by JOSH BARRO
When Dan Liljenquist began his
first term as a Utah state senator in January 2009, his financial acumen
quickly earned him serious legislative responsibilities. A former management
consultant for Bain & Company, Liljenquist was appointed by the Utah senate
president, Michael Waddoups, to three budget-related committees; he was also
made chairman of the Retirement and Independent Entities Committee. As
Liljenquist remembers it, Waddoups pre-empted any concerns the freshman might
have had about his new responsibilities: "Don't worry," Waddoups
said, "nothing ever happens on the retirement committee."
But then, in the early months of 2009, the stock
market went into free fall. Worried about the effects the market crash would
have on Utah's public-employee pension plan — which, like most states', is
invested heavily in equities — Liljenquist asked the plan's actuaries to
project how much taxpayers would have to pay into the pension fund in order to
compensate for the stock-market losses. The figures that came back were
alarming: Utah was about to drown in red ink. Without reform, the state would
see its contributions to government workers' pensions rise by about $420
million a year — an amount equivalent to roughly 10% of Utah's spending from
its general and education funds. Moreover, those astronomical pension expenses
would continue to grow at 4% a year for the next 25 years, just to pay off the
losses the fund had incurred in the stock market.
This scenario alarmed lawmakers, and for good reason.
It also alarmed public employees, who feared that rising pension costs would
limit the state's ability to pay higher wages. Tapping into these concerns
during the 2010 legislative session, Liljenquist built consensus around a
cost-saving reform plan: Utah will now require all state employees hired after
June 2011 to choose one of two retirement options — either a 401(k)-style
benefit plan, or a sharply modified pension plan with costs to taxpayers capped
in advance. The reform isn't perfect, of course, but it will be significantly
less expensive for Utah's taxpayers, and will leave more room in the state
budget for the real business of government.
Utah, it seems, has thus narrowly escaped catastrophe.
But what about the other 49 states? The pension-cost explosion is hitting
nearly every one of them, too. And unlike Utah's, these states' efforts at
pension reform are not being overseen by management consultants. Rather, in
most places, state legislators are overmatched by savvy public-employees'
unions and by pension-fund managers wedded to the status quo. Their influence
explains why, though 18 states enacted some sort of pension reform in 2010,
very few will offer real, long-term relief to taxpayers.
Concern about this impending crisis should extend far
beyond state capitals, because its consequences will affect much more than
state balance sheets. The staggering burden of paying out retirement benefits
is increasingly preventing state and local officials from financing all the
other services that citizens expect their governments to perform. For example,
Camden, New Jersey — one of the most crime-ridden cities in the country —
recently had to lay off nearly half its police force because the state's
public-sector unions, including those representing police, were unwilling to cut
costly benefits provisions from their contracts. Moreover, should the states
prove incapable of getting their pension costs under control, they will put the
squeeze on taxpayers across the country — forcing them to pay more in exchange
for fewer government services — and could precipitate federal bailouts that
would effectively transfer money from fiscally responsible states to profligate
ones.
Everyone, then, has a stake in understanding just how
the states got into this terrible mess, where many states are going wrong in
trying to rectify it, and — perhaps most important — just what principles
should animate any reform plan capable of both shoring up state pensions and
shielding the taxpaying public.
DEFINED BENEFITS
To understand how the states got into their current
sorry predicament, it is essential to examine the structural flaws in the
state-pension edifice. There are two fundamental problems with the pension
plans offered by state and local governments all across America: One is that,
in many cases, the benefits are excessively costly, insofar as they are more
generous than is necessary to attract qualified talent to government work. The
other is that, by guaranteeing annuity-like streams of income in retirement —
regardless of whether the pension funds' assets and market performance can
support those payouts — such plans expose taxpayers to enormous risk. After
all, those taxpayers are the people who will be responsible for making up any
shortages.
Both of these problems are driven by the structure of
most public-employee retirement plans, which follow what is known as a
defined-benefit model. As the name would suggest, a defined-benefit pension
plan guarantees some fixed level of income to workers upon their retirement;
benefits are determined by a formula that is typically based on the number of
years worked and average earnings in several years leading up to retirement.
(Under some defined-benefit plans, retired workers are also entitled to annual
cost-of-living adjustments.)
In principle, defined-benefit pensions are designed to
be pre-funded. Employers are supposed to set aside money during a worker's
career to pay for his benefits in retirement; in many cases, the employee is
required to make some portion of the total contributions himself. The employer
— in the case of public workers, the state — then invests these assets, mostly
in equity investments (such as mutual funds or stocks) with a minority in
fixed-income vehicles, such as bonds.
The key to defined-benefit plans, however, is that the
employee's benefit payments are not affected by the market performance of those
assets. In this sense, defined-benefit plans are explicitly designed to shift
investment risk from employees to employers. In the case of public pensions, if
a plan misses its target investment return, state workers don't see their
benefit checks shrink: Instead, taxpayers hand over more of their earnings to
the government, so that it can make good on its promises to public-sector
retirees.
Over the long term, defined-benefit pension plans can
pose serious challenges to an employer's bottom line — as Chrysler and General
Motors (and the American taxpayers who had to bail them out) can attest.
Perhaps this is why defined-benefit pensions have become increasingly rare in
the private sector: As of March 2010, just 30% of private-sector workers at
medium and large firms participated in a defined-benefit pension program (down
from 80% in 1985). Far more common in today's marketplace is the "defined
contribution" plan — such as a 401(k) — through which an employee sets
aside earnings in a tax-free account that he can draw from upon his retirement.
But the public sector, characteristically, has been
much slower to grasp the problems inherent in the defined-benefit structure —
and the model is still used by every state to provide benefits for at least
some workers. To be sure, some states are starting to inch away from this
approach: Michigan and Alaska abandoned the defined-benefit model for most new
state workers in 1997 and 2005, respectively; Alaska's reform also extends to
local-government employees. But overall, in 2009, 84% of state and local
workers in America were offered defined-benefit plans; today's federal
employees also receive relatively small defined-benefit pensions in conjunction
with 401(k) plans. (In addition to pensions, many public workers in the United
States are eligible for free or heavily subsidized health insurance in
retirement — a benefit that states have typically done even less to pre-fund
than they have pensions, and one that is rising rapidly in cost.)
Often, taxpayers aren't even fully aware of the degree
to which they are on the hook for state workers' generous benefits. Indeed, one
of the inherent dangers of defined-benefit pensions is that such schemes allow
lawmakers to promise future payments to state workers without having to fund
those benefits adequately in the here and now. And because the present costs of
state workers' benefits are never transparent to the voting and taxpaying
public, politicians enact more expensive benefits provisions than they could
get away with otherwise.
ACCOUNTING DOUBLE STANDARDS
In the past year, think tanks and the press have tried
to illuminate the opaque accounting practices of public-pension plans and the
vast unfunded liabilities they obscure. Though often presented as impossibly
complicated, the problem at the heart of the pension crisis is fairly simple: A
pension plan holds a pool of assets and owes a stream of payments to government
workers and retirees. If the plan doesn't hold enough of the former to cover
the latter, it is said to be "underfunded." And it is this
underfunding that presents a severe, long-term challenge to state policymakers.
Even accepting the accuracy of the plans' own figures, the funding gap is
alarming: As the Pew Center on the States noted in a report released last year,
state and local governments were $1 trillion short of funding their pension and
retiree health-care commitments. And these calculations were based on figures
from the end of fiscal year 2008 — meaning that they included, for the most
part, financial statements prepared before the stock market
took its nosedive.
Yet dire as these figures seem, they are still far too
rosy. A consensus has emerged among economists that government plans are
fundamentally miscalculating the liabilities they owe, as they understate the
cost of benefits to be paid in the future by counting on high investment
returns that may not materialize (as discussed below). As a result, these
government plans are also understating their funding gaps. Estimates from the
Cato Institute and Credit Suisse put states' unfunded liabilities just for
health care north of $1 trillion. And economists Robert Novy-Marx (of the
University of Chicago) and Joshua Rauh (of Northwestern University) find that
pension funds are short by more than $3 trillion.
These numbers are enormous, but their true magnitude
becomes more clear when they are placed in fuller context. Consider that the
total outstanding bond debt of state and local governments is about $2.4
trillion. If one accounts for pension and health-care debts using the figures
supplied by Novy-Marx and Rauh (among others), the total outstanding
obligations of the states rises to as much as $6.4 trillion — meaning that our
sub-national governments are nearly three times further in the red than they
appear to be at first glance.
The difference between these market-value estimates
and the official tabulations of pension liabilities has to do with the choice
of a discount rate — or rather, the presumptive interest rate one uses to
determine precisely how much a sum of money that one will either pay out or
receive in the future is worth today. In a sense, discounting works like an
interest calculation in reverse: If a person owes $1.05 in one year, is
discounting at a 5% rate, and holds $1 today, he can say that his $1.05 payment
due in one year is fully funded.
Governmental Accounting Standards Board rules allow
public-pension plans to set their liability discount rates equal to the
investment returns they expect to achieve on their assets. Among major
public-sector pension plans in the United States, that rate ranges from approximately
7.5% to 8.5%, with 8% being the most common choice. These rates reflect the
fact that pension funds typically invest most of their assets in equities,
which can achieve relatively high returns.
But those higher returns carry a downside: volatility.
With the right investment mix, pension funds can, over time, average returns in
the neighborhood of these targets; indeed, they have historically achieved such
rates, even when one factors in the recent crash. The problem is that they
cannot reliably yield such returns in any given year: In some moments,
investments will produce windfalls that far exceed expectations; at other
times, as in the period from 2008 to 2009, the funds' returns will come in far
behind.
State governments expect to exist in perpetuity, which
means they tend to take a very long-term view of their pension obligations —
longer than, say, a corporation that has to worry about remaining profitable.
But that doesn't mean governments can simply wait around for investments to
bounce back after a stock-market crash while continuing to pay out benefits at
the same level. If they do, they risk allowing a pension-fund balance to run
all the way down to zero.
As a result, when pension funds lose money, taxpayers
must step in to make up the difference. For example, in a recent report, my
Manhattan Institute colleague E. J. McMahon and I estimated that employer —
i.e., taxpayer — contributions to the New York State Teachers' Retirement
System will more than quadruple over the next five years, principally as a
result of recent stock-market declines. In this sense, taxpayers provide
valuable insurance to public-employee pension plans, guaranteeing equity-like
investments with bond-like certainty.
By contrast, pension plans in the private sector —
governed by the separate Financial Accounting Standards Board — are not allowed
to choose a discount rate based on expected returns on assets. Instead, they
choose a discount rate based on a principle called the "market value of
liabilities." Under this principle, a payment due in the future should be
discounted at an interest rate consistent with the risk experienced by the
creditor (which, in the case of a pension plan, is the worker or retiree). The
amount of the liability is unaffected by either the nature or quantity of the
assets the pension plan holds. For most private-sector pension plans, the
market-value approach produces a discount rate between 5% and 6% — noticeably
lower than the 8% presumed by the public sector.
The wisdom of the private-sector approach over that of
the public sector is illustrated by an example from Novy-Marx and Rauh. Let's
say that a person owns a home that has a mortgage on it, and he also has
significant liquid investments that he intends to use to gradually pay off the
mortgage. Now imagine that he re-allocates his investment portfolio away from
bonds to stocks, increasing his expected return. Would we say that this change
in his investment strategy has caused his mortgage balance to fall? Of course
not. But that is what public pension plans do, by using expected asset returns
as a component of the calculation of liabilities.
THE TRUE COST OF PUBLIC
PENSIONS
The degree to which these GASB-approved accounting
tricks have led public pension funds to the brink of insolvency is usually the
problem that draws analysts' focus. They are concerned — rightly — that pension
plans are claiming to be much better funded than they really are. But this
means that a related cash-flow issue often goes overlooked: The same error in
discount-rate selection means that pension funds are also far more expensive than
they claim to be. Clearly, this misrepresentation has major political and
fiscal consequences. When lawmakers, and the voters to whom they are
accountable, evaluate a state's pension system, the obvious first question is,
"What do the benefits cost?" Accounting rules make answering this
question less simple than it should be — and that difficulty has allowed
lawmakers to hide pensions' true costs to taxpayers.
On the surface, the most obvious way to assess pension
costs would be to look at the payments that state and local governments
actually make into their pension systems. Every year, pension actuaries
essentially send a bill to these governments, telling them what they must pay
to cover the accrual of more benefits and to shore up plans that are
underfunded. This first component — covering benefits accrued by active
employees in the current year — is called "normal cost"; the second
part is called "amortization cost." (In the case of an overfunded
plan, the amortization cost may be negative.)
The trouble with using pension payments as a stand-in
for pension cost — which the Bureau of Labor Statistics does when calculating
compensation data — is that the total payment into a pension system in a given
year usually does not accurately reflect the cost of paying out that year's
benefits. For one thing, amortization cost — a key component of the actuaries'
annual bills — is really an assessment to pay for labor that public employees
provided in past years. Even if a government had no current workers on the
payroll, its pension plan would still have to amortize any unfunded liability.
The complications posed by amortization costs are
illustrated through a situation that was common at the peak of the tech bubble.
During that period, high investment returns led some pension funds to report
that they were significantly overfunded, resulting in large, negative
amortization costs. As a result, pension contributions in those years were near
zero. But this did not mean that pension benefits in those years were free; by
promising pension benefits to workers, governments were still incurring
liabilities that they would not otherwise have owed. Rather, the very low fund
contributions meant simply that governments were using their investment
returns, not tax receipts, to pay for retirement benefits in those years.
Another problem with using annual state contributions
to determine a pension fund's cost is that some states disregard their
actuaries' recommendations and pay less than they are supposed to when times
are tight (Illinois and New Jersey are notable culprits). But failing to
properly fund pension benefits does not make them cheaper (indeed, just the
opposite); it simply means that the government is delaying the cash payment to
a later year.
Rather than looking at annual cash contributions,
then, pension cost should be thought of as equivalent to normal cost — the
amount by which pension liabilities grow because workers are able to earn
pension credits in a particular year.
But while this would be an improvement, there are
still problems with a normal-cost approach. And chief among them is yet another
issue relating to discount rates. In a pension fund, normal cost represents the
present-day expense of promising to make a stream of payments in the future —
which means that the cost is calculated using a discount rate. Funds generally
use the same rate that they use to calculate their aggregate liabilities —
about 8%. Of course, in this case, too, the discount rate is excessively high,
leading states to underestimate their annual normal costs.
The effect of using the wrong discount rate is
significant. Consider the New York State Teachers' Retirement System, which
estimates its normal cost for employees hired in 2009 or earlier at 11.8% of
wages and salaries (meaning, on average, that paying out one dollar in wages
implies pension benefits that will cost 11.8 cents each year to provide).
Adjusting the discount rate from 8% to a more realistic 5% increases that
normal cost to approximately 19% — meaning the pension is really about 60% more
expensive than its stated normal cost. If lawmakers had to calculate pension
funds' normal costs on a market-value basis (as private pension funds do), and
also had to increase required taxpayer contributions accordingly, they might
think twice about making government workers' pension benefits ever more
generous.
Accounting issues like these are but one way in which
defined-benefit pensions systematically lead lawmakers to award overly generous
pension benefits. Another major flaw is inherent in the very nature of
pensions: They allow lawmakers to give valuable benefits to public workers (and
to placate unions) without ever having to deal with the ugly future
consequences. Handing out a wage increase, after all, generally requires coming
up with a significant amount of money in this year's budget, which can pose
enormous financial (not to mention political) difficulties. Sweetening pension
benefits, on the other hand, achieves much the same political end — and while
it does increase a pension system's unfunded liability, that cost is spread
across pension payments that will be made for many years. In this way,
legislators can please public employees now and leave it to future legislatures
to clean up the mess.
This practice was common at the peak of the tech
bubble, when many states — particularly New Jersey, New York, California, and
Illinois — handed out pension sweeteners that, thanks to the high discount
rates permitted under GASB, had the appearance of being "free." Of
course, those sweeteners weren't free: They were simply financed with returns
on investments that belong to taxpayers — returns that should have been used to
reduce taxpayers' contributions to public workers' pensions. Then the stock
market performed poorly over the next decade, and those "free"
sweeteners ended up being paid for with tax dollars after all. (New York and
New Jersey have since taken steps to reverse the increases, but only for newly
hired employees.)
Defined-benefit pension plans thus provide lawmakers
with both the motive and the means to seriously abuse state finances. All over
the country, state lawmakers are tempted to appease government workers now, and
let someone else figure out how to pay the bill in the future. At the same
time, the complex accounting rules that govern defined-benefit pensions make it
easy to cover up the costs of the scheme.
It is not impossible, of course, to construct a
defined-benefit plan with reasonable costs. Certain institutional changes —
like de-linking liability discount rates from asset returns, or requiring
voters to approve any sweetened benefits for government workers (as they must
approve the issuance of bonds in many states) — could help make costs somewhat
easier to control. But there is another major problem with defined-benefit
pensions that is fundamental to their nature — one that cannot be avoided
without switching to a defined-contribution system. And that is the excessive risk
to which they expose taxpayers.
RISKY BUSINESS
Defined-benefit plans are, by their very design,
intended to shift investment risk away from workers to employers. In most
cases, both employees and employers make payments into a pension fund, but the
employee payments are fixed — so only employer-contribution rates change with
the funds' asset performance. Thus these plans carry the risk that, during
economic downturns, the employer will be expected to come up with sharply
increased payments for pensions. In the case of public-sector pension plans,
this means taxpayers will have to pay much more at precisely the moment when
they can least afford to.
To see just how painful this can be for taxpayers,
consider the case of the New York State Teachers' Retirement System and the New
York State and Local Employee Retirement System. Both were battered by the
stock-market decline that followed the 2008 financial crisis; as a result, the
funds held $212 billion in assets at their reporting dates in 2010, reflecting
no increase since the year 2000. Yet because of growing retiree headcount,
rising salaries, and a series of pension sweeteners approved by the state
legislature, the funds last year were paying out twice as much
in annual pension payments as they were a decade earlier. Accordingly, required
taxpayer contributions are rising sharply: While employer-contribution rates
were near zero a decade ago, and ranged between 6% and 10% of covered payroll
over the past several years, rates for both plans are likely to climb above 20%
by 2015.
When expressed in dollar terms, the increases appear
even more stark. In fiscal year 2011 (which ends June 30), New York state
school districts are making $900 million in contributions to the teachers'
retirement system. By fiscal year 2016, that annual figure will rise to
approximately $4.5 billion — and that's assuming that the fund hits its 8%
targeted investment return over the next five years. These figures mean that
school property taxes will have to rise 3.5% per year just to pay for the
growing expense of providing teachers' pensions — even before addressing cost
increases in any other area of the state's education system (including any
potential wage increases for current teachers). All of this is the result
simply of stock-market declines since 2007.
For this reason, it is incorrect to think of
pension-fund assets as "belonging" to retirees. What the pensioners
own is a valuable bond-like promise from the government. The taxpayers owe
those promised funds to the pensioners — which means they also own the funds'
asset pools, and rely on their strong performance to prevent massive tax
increases. Essentially, state governments are long in the stock market on
taxpayers' behalf.
Placing such a burden on federal taxpayers would be
one thing; to limit risk, Washington could just issue Treasury bonds to pay
rising costs, and pay them off when times are good (though taxpayers would
still eventually be on the hook for interest payments). But almost every state
is required to balance its budget each year. This means that swinging pension
contributions place added pressure on already strained state budgets during
recessions. The result is a harmful de-stimulative effect on the economy — as
state program spending must be cut to make up for pension losses, or taxes must
be raised on taxpayers who are feeling their own pain from the economic
downturn. Both are policies to be avoided during recessions — and yet states'
defined-benefit pensions leave lawmakers with few other choices.
Unfortunately, Utah is one of only two states to have
seriously attacked the risk problem since the recession hit; Liljenquist's
reform plan will shift investment risk away from taxpayers, at least for the
retirement benefits of newly hired employees. (Michigan, having moved a large
portion of state workers to 401(k) plans in 1997, will start offering new
teachers a somewhat less generous defined-benefit pension, plus a 401(k) plan
with a 2% match.) Each of the other 24 states that enacted reform plans in the
past two years, meanwhile, has worked within the confines of the
defined-benefit model. These reforms may provide some cost reductions, but they
will not address the enormous risks that today's pension schemes pose to
taxpayers.
PRINCIPLES FOR REFORM
Any successful pension reform, then, should address
both problems: excessive cost and excessive risk. Achieving these twin aims
will clearly not be easy, and each state will need to consider its own unique
problems and circumstances. Even so, there are three general principles that
states can follow if they want to enact meaningful reforms that stand some
chance of staving off pension disaster.
First, pension reforms should include all benefits
that will be accrued in the future, not just benefits that will be accrued by
new hires. As mentioned earlier, most states are limiting their pension reforms
to new employees only — which means they are likely dooming their reforms to
failure.
Admittedly, the political logic of their approach is
easy to understand. Workers who might be hired in the future do not belong to
unions; they have no voice in the political process. Active workers and
retirees, however, are strong political forces in state capitals. Moreover,
reforms that apply only to new workers can in fact generate significant savings
over time: In the case of Michigan, for instance, thanks to the reform plan
enacted in 1997, approximately half of the state's current work force is not
eligible for the defined-benefit pension plan. For those employees who remain
in the defined-benefit plan, Michigan's pension costs per worker have risen
sharply in the past few years — as have those for every other state. But for
the majority of the work force now in the defined-contribution plan, the
state's costs are flat. As a result, Michigan was saving $210 million per year
by 2010, with the savings growing each year.
The problem with this approach, however, is that cost
savings in the near term are extremely limited. Last year, New Jersey passed a
pension-reform law that rolled back a 9.09% pension sweetener enacted in 2001.
But the rollback applies only to workers hired after the enactment of the
reform law — meaning that it won't have much effect on the size of pension
checks until around 2040. Other large states, including Illinois and New York,
have recently enacted similar, purely prospective cutbacks.
Reductions in benefit accruals do enable states to cut
back somewhat on pension-contribution payments before they actually flow
through as smaller pension checks: A reduction in normal cost for new employees
means that less money can be deposited each year to keep the pension system
actuarially sound. But even this effect takes years to become substantial,
because within the first few years after reform, a large majority of active
employees will be accruing under the old rules, with the old (higher) normal
cost. This does little to alleviate the cash-flow problem that taxpayers face
today. For reform to have any meaningful effect on required contributions in
the short term, it must also include current workers.
This does not mean that states should take away
workers' already vested benefits. Those payments represent promised
compensation for labor provided in the past, and states should honor such
contracts unless they lack the overall financial wherewithal to honor their
debts. But it does mean that states should act to reduce the benefits that
current workers can accrue in future years. Essentially, states should adopt
the private-sector model of pension-plan termination: Unless firms go bankrupt,
they cannot revise pension benefits already accrued, but they can reduce or
eliminate the benefits that workers expect to earn in future years of
employment.
A few recent proposals have come close to striking the
right balance. The Civic Committee of the Commercial Club of Chicago has
suggested such a reform for Illinois, after obtaining a legal opinion stating
that cuts to future benefits for current workers are allowable under the
pension-guarantee provision in the state's constitution. And New Jersey
governor Chris Christie's pension-reform proposal includes some reductions of
future accruals by existing workers. But the states that have actually touched
the benefits of current workers — Minnesota, Colorado, and South Dakota — have
done so in the wrong way, by implementing across-the-board reductions that do
not differentiate between benefits already accrued and benefits to be accrued
in the future. Not only does this involve the abrogation of real promises to
public workers, it has also invited litigation. Clearly, more education needs
to take place before state lawmakers have a proper understanding of what to
touch, and what not to touch, when it comes to trimming back future benefits.
Second, serious pension-reform plans should abandon
the defined-benefit model. Three states — Michigan, Alaska, and Utah — have
enacted reforms that will move many employees to defined-contribution
retirement plans, or at least to sharply modified defined-benefit plans that
shift most investment risk away from taxpayers. In most states, however,
pension reform has been a matter of tinkering: increasing employee
contributions, adjusting benefit formulas, raising retirement ages, and so on.
The problem with tinkering is that it addresses only
the matter of pensions' high costs, doing nothing to shield taxpayers from the
investment risks discussed above. Moreover, if states don't seize this moment
to do away with defined-benefit models once and for all, they are unlikely to
have another chance any time soon. And those small fixes that they do enact
will likely be undone in future years. Administrations change, legislative
seats turn over, and public-employee unions wax and wane in their power. Given
a few years of strong stock-market returns and friendly lawmakers,
public-worker interests will likely be able to restore any benefits they lose
during the current reform cycle — which will put state finances, and the
taxpayers affected by them, in the same tough position during the next
downturn.
New York taxpayers have learned about these dangers
the hard way. There is a reason that the pension fixes enacted in 2009 were
called "Tier V" and not "Tier II": There had been three
previous attempts to rein in the excessive cost of New York's public-employee
pensions by creating less generous pension "tiers" for newly hired
employees. These reforms date back to the fiscal crisis of the 1970s, when
unsustainably generous contracts with public-employee unions threatened to
throw New York City into bankruptcy. Since then, though, New York's
public-worker unions have been highly successful in unwinding previously enacted
pension reforms. The new Tier V is nearly identical to Tier IV at the time of
its enactment in 1983 — but Tier IV has been repeatedly, and retroactively,
sweetened through increases in benefit formulas, cuts to employee
contributions, and reductions in the retirement age. Similarly, by the time
substantial numbers of workers actually start retiring under Tier V around
2040, this plan, too, will probably bear little resemblance to its current
form.
Moving to a defined-contribution system would not make
such reversals impossible, but it would probably make them much less common.
For lawmakers, a key appeal of pension sweeteners in a defined-benefit system
is their opacity: The fiscal cost often appears to be financed by windfall
returns on pension assets. Similarly sweetening a 401(k) plan, however, would
require a direct infusion of cash into workers' accounts, at a significant and
immediate cost to taxpayers — making such goodies much more difficult for
lawmakers to distribute.
Third, states should consider voluntary buyouts of
existing pension benefits. The two reform principles outlined above address
only the costs of pension benefits going forward; they do not help resolve the
very real problems associated with states' existing pension liabilities — those
that were incurred by governments as payment for labor that employees provided
in the past. Here, there are no easy policy maneuvers: Short of defaulting on
these debts, the only way states can eliminate unfunded pension liabilities is
to fund them.
Unless, that is, employees voluntarily agree to sell
their pension benefits back to their employers. Even if governments can be
trusted to make pension-benefit payments as scheduled — which, given some
states' current circumstances, is a big "if" — many employees would
probably accept significantly reduced pension payouts if they could get their
benefits in one up-front, lump-sum payment. The reason is the difference
between cost and value: Part of why pension benefits are so expensive is that
it is costly to provide insurance of long-term returns; workers, however, may
not place a value on that insurance that is as high as the cost of providing
it. Effectively, a pension benefit is similar to a 401(k) plan invested
entirely in annuities. And the fact that few individuals choose to invest their
retirement accounts entirely in annuities — especially during their working
years — suggests that pension benefits may be worth less than they cost to
provide.
A working paper by Maria Fitzpatrick, a fellow at the
Stanford Institute for Economic Policy Research, attempts to determine just how
highly some public employees value their pension benefits. She examined
Illinois teachers' choices when, in 1998, they were offered a chance to make a
one-time payment up front in exchange for more generous benefits in retirement.
The terms of the purchase varied significantly depending on a teacher's salary
and years of service. Using reasonable discount rates, the up-front purchase
cost was lower than the present value of benefits for nearly all teachers — 99%
could expect at least a 7% annual return on investment, with no risk so long as
the state did not default. But the deal was sweeter for some teachers than for
others, a variation that made it possible to estimate the subjective present
value that teachers placed on future benefits.
Fitzpatrick's finding is, in a way, depressing: On
average, teachers were willing to pay only 17 cents on the dollar to obtain a
pension-benefit increase. This suggests that defined-benefit pensions are a
highly inefficient form of compensation, costing taxpayers far more than they
are worth to public employees.
But it also suggests an appealing policy solution:
Governments can offer to buy back promised pension benefits at a discount, and
employees may be inclined to take the deal. Admittedly, the proposal presents a
political problem to lawmakers, in that it requires them to produce an immense
sum of cash up front in order to eliminate a long-term liability. To alleviate
some of that pain, however, governments could responsibly issue bonds to raise
the money — since this would mean simply substituting explicit debt for a
larger amount of implicit pension debt. Governments would incur an obligation
to pay interest on the bonds, but in most cases that amount would be more than
offset by the reduction in required employer pension contributions.
So just how much would governments have to offer
workers to induce them to participate in such a buyback program? There are
reasons to suspect the payment would have to be higher than 17% of their
benefits' present value. To begin, people tend to irrationally value assets
they already own more highly than assets they could buy — a phenomenon known as
the "endowment effect." Workers might therefore demand a higher price
when selling their benefits than they would have been willing to pay to buy the
benefits in the first place (which is what Fitzpatrick measured in her study of
Illinois teachers).
There are also negative federal tax implications
attached to taking pension benefits as a one-time buyout. In addition to the
income tax, workers under 59 and a half years old would have to pay a 10%
early-withdrawal penalty. These payments could be avoided by rolling the payout
over into an IRA, but the requirement could make the buyout program less
appealing to workers seeking flexibility. (Congress should consider waiving the
early-withdrawal penalty for buyouts of public-employee pensions as a way to
help states shrink their liabilities.)
Finally, union resistance to a voluntary-buyout
program would likely be strong — meaning they would probably demand higher
payouts for workers in exchange for supporting the plan. Legislators might
argue that a voluntary buyout could only make workers better off: If they
didn't like the deal, they could keep the benefits they were already entitled
to. Historically, however, unions have strongly resisted any moves that have
been perceived as weakening the defined-benefit system (such as voluntary
401(k) options for employees).
Obviously, none of these reforms would be easy to
implement. The states are in grave trouble, and do not have easy options. Nor
are these principles to be mistaken for complete solutions. But they do offer
politicians a basic guide for constructing policies that can help rescue
seriously ailing pension plans. And they show that the challenges that any
reform will inevitably present are not insurmountable. Indeed, the greatest
challenge at this moment may be getting lawmakers to realize that whatever
unpleasantness reform might bring now would pale in comparison to the pain they
invite by doing nothing.
AGAINST THE CLOCK
Those reformers intent on rescuing states from pension
crises will clearly have their work cut out for them. How, then, ought they to
get the process moving? To begin, state and local lawmakers will have to borrow
a page from Dan Liljenquist's book and clearly explain to their colleagues and
voters what will happen to pension plans (and to taxpayers) in the absence of
reform. They should get their pension funds' actuaries to disclose the plans'
underfunding on a market-value basis, and to reveal the expected trajectory of
required taxpayer contributions in upcoming years. Because of the way pension
funds delay recognition of abnormal gains and losses, most states can expect a
cost explosion similar to the one that is coming in New York state — an
increase that is likely to be a powerful motivator for reform.
Congress, too, has a useful role to play. Lawmakers in
Washington should mandate, or at least strongly encourage, greater pension
transparency by states. For example, the Public Pension Transparency Act —
sponsored by Republican congressman Devin Nunes of California — would tie
federal subsidies for municipal bonds to states' making certain disclosures about
their pension funds, including market valuations and projections.
Even with greater transparency, however, modifying
pensions for current employees will remain a tough sell politically; unions
especially will fervently resist. In this situation, lawmakers might be well
served by a divide-and-conquer approach: They can begin to draw a clear
distinction between benefits that have already been earned (and the valid
contractual claims held by the people who have earned them) and future benefits
to be paid (which, if disbursed, would impose unacceptable and unnecessary
costs on future taxpayers). Lawmakers can promise current retirees that their
benefits will not be touched at all in any reform plan, emphasizing that those
benefits will in fact be safeguarded by changes to benefits not yet accrued —
changes that will make the pension system as a whole better funded. Drawing
such distinctions might help lawmakers drive a wedge between active and retired
government workers, thereby fracturing the anti-reform coalition.
Of course, the best tool reformers have at their
disposal is urgency. When Chris Christie talks about why public workers should
support reform, he argues that, without meaningful changes, New Jersey's
pension funds could run out of money — leaving everyone without benefits in a
decade. There are, naturally, some steps short of total default on pension
obligations: A state could, for instance, write pension checks on a
pay-as-you-go basis once the funds are tapped out. But such a measure would be
extremely costly: In the case of New Jersey, it would require a payment of more
than $3 billion a year — more than 10% of the state's current general fund, and
nearly $400 per resident. The amount would only grow over time, and at a faster
clip than the economy. In that event, pensioners would almost certainly end up
taking a haircut on their benefits. Lawmakers need to communicate — and public
workers and their unions need to understand — that it is much better for
everyone to plan and adapt now, in advance, so that cuts are orderly and focus
on benefits not yet earned, and thus avoid slashing the fixed incomes of people
who are already retired.
Even though we are just starting to recover from the
Great Recession, another fiscal crisis lurks around the corner. What we need
now are serious reforms — plans that focus on the underlying causes of
pensions' excessive costs and excessive risks. The good news is that the
looming pension meltdown is still within our power to avert. The question is
whether lawmakers and public workers can muster the discipline and political
courage to do it.
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