  First, the court seemed much more engaged in the whole process this time than they did in the Strunk case.  And second, the crowds were duly noted.  Only about 9 non-litigants, lawyers got the primary viewing in the actual Supreme Court gallery.  Experienced court watchers knew to get there early and to claim a place in line.  Overflow seating was provided on the second floor library, downstairs from the actual courtroom itself.  Media was out in full force, which shows just how important this outcome actually is.  That sword cuts two ways, as we know from past experience.  Our least favorite newspaper (is that what it still is???) won two Pulitzers from its reporting (muckraking?) on PERS issues and bullied the court into some decisions that we’ve all been living with for some time.  Thus, the overwhelming show of force by the media can be a negative factor for us as they have the bully pulpit to cajole the court into decisions that might go another way if based solely on legal principles (oh, did you think they decided only on legal issues?).  Fortunately, the Statesman Journal, which has Hannah Hoffman, whose reporting on PERS matters for the SJ has been a model of probity and fairness.  I’m told - I haven’t listened to the podcast yet - that she quickly and capably summarized today’s hearings on OPB’s Think Out Loud.  While I regard no reporter as an ally in these proceedings, I am convinced that Hannah’s reporting is the most balanced, the least one-sided of any of the reporting on PERS in the past dozen years.  Anyway, the court, as usual, has many issues to consider.  I based my odds yesterday on the purely legal arguments in the case.  It is impossible to handicap how public sentiment or economic necessity may play a role in the court’s decisions.  To think that the Court has lived in a cave for the past 15 years is nonsense.  All justices are elected and they are also PERS members, although in a slightly differently structured benefit array.  They can’t turn off their own reactions to public sentiment any more than any of us can.  They know full well that “…the whole world is watching”, or something close.  Their decision will be closely watched, carefully timed, and choreographed for maximum impact.  Whether retirees actually win on any of the issues remains, at best, a 50:50 bet all around.  In other words, you place your bets carefully expecting to gain back only what you bet.  

 

In any case, I want to personally thank everyone who attended the hearings today - a good turnout avoids the look of apathy, which has been the enemy of PERS members for decades - and especially the people who called me with more information.  

Monday, October 13, 2014

Across the Great Divide

Tomorrow, in Salem, the Oregon Supreme Court will finally take oral arguments in the four consolidated cases contesting the legislative changes to the retiree COLA and the "income tax remedy" for retirees living outside the state of Oregon and not subject to Oregon income tax. Expect a decision in four to six months. My current handicap gives a slight edge to the plaintiffs (us) in the COLA contest (my current betting is a modest 55:45 edge to retirees). The tax remedy is much trickier to handicap. If the case is based on HB 3349 (passed in 1995), I suspect that the plaintiffs have nearly no chance to triumph (20-1 against), while the original SB 656 (1991) May have a slightly better chance (50:50 today). The PERS Coalition is not even contesting HB 3349.

If you want to do your part, you can try to attend the hearings tomorrow. Sorry for the late notice. I've been traveling since the 3rd week of September and will only get home later tomorrow afternoon.


- Posted using BlogPress from my iPad

Sunday, August 17, 2014

Before the Deluge

We are less than one month away from the official start of “silly season” - the date where serious campaigning for the November elections begins in earnest.  As PERS retirees, we face a series of choices ranging from bad to awful, coupled with a few other nasty ingredients to make our lives an uncertain hell.

In the near term, the Supreme Court will hear oral arguments in the Moro et al cases (those involving the COLA cuts and the changes to the out of state income tax remedy) in early October.  This will put a final Court ruling into the window during which the 2015 Legislature will convene.  If the past is a prelude, I would expect the Court to decide these cases by early March, 2015, in plenty of time for the Legislature to make decisions about what, if anything, they will do in case the ruling goes against the defendants in these cases.

The decision made by the Legislature in response to an adverse (to the State) ruling in Moro et al, will in turn depend on two outcomes that will be determined in November.  The first involves the choice of who will be Governor for the next 4 years. One candidate, the incumbent John Kitzhaber, has claimed in public debates with his opponent and in other forums that regardless of the outcome of the Moro cases, he is through with PERS modifications and wants to move on to other issues.  His opponent, Dennis Richardson, has made a career out of trashing PERS, PERS retirees, and PERS members.  He has made it equally clear that if the court rules against the State in Moro et al, that he will propose an omnibus bill that includes every possible modification of PERS that hasn’t already been ruled on by the court.  This approach - the spaghetti theory of legislation - takes all the various ideas that have been floated in the past and rejected for one reason or another, and burdens the Oregon Supreme Court with the final authority to rule on every single one once and for all.  Besides the sheer political impracticality of such a bill, the chaos that would result between the bill’s passage and the Court’s final adjudication would be unmitigated catastrophe as PERS always implements every legislative mandate until they are told to stop.

This then brings up another squirrelly matter - the composition of the Legislature.  In the past sessions our two former Governors - Kulongoski and Kitzhaber - have had majorities in one or both houses of the Legislature.  That made it possible for each Governor’s wishes to prevail to a large extent in getting through the legislative gauntlet.  This year, as is normal, nearly half the legislature is up for election.  Many incumbents have chosen not to run again, and many others are in highly contested races.  This combines to make the composition of 2015’s Legislative Assembly a potential minefield.  It is possible for 6 different outcomes in the combined Legislative and Gubernatorial races.  Each outcome has a different potential for more or less PERS change in the future.

Needless to say, this Fall’s election will have significant implications for PERS members and retirees contingent on how the results combine with the Supreme Court’s ruling on the Moro et al cases.  Some of those outcomes will not matter to PERS members and retirees; but others could matter a great deal.  I’m not going to suggest how people vote, but I do want people to understand the implications of voting (or not) on their potential or current pension.  This is NOT an election without potential consequences.  The gubernatorial decision could not present any more diametrically opposed choices with respect to PERS.  In one case, the status quo is the WORST possible outcome; in the other case, the status quo is the BEST possible outcome.  

If all this weren’t enough, we have the added problem that the Executive Director of PERS for the past 10 years - Paul Cleary - has given his retirement notice to the PERS Board, effective December 1, 2014.  The Board, which is not particularly member friendly these days, has already held its meeting to establish criteria for Cleary’s replacement, and whoever is selected is going to be a total newbie going into 2015 Legislative session.  All previous directors have discovered that serving the Legislature is a very harsh, nasty, and brutal challenge.  On the one hand, your job is to represent the agency, whose total existence is to service the membership and retirees; on the other hand, the agency can’t run effectively without money from the Legislature to keep and update personnel and equipment to serve an ever-growing portfolio.  Reading the position description and the salary requirements (or limitations) is quite worrisome in that the Board wants pretty much a combination of the last three directors rolled into a single person.  The obvious candidate is not someone I think has a particularly good public persona, but is a known commodity.  That may doom his chances.  I really have no idea who and what is out there looking for a thankless job such as this.  Good luck to the Board on finding Mr or Ms Right.  Moreover,  the Board Chair has adopted a real take charge attitude with respect to everything PERS, but unfortunately, his “take charge” mentality isn’t one driven by the welfare of public sector employees.  As an individual mostly counseling private corporations and private individuals on managing their own assets in retirement plans, he isn’t one who is particularly fond of the PERS structure or benefit arrays.  This could have a significant influence on who gets selected to run the agency in the next month or so.

Putting all these pieces together forms a complex dynamic, with a large number of permutations and combinations.  Here we have a scenario in which a new agency chief will confront a new (or returning) Governor, a largely restructured Legislature, and a undecided set of Supreme Court cases that can alter the economic landscape for PERS members and retirees for the foreseeable future.  

Anyone who says that elections don’t matter better rethink that again, at least for now and in Oregon.  This next election could be the most significant for PERS members and retirees for the next decade or two.  Whatever else, VOTE in favor of YOUR pension, however that works out for you.  For me, it will probably mean that I have to hold my nose in a couple of places, but I didn’t just fall off a turnip truck.  I don’t have to like who I’m voting for, and maybe I’ll really be just voting against someone else.  Whatever works for you best, think carefully before marking your ballot.  The outcome WILL matter.

 

Monday, June 16, 2014

Postcards From Paraguay

School is out and everyone seems to be on vacation (though looking outside, I keep wondering if summer will actually show up on schedule).  This means that for PERS retirees and near retirees, nothing much is happening, which is why this site has been so quiet for two months.  The only emails I’m getting these days are from candidates for the November elections.  Honestly, I don’t know why these people waste the time and energy sending this stuff out now; nobody cares until after Labor Day, the official start of the political “silly season”.  

As far as PERS is concerned, the action will be in the Fall when the Oregon Supreme Court takes the oral arguments on the lawsuits over SB 822 and SB 861, the two bills that alter the retiree COLA, and encompass the income tax subsidies (SB 656 and HB 3349) for out-of-state retirees.  As I’ve learned from experience attending these oral arguments, they are rarely helpful in reading what the outcome will be.  The attorney presentations are brief, interrupted often by Justices’ questions, and never reveal anything about what outcome the Supremes will render.  With the oral arguments scheduled in early Fall, it is likely that the final verdict will be rendered sometime in the early part of 2015, possibly before the Legislature convenes in February.  I’d be surprised if a verdict arose in this calendar year, but stranger things have happened.

Regardless of the court’s final decision, the Fall elections will have a definite impact on PERS issues.  The D’s have announced that they are “done with PERS, regardless of the Court outcome”, while the Rs have said nothing.  Nonetheless, the default R candidate for Governor, Dennis Richardson, has served in the Legislature long enough to have sponsored, cosponsored, or shilled for nearly every anti-PERS member/retiree bill since 2003.  He is considered the strongest opponent of PERS members/retirees, but oddly as Governor his power would be limited to encourage and bully for certain legislation.

I am again confronted by the prospect of not voting in two races this fall - I cannot gather the energy or trust needed to vote for our current Governor, who stuck the knife in about as deeply as possible to all his backers in the last general election.  That makes me absolutely insecure about his claim “to be done with PERS, no matter the court outcome”.  I just don’t believe him and, therefore, have great difficulty supporting his re-election.  On the other hand, Dennis Richardson is so slimy (to me anyway), that I can’t vote for him either.  Thus, my current dilemma.  The other race that I find myself incapable of becoming enthusiastic about is Richard Devlin’s race for re-election to the Oregon Senate.  He’s my Senator and I know him pretty well.  His behavior during the 2013 sessions was nothing short of reprehensible.  When questioned about his advocacy of cuts to retiree COLAs and to the income tax subsidy, he was downright rude and nasty to questioners who challenged his loyalty to his supporters.  At one point during one of these meetings I thought he was certain to have a heart attack or a stroke because he was beet red with anger at the opposition citizens (including me).  I don’t even know if he has an opponent, that’s how disinterested I am in his race.  Chalk up another “no vote”.  So far me, the only reason to vote this Fall are for local issues, especially the ones that want to tax me more for my PERS benefit.  My former employer (PSU) is using its newly acquired autonomy to cut budgets because of “PERS costs”.  Fortunately, they aren’t asking me for money, but my colleagues get to suffer because we retirees are again their convenient “whipping boys/girls”.

I’m going to travel around this summer, mostly outside of Oregon because I need a serious break from the constant pounding of the drums against PERS retirees.  I plan to spend my hard-earned dollars almost anywhere but in Oregon.  My loyalties and affections for the state where I’ve lived for 44 years are diminishing rapidly.  I will send postcards in the form of new posts whenever something interesting or of note occurs.  But for now, I want to stop hearing the noise.  I don’t feel like supporting Oregon’s endeavors.  I don’t expect it to be better elsewhere, but at least somewhere else the locals will be happy to see me and happy to take my money.  This is the start of my own “Boycott Oregon” campaign.  Feel free to join or feel free to start your own “Support Oregon” or “I Heart Oregon” campaign.  For me, this state needs a swift kick in the butt in the form of retirees stopping supporting Oregon for awhile.  I know that people will accuse me of “cutting off my nose, etc”.  If the budget falls, blah, blah, blah.  Trust me, budget falls, budget increases matter not a whit when it comes to PERS.  They simply want our money and will take it however they can get it.  So, I will be supporting WA, CA, NV, UT, AZ as well as places abroad for awhile.  

Friday, April 11, 2014

Tumbling Dice

The Special Master hearings in the Moro et al consolidated cases (SB 822 and SB 861) are due to conclude today, if they haven’t already.  As a result of circumstances beyond my control (taxes, travel, crises), I wasn’t able to attend any of the hearings; however all of the pleadings, briefs, and responses are posted on the web page of the Bennett, Hartman PERS site (here).  There is a remarkable deja vu about the pleadings, especially those concerning the COLA changes incorporated in SB 822 and SB 861.  Besides the historical argument, new to the briefs this time around, there is an extensive discussion of what the court actually concluded in its 2005 Strunk decision on the Legislative reforms of 2003.  The state’s response is also predictable, denying certain facts as facts, arguing that the plaintiffs are trying to present as facts, legal conclusions.  The back and forth between the parties is so much like the Special Master hearings in 2004 that just reading the different parties arguments makes me feel like I’ve been teleported back to 2004.

The arguments over the income tax subsidies for out of state retirees is all new.  The crux of the argument revolves around the Hughes case (1991), the adoption of HB 3349, and what the legislative intent of SB 651 (1991) was.  This could be a trickier legal battle than I thought it might have been in the past.

The Special Master will digest all this material and present his report to the Oregon Supreme Court on or before April 30, 2014.  Once the report is available, I will provide a link to it from here.  Do recall that the Special Master report is simply another piece of evidence used by the Supreme Court in formulating its rulings.  The justices are not obligated to use any or all of the report; they may reject some findings, accept others, and completely ignore still others.  

Stay tuned as we play out this craps game on the legal felt in Portland and Salem.

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