POB Pension Fix? TBD

FRAC Chair Mohit Agrawal at Tuesday night’s meeting.

City finance staff is once again considering a controversial idea for how to address hundreds of millions of dollars in unfunded city pension liabilities: Borrowing in bulk with pension obligation bonds (POBs).

City Budget Director and Acting City Controller Michael Gormany acknowledged Tuesday night that POBs are back on the table, at least as a potential solution to the city’s underfunded pensions.

He discussed the issue during the latest regular monthly meeting of the city’s independent Financial Review and Audit Commission (FRAC), which was held online via the Zoom videoconferencing platform.

We’re just looking into this,” Gormany said about the prospect of POBs.

It’s nothing definite. But we can’t keep complaining about the liability that we have with the pensions on the books. Because adding $500,000 here, $1 million there is not going to do it. The only way to change the liability is to infuse large sums of money into the pensions.”

According to two recently published annual reports, as of June 30, 2019, both of the city’s defined pension plans were funded at less than 40 percent.

The City Employee Retirement Fund (CERF) was funded at a ratio of 37.1 percent, and the city Police & Fire Pension Fund (P&F) was funded at a ratio of 38.9 percent.

That’s a big problem. Actuaries consider pensions fully funded at 75 percent or above; and rating agencies — whose assessments of municipal finances determine the rate of interest at which governments can borrow —consider unfunded pension liabilities when assessing government creditworthiness.

The pension funds themselves need to be able to meet pension payments to both current and future retirees. Longstanding underfunded pension payments have driven communities like Hamden to the brink of bankruptcy — and POBs have not always helped.

While the two municipal pension funds need a combined total of nearly $1.3 billion to cover promised pension benefits for current and future city retirees, they had on hand at the end of June 2019 only $497 million.

City of New Haven

CERF annual report.

P&F Fund annual report.

Tuesday night’s conversation marked the resumption of a heated public budget debate that last took place in City Hall in Spring 2018.

That’s when the previous mayoral administration sought to issue $250 million in POBs to shore up the city’s two underfunded public pensions.

Outcry from budget watchdogs and skepticism from Finance Committee alders ultimately killed that plan on the grounds that POBs would load the city with new debt while making the city particularly vulnerable to an economic downtown. Hamden floated $125 million in POBs in 2014, and is still struggling to reduce its overall unfunded pension liabilities while facing potential bankruptcy.

While the Board of Alders ultimately voted to leave the POB proposed ordinance amendment out of the 2018 budget, local legislators did promise at the time continue looking into the wisdom and feasibility of POBs in the coming weeks, months, and years.

The alders set up a Pension Task Force in the wake of that 2018 POB fight. After meeting twice in late 2018 and early 2019, the task force hasn’t held a public meeting in well over a year.

Tuesday night, Gormany said that he and city financial advisers are actively evaluating whether or not to take another crack at trying to issue POBs.

Zoom

Downtown Alder Abby Roth (pictured) started FRAC’s POB discussion by noting that she had seen a reference to the issue in the minutes from the P&F Board’s June meeting. 

At that meeting, P&F Trustee and local firefighter union leader Patrick Cannon asked about the possibility of POBs, whether it be the right time, what the parameters would be as far as rates, and the City’s willingness to look into it,” according the minutes. Gormany replied in that meeting that he had discussed the matter with the mayor, and that Gormany has the City’s financial advisors looking into that possibility.”

The city budget director confirmed Tuesday night that his office is still considering whether or not to recommend POBs.

He said that the process for issuing such bonds would almost certainly require a vote from the Board of Alders and the city’s Bond Sale Committee, especially if the recommended POB amount is anywhere close to the $250 million pitched by the Harp Administration in 2018.

Just as he and then-City Controller Daryl Jones told the Finance Committee alders two years ago, Gormany said Tuesday that the immediate financial perk of providing a massive infusion of cash into the city’s pension funds would be to be to lower the annual Actuarially Determined Employer Contribution (ADEC).

That is the amount of money the city has to pay into the two public pension funds every year in order to meet its actuarilly determined obligations to pay promised retirement benefits to current and former city employees.

This fiscal year’s general fund budget calls on the city to contribute a total of $67.2 million towards public employee pension benefits: over $22.9 million to CERF, over $39.5 million, and $4.7 million to FICA/Social Security.

During their 2018 pitch to alders, Jones and Gormany said that increasing the two pension funds’ funding ratios would allow the city to drop its ADEC by a couple million dollars right off the bat.

The trick to doing POBs right, Gormany said, is to make sure that the interest rate the city gets on any issued bonds is lower than the subsequent rate of return on pension fund investments. The current interest rates set by the Federal Reserve are currently at records lows of around 0.25 percent.

There have been cities and towns that have done a great job at this,” Gormany said. You have to take a strategic approach to this. … If you can lower the ADEC payment by infusing money into the pensions and offsetting the new debt you would be adding on,” then POBs might be worth it.

Over My Dead Body”

Westville city budget watchdog and former aldermanic candidate Dennis Serfilippi offered the sharpest critique Tuesday night of the city’s reconsideration of POBs.

He brought up many of the risks that Jones and Gormany outlined two years ago when fleshing out their case to the alders. For instance: The city might borrow the money and then not fund pensions properly, thereby increasing the city’s debt load without decreasing pension liabilities. Or: the pension fund’s actual investment returns would underperform board expectations, leaving the city underwater on the borrowing.

Serfilippi added to his critique concerns that POBs would be pushed through City Hall by a bunch of people in a smoke-filled room, screwing everybody else” and that the retirees want to be on an island unto themselves with everything protected, and they want to stick it to the homeowners.”

He called the idea absurd” an promised to start organizing immediately to stop the POB considerations from advancing any further. I’m going to raise holy hell,” he said. I promise you, the pension obligations will pass over my dead body.”

FRAC member Joe Dolan (pictured) expressed sympathy for Serfilippi’s concerns about the wisdom of issuing POBs — but took umbrage with the Westville budget watchdog’s accusing of all city retirees of acting in bad faith.

I am a city retiree,” Dolan said. I am also a city resident and taxpayer. I’m not interested in sticking it to myself or to any other taxpayer in this city.”

Serfilippi backtracked on his comments a bit. He said he didn’t mean to slam all city retirees. It’s not the modest pensions people complain about,” he said. It’s the larger ones. He pointed to former fire union president Frank Ricci’s deal with the city for enhanced pension benefits and the legal turmoil around that issue as motivating his frustration about how the city funds public pensions.

FRAC Chair Mohit Agrawal at Tuesday night’s meeting.

FRAC Chair Mohit Agrawal assured Serfilippi, Roth, and his fellow FRAC members that the commission would formally discuss and evaluate any POB proposal from the city once the city actually submits such a plan.

For now, he said, based on Gormany’s presentation, the POB discussion is still in a preliminary phase.

If and when there is a proposal proposed,” Agrawal said, FRAC will take it up.

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