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HomeMy WebLinkAbout04/05/2005, C5 - SUPPORT FOR RESPONSIBLE PENSION REFORM AND EXPRESSION OF CONCERN WITH ACA 5 AND OTHER SIMILAR INITI j councilMmwgD� j acEnna RepoRt G� CITY OF SAN LUIS OBISPO FROM: Monica Moloney, Director of Human Resources Y^" SUBJECT: SUPPORT FOR.RESPONSIBLE PENSION REFORM AND EXPRESSION OF CONCERN WITH ACA 5 AND OTHER SIMILAR INITIATIVES CAO RECOMMENDATION Adopt a resolution supporting pension reforms developed in cooperation with the League of California Cities Task Force, Ca1PERS, and public employees unions while expressing opposition to Assembly Constitutional Amendment 5 (ACA 5) and other similar "quick fix" initiatives. DISCUSSION Overview During the Communication Section of the March 1, 2005 Council meeting, at the request of Council Member Settle, the City Council directed staff to return to Council on April 5, 2005 with a resolution that expands upon the position taken on public pension reform in the Council's 2005 Legislative Action Program. The position in the program is presently stated as follows: "Supporting pension reform efforts in concert with the League of California Cities positions." This report summarizes the overall issue and includes a recommended resolution for adoption by Council that will expand on this position. Background For almost 60 years, California state and local governments have offered "defined benefit" retirement plans to their employees. These plans provide a guaranteed annual pension based upon a formula that considers retirement age, years of public service, and some period of highest salary (typically the last one or the last three years of work). These defined benefit plans also generally provide for an annual cost of living adjustment and additional inflation protection so that the retired employee's purchasing power is maintained over time at a specified level. The City of San Luis Obispo is enrolled in the California Public Employees' Retirement System (CalPERS) which is a defined benefit retirement plan. In recent years retirement costs for public agencies throughout the State have escalated dramatically due to a variety of reasons, including Ca1PERS investment losses and the authorization of significant benefit increases by the State Legislature. Proposed Legislation In the fall of 2004, constitutional and statutory initiatives were proposed that would close all state and local public sector defined benefit plans to new entrants effective July 1, 2007. Instead, all newly hired state and local employees would be placed into "defined contribution" plans. A participant's benefit under a defined contribution plan is based upon contributions made by the cs- � Support for Responsible Pension Reform Page 2 of 3 employee, the employer, and any investment gains or losses on those contributions. Therefore, a defined contribution plan provides no predictability of the benefits paid upon retirement. Assembly Constitutional Amendment 5 Defined Contribution Plan (ACA 5 Richman) and Assembly Constitutional Amendment 1 Extraordinary Session — Defined Contribution Plan (ACA lx Richman) are two such initiatives. Concerns with this Approach These proposals define "newly hired" as any employee hired by any public agency after July 1, 2007, regardless of whether the public employee is merely hired by another public agency. This means that a current public employee would participate in two types of pension plans if he or she were hired by a different agency after July 1, 2007 (the employee's current defined benefit plan and the proposed "defined contribution" plan). Additionally, an employee starting his or her public sector career after the July 1, 2007 date would have a completely different retirement benefit plan than his or her co-workers. This two-tier system would not only decrease the public sector's ability to attract highly qualified individuals but also deter experienced public sector employees from working at different agencies over the course of their careers. Such systems with unequal benefits frequently lead to morale issues. Further, the proposed legislation requires that the defined contribution plans be administered by the private sector, where administrative costs are likely to be higher than those currently charged by PERS. Finally, it is not clear that a defined contribution plan such as those proposed under ACA 5 or ACA lx addresses the root of the issue to those advocating pension reforms (e.g. rate fluctuation, pension benefit levels, shared risk, disability retirement, etc.). Attachment 2 is a "white paper" prepared by CalPERS which addresses several of these issues in more detail, and illustrates why "quick fix cures" could be more harmful than the problem and undermine a system that has fundamentally worked very well for many years. Reform Supported However, the League of California Cities and cities throughout the State agree appropriate revisions and reforms to the current system are needed. Therefore, the League has asked the City Managers Department's standing task force on PERS to undertake a study of the defined contribution proposal and other potential defined benefit reforms. A group of appointed and elected officials were subsequently added to the task force to provide broader input. This group has included police and fire representatives, since public safety concerns have been a discussion focus. Since early December the task force has met regularly to study the problems with the existing defined benefit retirement systems and to evaluate the defined contribution proposal. The League also retained the services of retirement actuary, John Bartel of Bartel Associates, LLC, who worked with the task force to ensure its recommendations for defined benefit system reform were actuarially sound. Reform recommendations currently under consideration by the League include changes to pension benefit levels, improved management of rate volatility, and assurance that reforms are actuarially sound. Perceived abuses of the current defined benefit retirement programs also need to be addressed. Benefit plans which result in retirement benefits that exceed the levels established as appropriate to maintain employees' standards of living should be reformed. It is in GAagenda reportsTension Refonn03_21_05.doc Support for Responsible Pension Reform Page 3 of 3 the interest of all public employees, employers, and taxpayers that retirement programs are fair, economically sustainable, and provide for adequate benefits for all career public employees, without providing excessive benefits for a select few. Attachment 3 outlines the League's draft position on these issues. The CalPERS Board of Administration has also approved the first reading of proposed changes to actuarial policies aimed at reducing employer rate volatility. Key recommendations include the following: 1) in the calculation of the,actuarial "value of assets, spread market value asset gains and losses over 15 years as opposed to the current three years, 2) calculate the annual contribution amount with regard to gains and losses as a rolling 30-year amortization of all remaining unainortized gains or losses, as opposed to the current 10% of such gains and losses and, 3) adopt a new Board policy imposing a minimum employer contribution rate. Minutes of the CalPERS Benefits and Program Administration Committee first reading on employer rate stabilization are attached (Attachment 4). CalPERS staff also received direction to bring specific information regarding the implementation plans and to gather information regarding pension stabilization accounts and reports to their next meeting. The League and CalPERS proposed reforms address the root of the problems, not just the symptoms, while maintaining a pension system that attracts and retains high quality public employees. CONCURRENCES The City of San Luis Obispo's employee association presidents have reviewed this report and support the recommendation. FISCAL IMPACT Support of responsible pension reform has no fiscal impact at this time. Proposed change to a defined contribution retirement system may have significant negative fiscal impact. It is difficult to quantify at this time. ALTERNATIVES No alternatives are recommended at this time. ATTACHMENT Attachment 1 Resolution Attachment 2 CalPERS "White Paper" Attachment 3 League of Cities Draft Position Statement Attachment 4 Minutes of Ca1PERS Benefits and Program Administration Committee item on Employer Rate Stabilization—First Reading GNagenda reportsTension Ref=03_21_0S.doc �� 2 � J I` ATTACHMENT 1 Page 1 of 2 RESOLUTION NO. (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING RESPONSIBLE PENSION REFORM AND EXPRESSING CONCERNS WITH ACA 5 AND OTHER SIMILAR INITIATIVES WHEREAS, the City of San Luis Obispo, along with other local agencies throughout the state of California, welcomes a comprehensive discussion about pension reform, focused on curbing the increased costs of providing public pensions in the context of the critical role that public pension benefits play in the recruitment and retention of a skilled public workforce; and WHEREAS,the defined benefit model used for public employee pensions has been in place for about sixty years in California, and has ensured that California residents receive high quality services from motivated,highly professional public employees;and WHEREAS, the City of San Luis Obispo recognizes that problems exist and must be addressed in the defined retirement benefit plans in California; such concerns are: a)Increased cost to the public employer and ultimately the taxpayer; 2) volatility of employer pension contributions;3) some excessive benefit formulas; and, 4) permitted abuses due to the lack of proper restraints in retirement law; and WHEREAS, solutions to problems in the defined benefit retirement plans require a wide variety of options and strategic approaches and one-size-fits-all solutions, which fail to take into account the complexity of the issues, such as ACA 5 and ACA lx, should be avoided; and WHEREAS, defined contribution plans as the only alternative raise the immediate costs of public pension plans and seriously erode the ability of public employers, such as the City of San Luis Obispo, to retain and recruit skilled public employees. NOW,THEREFORE,BE IT RESOLVED that the Council of the City of San Luis Obispo as follows: SECTION 1. Responsible Pension Reform. The Council hereby supports responsible pension reform, developed through collaborative input from Ca1PERS, the League of California Cities, and public employee unions, aimed at elimination of pension abuse and at employer rate stabilization. SECTION 2. Opposition to ACA 5 and ACA lx. The Council hereby specifically opposes Assembly Constitutional Amendment 5, Special Session Assembly Constitutional Amendment 1, as well as any and all measures proposed for the upcoming special election statewide ballot that would mandate the replacement of the current defined benefit retirement system with a private defined contribution system, whether for new or existing employees. Upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: GARESOLUTIONS AND ORDINANCES\PensionRefonnResolution03_2I_05.doc Resolution No. (2005 Series)) Page 2 The foregoing resolution was adopted this day of 2005. Mayor David F. Romero ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: Jona well, City Attorney ATTACHMENT-2- Page TTACHM ENT 2Page 1 of I j__. California Public Employees' Retirement System c�P 5 Research Brief Pension Debate: The Myths and Realities of Defined Benefit and Defined Contribution Plans January 2005 Moving from a Defined Benefit Plan to a Defined Contribution Plan Won't Help Current Budget Crisis The change to a defined contribution (DC) plan would not save the State and local government money for at least 10 years, and in fact, it will add a second pension system that will add start up costs to government budgets. In addition, the State would also have to pay more money to cover disability and death benefits for these employees, as well as Social Security, which State safety personnel and others don't currently receive. The Ca/PERS Defined Benefit Plan Works Very Well CalPERS has been a proven great investor for the taxpayers of California. Over the last 10 years ended June 30, 2004, CaIPERS returns averaged 9.7 percent even with two years of negative returns. It has generated positive investment returns 18 of the last 20 years, and costs less than a DC plan. Some 75 percent of income to fund pensions came from good investment earnings during the last 10 years. CalPERS investment earnings have made up the lions share of the fund over the last 22 years. According to its pension consultant Wilshire Associates, wealth created through investments has totaled $171.9 billion from 1982-2004. During the same period, employer and employee contributions totaled $29.7 billion and the System paid out$48.6 billion in retirement benefits. A report compiled by Cost Effectiveness Measurement Inc. found that CalPERS investment staff added $7 billion in excess returns over the five-year period ended December 31, 2003, while taking less risk than other public pension funds in the United States, Europe, Canada and Asia. Updated 2123105 ATTACHMENT 2 Page 2 of`( I _ Excessive Benefits in the Defined Benefit Plan Is a Myth Average pension is small. No one is getting rich on pensions. Some 25,000 CaIPERS members retire each year. The average age at retirement for the largest segment of workers is 60, with 19.5 years of service, and a benefit allowance of$1,673.82 a month. The average CHP employee retires at age 55, with 27.9 years of service, and receives an allowance of$3,811:27 a month. The majority of State cost increases are due to market downturn, not to increased benefits. Nearly 80 percent of increases in employer rates between 2002-04 are due to the two-year downturn in the economy. And as a percent of payroll, the State pays less per employee than it did 25 years ago for school employees, state miscellaneous employees, state industrial workers, state safety workers and state peace officer and firefighters.' Defined Contribution Plans Don't Cost Less, They Cost More Dollar for dollar, DC plans cost more. Administrative costs of DC plans are higher—often much higher—than a DB plan.Z The average cost of administering CaIPERS defined benefit plan from 1997 to 2003 was 0.18 percent. The annual cost of a DC plan can rise to as much as 2 percent of assets. The expense ratio for a stock mutual fund is 1.1 percent of assets. CaIPERS investment portfolio is low cost and less risky than other public pension funds. A Cost Effectiveness Measurement Inc., found that CaIPERS saved $144 million compared to its peers, paying less for consulting, custodial and active management services. Costs to run the pension fund's investment portfolio were $413.2 million in 2003, compared to a peer benchmark of$557.1 million. In a typical DB plan, 80 cents of each $1 is spent on members who retire; in a DC plan 50 cents of each $1 is spent on benefits with the other 50 cents spent prior to retirement. For retiring members to receive the same amount of benefits, contributions to the fund would need to increase substantially.3 There is no guarantee that tax dollars put into an employee account will be used for retirement. Research indicates that most employees who leave one job for another, cash out their accounts— including the monies contributed by the employer for the purpose of retirement— rather than roll them over to the next employer's retirement plan.4 If DC proceeds fall short of basic retirement income needed, the State will end up paying more in public assistance when employees are old, ill and infirm. A comparison of operation expenses favors DB plans. Employees pay big fees to mutual funds and other investment mangers on their investment dollars in 2 C� l - - ATTACHMENT 2 Page 3 of;,1 DC plans. On average, mutual funds charge $1.35 for"load" and/or administrative expenses for every $100 invested. For each of the last 6 years, CalPERS spent less than two tenths of one percent of the fund's value— 18 cents on every $100 invested.5 The State will bear start-up costs of a DC plan, bringing to two the number of plans it will need to budget for.The State's contributions to the CalPERS plan do not require direct payment of administrative costs to run the system. If the State were to set up a DC plan, it would have to pay for start-up costs. The DC plan does not cover costs of disability retirements and death benefits, which are embedded in the cost of the DB plan. The State would also have the added expense of starting to pay 6.7 percent of payroll for police, firefighters, and others in safety classes who don't get social security under the existing DB plan. The State throws away an opportunity to use future investment returns to cover retirement costs, relieving taxpayers from some of the burden of funding pensions. A DC plan does not give the State the ability to use investment returns to pay for a portion of pension costs. For example, investment returns and employee contributions generated enough income in the mid-1990s that the State did not pay any contributions during four years — Fiscal year 1998- 99 through Fiscal Year 2001-02 -- for 350,000 classified school workers. That represented a savings of over$4 billion alone. Over the last 10 years, 75 percent of the income to CaIPERS has been from investments, not employer or employee contributions. Over the last decade, members' contributions have actually exceeded the amount of employer contributions by $1.1 million. Replacing a Defined Benefit Plan with a Defined Contribution Model Tums Off The Future Spigot of Pension Dollars For Investments in the State Of California Under the existing CaIPERS defined benefit plan, more than $19.5 billion in pension dollars is set aside for California investments. Replacing CalPERS with a DC plan would mean that future contributions needed for a DC plan could not be re-deployed for California investments. It would tum a blind eye to the opportunity to redeploy capital to strengthen California business, promote job growth, and build communities and infrastructure. These investments—a part of CalPERS diversified portfolio of investments — help strengthen the State's economy and -tax base. Currently, CalPERS invests more than $10.7 billion in companies based in California —from blue chip corporations on the New York Stock Exchange to start-up firms in south central Los Angeles and the Silicon Valley. 3 Cs-g ATTACHMENT 2_ Page 4 ofi_i_ CaIPERS holds $2.4 billion in fixed income assets, including corporate bonds in California, that enable corporate expansion. And CaIPERS invests $6.4 billion in California real estate. These include investments in industrial office properties, office buildings, senior housing and retail establishments. CaIPERS is also one of the largest real estate developers, financing more than $2 billion worth of single family homes. CaIPERS pension dollars have financed the building of more than 43,000 homes and developed 33,000 lots for single family homes. This public pension capital has provided $13.8 billion in mortgages for nearly 100,000 California families. The private equity portion of the CaIPERS portfolio has invested in many start-up companies, including biotechnology which capitalizes on the advent and convergence of new technologies including genomes, bioinformatics and therapeutic agents. During the recession of the late 1980s, CaIPERS was among the only sources of construction capital in the State. After the terrorist attacks on September 11, 2001, CaIPERS helped stabilize the New York Stock Exchange by continuing to invest into the stock market in spite of the market uncertainty. Defined Contribution Plans Threaten Employee Retirement Security DC Plans Make Future Uncertain. Tax dollars set aside for employees' use to finance their pension under a DC plan may never be used as is intended. That is because under a DC plan, participants will face daunting risks investing on their own. Some may not be able to resist cashing out retirement assets prematurely. These are uncertain factors on which to base a worker's retirement income security. And research suggests that DC plan participants generally earn rates of return on investment far below what DB plan funds typically eam.6 Even if employees in a DC plan do manage to earn the same rate of return as a DB plan fund and resist the urge to cash out prematurely, at the end of a full career they will likely receive a smaller benefit than similar employees in the DB plan. For example, an employee in a DB plan (with a benefit formula of 2% at age 60 and employer and employee contributions of 10% of pay) hired at age 30 with a starting salary of$25,000 and 5% pay increases each year will have a retirement benefit with a present value of$732,100 upon retirement at age 60. In contrast, the retirement benefit for an employee in a DC plan hired at the same age with the same salary (assuming that the DB plan and DC plan both earn a rate of return of 8%) will have a present value of$497,529 upon retirement at age 60.' 4 CS' � ATTACHMENT 2 Page 5 of i l Employees could outlive their retirement assets in a DC plan. DC plans do not take into account the risk that the employee will outlive their retirement assets. If public servants didn't earn enough through their DC plan, the question will become who will help them when their retirement nest egg runs out? Will the State's safety net—currently stretched to its limits— be responsible? DC plans do not include inflation protection, disability benefits or death benefits. For retirees in a DC plan, an annual inflation rate of 2.5 percent from age 65 to 93 would cut purchasing power in half. Employees would be without either disability or death benefits in a DC plan. This is an inequitable arrangement when workers with the DB plan work along side of them. (Disability & death benefits are already factored into a DB plan.) When offered a DC plan, some employees don't even contribute and most contribute less than the maximum amount allowed. 26 percent of employees who are eligible for 401(k) plans do not participate. Non participation is concentrated in lower-income employees. Among all employees, less than 10 percent contribute the maximum allowable amount; which further restricts their ability to match DB payout amounts.8 Chances that the DC plan would not provide an adequate benefit are high. Research suggests employees do not invest well on their own to ensure an adequate benefit through their later years. An annual study conducted by Dalbar, a Boston fund consulting firm, found that the average stock fund investor had a 5 percent annual gain from 1984 to 2000; compared to a 16 percent annual average gain for the Standard & Poors (S&P) 500 stock index for that period.9 Over the last 10 years ending June 30, 2004 CaIPERS returns averaged 9.7 percent. A John Hancock Financial Services Retirement Survey of defined contribution participants published in May 2002 showed that"many have a cockeyed view of how investments work across the board. " John Hancock researchers said that most defined contribution participants will fall well shy of the estimated 75 percent of pre-retirement income needed to maintain the same lifestyle in retirement.70 One half of DC plan investors do not diversify, almost none rebalance portfolios periodically.'� Defined benefit plans outperform 401(k)'s in a down market. According to a 2004 analysis by Watson Wyatt Worldwide, defined benefit plan returns tend to do better than those of 401(k) plans during bad market years that follow periods of hot stock market returns. Watson Wyatt Worldwide analyzed 5 I ATTACBAMNT 2 Page 6 of tl 2000 and 2001 Form 5500 data for companies that sponsor both defined benefit and defined contribution plans. Previous studies by Watson Wyatt showed that from 1995 to 1998, defined benefit plan returns beat those of 401(k) plans. Once the market turned sharply downward in March 2000, defined benefit plan returns began to dominate again, with Watson Wyatt researchers theorizing that better downside protection came from the higher portfolio diversification of the professionally managed defined benefit plans.12 DeFned Contribution Pans Will Hamper Recruitment and Retention and Make State Attract.Less Capable, Not More Capable Work Force DB benefits help recruit for classifications when the State experiences a labor shortage. The State competes with the public sector for many specialized workers—especially safety employees. The State has and will continue to have challenges recruiting scientists, researchers, technology workers, nurses,. doctors, accountants and other specialized workers. (This occurred when the State had mandatory tier 2 programs in the early 1990s.) Human Resource specialists indicate that it is not the pay that attracts people to work for the State, but rather the retirement benefits. State workers have not kept pace in pay— most of whom went without annual pay raises for many of the last 13 years.13 DB plans promote longevity which gives good return on the investment in training specialized workers such as firefighters and safety personnel. In contrast, under a DC plan, employee turnover may higher, causing the State and local government to waste taxpayer dollars training a revolving door of workers. DC plans would encourage older, more expensive workers to continue working longer, rather than retire. The performance of the markets would have a significant influence on when people retire. When the economy is doing poorly and individuals' DC accounts are down, they may decide to work beyond a reasonable retirement date, creating less opportunity to replenish the workforce with younger workers.14 People who retire with a defined contribution plan end up retiring later than earlier. The expected retirement age of a DB plan is 63.9 nationwide; the expected retirement age of a DC plan participant is 65.1 years.15 Market timing would determine when people retire. Retirement trends, not age periods of market growth would spawn large numbers of employees retiring. Down markets would restrict the number of workers retiring. 6 C�' 1 ATTACHIVMNT 2 Page 7 of►f Contrary to Popular Belief, DC Plans Get Thumbs Down From Large Employers The decrease in DB plans has been limited nearly exclusively to small, not large employers. Companies that are electing to discontinue DB coverage have been small employers, not large employers, and they are doing so because of the expense of complying with complex federal regulations, most of which do not apply to the public sector.16 Large employers have generally kepttheir DB plans rather than convert to DC plans. • Most of the decrease in DB plans has occurred among small and medium size employers (employers with less than 1000 employees).17 • Eighty percent of professional service firms offer DB plans, with the average contribution rate from companies with over 1,000 employees sitting at$40 million in 2003.18 Due to their size, public employers are more comparable to large private-sector employers, most of which offer DB plans. In 2003, 68% of large private-sector employers offered DB plans compared to 45% of all private sector employers. 9 • Although DB plans are more prevalent in the public sector, it is likely that more private sector employers would adopt or continue DB plans were it not for the cost and administrative burden imposed by ERISA laws and regulations. Because public pension plans are exempt from most of ERISA, DB plans are even more advantageous for public employers than for private employers.20 • Large and medium private companies value DB plans as primary recruitment and retention tool (American Benefits Council). • Examples of large companies with DB plans: - Chevron - Unocal - Lockheed Martin - Boeing Albertson's Boise Cascade Louisiana Pacific Safeco Weyerhaeuser 7 CS' �� ATTACHMENT 2 Page 8 of a_ Only 17 percent of Fortune 100 companies have a DC plan as their primary benefit, according to Watson Wyatt. Most large employers continue to offer defined benefit plans as their primary retirement program and its use among large employers with 10,000 or more employees is increasing. The highly regarded Employee Benefits Research Institute (EBRI) found that since 1985, there was an actual increase in the number of large employers that offered a defined benefit plan as their primary retirement plan. This occurred during a period of many corporate mergers of large firms, who had a unique opportunity to select one or the other.Z' The majority of U.S. companies with 1,000 or more employees that offer a DB plan believe their plan directly impacts employee retention. According to a September 2004 study by Diversified Investment Advisors. Public Sector Experience with DC Conversions Has Not Been Highly Successful Since 1997, large numbers of public employers have been given an opportunity to participate in a DC plan as their primary retirement benefit. In Florida and Michigan, an overwhelming majority— more than 90 percent of those eligible to switch to a DC plan —elected to stay with the DB plan.zs The state of Nebraska recently converted back to a DB plan from a DC plan. A study showed that over 20 years, the typical worker posted an average annual return of 6 to 7 percent. (Money managers running the state's old-fashioned defined benefit plan ran 11 percent average returns.) Even though the state made much effort to help individuals invest wisely, half of all employees stayed in the default fund, even though they had 11 choices. Nebraska retirement system officials were concerned that the state was wasting taxpayer money via matching contributions to workers accounts.24 In Florida, where employees could leave the DB plan for the DC plan, most opted to stay in the DB plan. When the Illinois Municipal Retirement Fund looked into switching from a DB to DC plan, it found that is total cost—administrative and investment expenses— could rise from 0.44 percent of assets to as much as 2.25 percent of assets, a difference that approached $315 million a year.ss The Value of"Defined Contribution Portability" Is Not What It's Cracked Up To Be The conventional wisdom is wrong that workers today are more mobile and want more portability of their retirement benefits. • Workers are not necessarily more mobile. From 1983 to 2000, median job tenure increased or stayed the same for all workers in the U.S. with 8 I I ATTACHMENT 2_ Page 9 of �y the exception of workers in two sectors (manufacturing and transportation/public utilities).26 • Public-sector workers are even less mobile. From 1983 to 2000, the median tenure for government workers in the U.S. increased from 5.8 years to 7.2 years. In 2000, the median years of tenure for government workers (7.2 years was more than twice that for workers in the private sector (3.2 years). ' • DC plans are not necessarily the solution to deal with the issue of pension portability. A significant proportion of workers with DC plans "cash out" their accounts when they change employers rather than leave it in the account or roll it over to their new employer's plan. For example, a study conducted by the human resources consulting firm Hewitt Associates found that 57% of employees who leave their companies choose cash payments from their retirement savings plans instead of rolling over the balances to their new employer's plans or into individual accounts.za • DB plans have been adopting changes to make benefits more portable (e.g., shorter vesting periods and expanded reciprocity). • In cases where public employees have the option of participating in an alternative DC retirement plan, it appears that most opt for the DB plan. During the first two years of Florida's optional retirement program, only 3.4% of eligible employees opted for the DC alternative (8% of new hires).29 In Michigan, state employees hired prior to March 31, 1997 had the option to remain in a DB plan or switch to a DC plan that was mandatory for all new employees. Only 6% of eligible employees switched to the DC plan.so DC plan would hurt "portability" via reciprocity with public agencies within CaIPERS. One of the recruitment features of the CaIPERS DB plan is that there is reciprocity with other public agencies in the State; these employees would not have the same reciprocity benefit as others who work for the State. Employees taking money out of CaIPERS when they leave State service will drain the fund. The Sacramento Bee in a 1996 editorial pointed that"Every worker intending to leave public service short of vesting for a pension — political appointees, highly paid managers, and professionals who have private sector skills—would likely choose the new option, draining funds from the system. That would leave taxpayers with the same pension obligations but less money to fulfill them." Moving to a DC Plan Helps and Hurts the Wrong People Higher costs and fees are charged for DC plans. Wall Street money managers will make money on these assets even,if investors lose. Many people would 9 l ATTACHMENT 2 Page 10 of:0 I rather have investment managers within public service manage the assets rather than mutual funds whose goal is to make profits for itself. DC plans prevent participation in the full range of investments such as real estate and private equity investments. ' "Employer Contribution Rate History-CalPERS State and Schools Actuarial Valuation, June 30, 2003. 2"Myths and Misperceptions of Defined Benefit and Defined Contribution Plans."A NASRA White Paper. December 2003. 3 National Conference on Public.Employee Retirement Systems White Paper on Defined Benefit and Defined Contribution Plan, 1997 4"Myths and Misperceptions of Defined Benefit and Defined Contribution Plans."A NASRA White Paper. December 2003. 5 Cost Effectiveness Measurement, Inc. Benefit Administration Benchmarking Analysis. May 2003. 5 Ian McDonald,"Fundholder's Lament:All Bear, No Bull,"Wall Street Journal,April, 25, 2002. And"Benefit Review Study of the Nebraska Retirement Systems."August 2000. Buck Consultants. "The Search for Cheaper Benefits: Defined Benefit versus Defined Contribution,"Public Pension Professionals, article viewed at www.i)ensioncube.com/Stories/DBvDC1 1.htm Feb. 2004. 8 Munnell and Sunden, Coming Up Short, p.150 9 Ian McDonald, "Fundholder's Lament:All Bear, No Bull,"Wall Street Journal,April 25,2002. 10"Myths and Misperceptions of Defined Benefit and Defined Contribution Plans."A NASRA White Paper. December 2003. " Munnell and Sunden, Coming Up Short, p.11 12"Diversification is Key: Defined benefit plans outperform 401(k)s in a down market," Pension & Investments November 29, 2004. 13 Legislative Analyst Office 2000-01 Analysis. 14 Kosiba, Louis W., Illinois Municipal Retirement Fund General Counsel."The Defined Benefit vs. Defined Contribution Debate:The$250 Million Question."October 13, 1999. 15.Myths and Misperceptions of Defined Benefit and Defined Contribution Plans."A NASRA White Paper. December 2003. 15"How Has the Shift to 401 K's Affected Retirement Age?"by Alicia H. Munnell, et.A., Center for Retirement Research, Boston College. 10 CS , (-(�7 ATTACHMENT 2 Page 11 of 11 17 W. Michael Carter,Actuary. February 6, 1998. Letter to comment on"Pension Liberation:A Proactive Solution for the Nation's Public Pension Systems" (a report by the American Legislative Exchange Council). Published on the National Council on Teacher Retirement website www.nctr.org/contenVindexpg/carter.htm.And, Kosiba, Louis W., Illinois Municipal Retirement Fund General Counsel. "The Defined Benefit vs. Defined Contribution Debate:The$250 Million Question."October 13, 1999. 18 Results of a survey by Diversified Investment Advisors. "PLANSPONSOR.com" December 2, 2004 19 Hewitt Associates Newsletter,Jan. 6, 2004. 20"Myths and Misperceptions of Defined Benefit and Defined Contribution Plans." A NASRA White Paper. December 2003. 21 "Myths and Misperceptions of Defined Benefit and Defined Contribution Plans." A NASRA White Paper. December 2003. 22 Business Wine, September 7, 2004"Majority of U.S. Companies That Offer a Pension Plan Say It Impacts Employee Retention, New Survey Shows" 23"Pension fund slowly gaining popularity."Tallahassee Democrat, Jan. 12, 2004. And Cypen and Cypen Newsletter. December, 1998.www.cypen.com/pubs/1998dec.htm 24"Nebraska Sees Red Over its 401(k) Plans." K.C. Swanson. The Street.com. May 7, 2002. http://www.thestreet.com/fundstbelowradar/10021041.html 25 Louis W. Kosiba, "The Defined Benefit vs. Defined Contribution Debate:The$250 Million Question," Illinois Municipal Retirement Fund, October 13, 1999, as cited in Munnell and Sunden, Coming Up Short. 28"Employee Tenure in 2000." Bureau of Labor Statistics News Release,August 29,2000. http://stats.bis.gov/newsrels.htm, p. 11. 27"Employee Tenure in 2000." Bureau of Labor Statistics News Release,August 29, 2000. http://stats.bls.gov/newsrels.htm, p. 11. 28 From Business Insurance Sept. 22, 1999 cited in"Are Your Retirement Benefits Important to You?"Oklahoma Public Employees Association News,April 10, 2003. http://www.opea.org/News/OPEA/opea-20030410e.htm 29"Pension fund slowly gaining popularity."Tallahassee Democrat, Jan. 12, 2004. 30 Cypen and Cypen Newsletter. December 1998.www.cypen.com/pubs/1998dec.htm 11 CS ' ATTACHMENT 3 Page 1 of 8 PENSION REFORM IN CALIFORNIA League of California Cities March 1, 2005 For close to 60 years California state and local governments have offered "defined benefit" retirement plans to their employees which provide a guaranteed annual pension based upon retirement age, years of service, and some period of highest salary (typically the last one or three years of work). These plans generally provide an annual cost-of- living adjustment and additional inflation protection that maintains the purchasing power over time at a specified minimum level. The Public Employee's Retirement System (PERS), the State Teachers' Retirement System (STRS), and a variety of individual cities and counties administer these retirement plans. Over the years local and state government retirement costs have risen and fallen based on two principal factors: (1) the investment returns of the various systems; and (2) the level of benefit payments provided to employees. In the late 1990s the California legislature enacted dramatic benefit enhancements for public employees in the PERS system that were optional for participating local governments. Some local governments adopted these benefit enhancement plans—for a variety of reasons, typically to retain employees and at times at a shared cost with the employees. When the retirement systems suffered serious investment losses in the early part of this decade, these losses combined with the benefit enhancements to cause dramatic increases in employer contribution rates. Defined Contribution Mandate Proposed In the fall of 2004 a proposed constitutional and statutory initiative (File No. SA2005RF0007) was filed that would close all state and local public sector defined benefit plans (including locally administered plans) to new entrants effective July 1, 2007. Employees hired after that date could only enroll in defined contribution retirement plans. Defined contribution plans provide fixed annual employer contributions to employee accounts that are invested, along with employee contributions. Unlike defined benefit plans, the employee has no guaranteed pension benefit and employers never incur any unfunded liabilities. The initiative (which has a legislative counterpart by Assembly Member Richman) would establish maximum employer contributions of 9 percent for police officers and firefighters and 6 percent for other employees, assuming participation in federal Social Security (3 percent higher if no Social Security). Local agencies could exceed these limits with a two-thirds vote of their electorate. The state could do so with a three-fourths vote of both houses of the Legislature in two consecutive sessions. Mr. Richman has informed the League in a letter dated February 17 that he is willing to enter into negotiations to avoid the need for the initiative. In his 2005 State of the State message, Governor Schwarzenegger recommended a defined contribution pension mandate for new state and local employees. In a presentation to the League board of directors on February 25, 2005 Tom Campbell, �- f'1 ATTACHMENT 3 Page 2 of 8 Director of Finance, explained the Governor's proposal contains no caps on employer contribution and would not require lower state or local contributions. It would simply remove the risk of increased costs to the taxpayer due to future stock market declines by requiring that all new state and local employees be provided a defined contribution plan in place of the traditional defined benefit plan. Mr. Campbell indicated that in all other respects (e.g:, PERS administration, employer contributions, employer contributions, etc.) the plans would be identical. League Pension Reform Task Force In late 2004 the Executive Director asked the City Manager's Department's standing task force on PERS to undertake a study of the defined contribution proposal and potential other defined benefit reforms. A group of other appointed and elected officials were subsequently added to the task force to provide broader input, and since early December it has met regularly to study the problems with the existing defined benefit retirement systems and to evaluate the defined contribution proposal. The task force is chaired by Bob LaSala, Lancaster City Manager. The League also retained the services of a retirement actuary, John Bartel of Bartel Associates, LLC, who worked with the Task Force to ensure its recommendations for reform of the defined benefit system were actuarially sound. He assisted the Board in its discussions. His report to the Pension Reform Task Force, dated February 26, 2005 and entitled Replacement Ratio Study: Preliminary Results, is available from the League. Review and Comment on Discussion Draft Sought The task force report was reviewed by subcommittee of the Public Employee Relations Policy Committee on Wednesday, February 23, 2005 and forwarded to the League board of directors with a favorable recommendation. On Saturday, February 26, 2005 the board accepted the report, with modifications, and authorized staff to circulate the report as a discussion draft for review and comment. It is important to note the ideas contained in this report represent an initial assessment by the League on pension reform. It is offered for discussion and consideration in the pension reform debate. Comments are requested from League member cities, other local government associations, local government labor organizations, state legislators and the Administration. Comments should be sent to the League of California Cities, c/o Anthony Thomas, Legislative Representative, 1400 K St., Sacramento, CA 95814. athomas@cacities.org 2 ATTACHMENT 3 Page 3 of 8 A Framework for Public Pension Reforms March 1,2005 General Pension Reform Principles Any serious discussion of public pension reform must begin with a set of principles/goals to guide any following recommendations. Until questions about the appropriate role and purpose of public pension benefits in local government compensation packages are answered, it would be at least premature and perhaps self-defeating to make any specific benefit recommendations. In keeping with this philosophy, it is recommended that the following principles precede any benefit recommendations: • The primary goal of a public pension program should be to provide a full-career employee with pension benefits that maintain the employees' standard of living in retirement. • The proper level of public pension benefits should be set with the goal of providing a fair and adequate benefit for employees and fiscally sustainable contributions for employers and the taxpayers. • Public pension benefits should be supported with proper actuarial work to justify pension levels. .The Legislature should reject any and all attempts to establish pension benefits that bear no relation to proper actuarial assumptions and work. • Pension benefits should be viewed in the context of an overall compensation structure whose goal is the recruitment and retention of employees in public sector jobs. In recognition of competitive market forces, any change in the structure of retirement benefits must be evaluated in concert with other adjustments in compensation necessary to continue to attract and retain an experienced and qualified workforce. • The reciprocity of pension benefits within the public sector should be maintained to ensure recruitment and retention of skilled public employees - particularly in light of the retirement of the post World War II "Baby Boom" generation which will result in unprecedented demand for public sector employees. • Perceived abuses of the current defined benefit retirement programs need to be addressed. Benefit plans which result in retirement benefits which exceed the levels established as appropriate to maintain employees' standard of living should be reformed. It is in the interest of all public employees, employers and taxpayers that retirement programs are fair, economically sustainable and provide for adequate benefits for all career public employees, without providing excessive benefits for a select few. This report constitutes the recommendations of the League Pension Reform Task Force that was accepted by the League of California Cities Board of Directors for distribution as a discussion draft.. 3 C� t9 ATTACHMENT 3 Page 4 of 8 • The obligation to properly manage public pension systems is a fiduciary responsibility that is shared by PERS, employers and employees. This joint responsibility is necessary to provide quality services while ensuring long-term fiscal stability. These parties need to be held responsible to ensure a high level of protection against mismanagement of public resources that could jeopardize a community'sability to maintain services and provide fair compensation for its workforce. • Charter cites with independent pension systems should retain the constitutional discretion to manage and fund such pension plans. Reform Recommendations Public employee defined benefit programs have been appropriately criticized in a number of areas. The following reform recommendations address short-comings within some defined benefit retirement programs, while preserving the aspects of the program that have served the employees, employers and taxpayers of California well for over 60 years. Pension Benefit Levens Principles: Public pension benefit plans should: ➢ Allow career-employees to maintain standard of living post-retirement. ➢ Be designed with consideration of age at retirement, length of service, compensation level and applicability of Social Security. ➢ Be supported with proper actuarial work to justify pension levels. The Legislature should reject any and all attempts to establish pension benefits that bear no relation to proper actuarial assumptions and work. ➢ Promote career public service without creating incentives to work past retirement age, nor disincentive to early retirement. Employees who voluntarily choose to either work beyond retirement age or retire early should not.be penalized or rewarded. Recommendations • Maintain the defined benefit plan as the central pension plan for public employees in California. Rollback/repeal public retirement plans that provide benefits in excess of levels required to maintain a fair, standard of living that are not financially sustainable and may have no actuarial justification. The new and exclusive benefit formulas to achieve these goals should be: 2 This should be determined in accordance with a Cal PERS 2001 target replacement benefit study and/or the Aon Georgia State Replacement Ration Study(60s update since 1988). 4 C�� � ATTACHMENT 3 Page 5 of 8 I. Safety Employees: 3% @ 55 formula, offset by 50% of anticipated social security benefit for safety employees with social security coverage. Safety employees retain the current cap on retirement at 90% of final compensation. 2. Miscellaneous Employees(Non-safety): 2% @ 55 formula, offset by 50% of anticipated social security benefit for miscellaneous employees with social security coverage. A cap of 100% of final compensation is placed on newly- hired, miscellaneous(non-safety) employees. • The above formulas would incorporate "Three-Year-Average" for "final compensation" calculation. All "Highest Final Year" compensation calculations would be repealed for newly-hired employees. • Provide alternatives to a defined benefit plan for job classifications not intended for career public service employment. • Give employers greater flexibility to determine when a part-time employee is entitled to public pension benefits. The current hourly threshold in PERS is too low. Rate Volatility Principles ➢ Responsible fiscal planning suggests the need to "manage" volatility in defined benefit plan contribution rates. ➢ Rates have historically been relatively constant and comparable to rates currently paid by most public agency employers. ➢ Recent rate volatility is primarily due to large fluctuations in annual investment returns for the retirement plan investment portfolios, causing significant changes in plan funding status.. ➢ Normal Costs for defined benefit plans have remained relatively constant overtime. Recommendations • Public Agency retirement contribution rates, over time, should be constructed to stay within reasonable ranges around the historical "normal cost" of public pension plans in California. Sound actuarial methods should be adopted to limit contribution volatility while maintaining a sound funding policy. • Establish "reserve" funding for public pension systems that will help smooth the volatilityof pension benefit costs. Plan surpluses are to be retained within plan 5 Oc_`Jd ATTACHMENT 3 Page 6 of 8 assets, but should be reserved for amortization of future unfunded liabilities, and should not be used to offset plans' normal cost contribution rates. Shared Risk Principles ➢ Currently, in most local jurisdictions, employers shoulder the burden of rate volatility risk — both positive and negative. This principle should be carefully examined with the intent of better spreading the risk of rate volatility among both employers and employees. ➢ Negotiated labor agreements containing language whereby employers "pick-up" employees' retirement contributions are assumed to be part and parcel of a "total compensation" package; this implies that agencies with Employer Paid Member Contributions would also typically reflect correspondingly lower base salaries. Recommendations • When employer contribution rates exceed the "normal costs" threshold, employees should be expected to take some of the financial responsibility for those excessive increases. Disability Retirement Principles ➢ Retirement-eligible employees who are injured in the workplace should be entitled to full disability retirement benefits; disability retirement benefits should, however, be tied to individual's employability and be structured so as to encourage return to work, where applicable. ➢ Larger disability reform measures should be considered outside of the scope of general pension reform. Recommendations • Full tax-exempt disability retirement should be retained for employees who are injured and can not work in any capacity • Reform the disability pension provisions of public retirement systems to restrict benefits when a public employee can continue to work at the same or similar job after sustaining a work-related injury. ATTACEA=3 Page 7 of 8 • Employees eligible for disability retirement should be first afforded applicable service retirement benefits, and THEN provided disability retirement benefits up to applicable"cap" on total retirement benefits. Portability of Plan Benefits Principles ➢ Reciprocity of public agency retirement benefits is critical to recruitment of qualified, experienced public sector employees. ➢ Limiting portability of retirement plan benefits to non-public sector employment helps in the retention of senior and management level employees. Recommendation ■ Any pension reform package should retain transferability of retirement benefits across public sector employers. No employee currently in a defined benefit plan should be required to involuntarily give up a defined benefit formula before retirement. Tiered Plans Principles ➢ Agencies should strive to avoid multi-tiered compensation structures where there are large discrepancies in benefits accruing to employees. In addition to having adverse impacts on recruitment and employee morale, multi-tiered approaches can raise issues of comparable worth and equity. Recommendations • Any pension reform measures should seek to minimize disparity between current and prospective public agency employees. • Any reduction(s) or change(s) to current Defined Benefit plans should be considered in context of other compensation issues that will tend, over time, to "equate" compensation plans within and across public agency employers. Management Oversight Principles ➢ The obligation to properly manage public pension systems is a fiduciary responsibility that is shared by PERS, employers and employees. This joint responsibility is necessary to provide quality services while ensuring long-term fiscal stability. These parties need to be held responsible to ensure a high level of protection 7 cs-a3 ATTACHMENT 3 Page 8 of 8 against mismanagement of public resources that could jeopardize a community's ability to maintain services and provide fair compensation for its workforce. Recommendations o Public agencies that do not make the Annual Required Contribution under GASB 27 should be made subject to appropriate oversight. o The membership of the Public Employees and Retirement System Board should be changed to achieve both a better balance of employer and employee representatives as well as a better balance of public agency representatives. Conclusion Defined benefit retirement plans have been the traditional approach for close to 60 years in California and have produced fair and sustainable retirement benefits that have been central to recruiting and retaining quality public employees. Defined benefit plans should be retained as the central component of public pension systems in California. 8 C�� ATTACHM ENT 4 C Actuarial & Employer Services Division P.O. Box 942709 Sacramento, CA 94229-2709 Telecommunications Device for the Deaf-(916) 795-3240 (888) CaIPERS (225-7377) FAX (916) 795-3005 March 15, 2005 AGENDA ITEM 4 TO: MEMBERS OF THE BENEFITS AND PROGRAM ADMINISTRATION COMMITTEE 1. SUBJECT: Employer Rate Stabilization — First Reading II. PROGRAM: Actuarial & Employer Services Ill. RECOMMENDATION: That the Committee recommends to the full CalPERS Board the approval as a first reading of the following changes to help reduce volatility in employer contribution rates. These changes will become effective with the June 30, 2004 actuarial valuations which set employer contribution rates for fiscal 2005-06 for State and School plans and fiscal 2006-07 for public agency plans. (A)Change the Board's actuarial asset smoothing policy No. 95-05C (see Attachment (1) as follows: 1. In the calculation of the actuarial value of assets, spread market value asset gains and losses over 15 years as opposed to the current 3 years; and 2. Change the corridor limits for the actuarial value of assets from 90%- 110% of market value to 80%-120% of market value. (B)Change the Board's amortization policy No. ACT-96-05E (see Attachment 2) as follows:. 1. Calculate the annual contribution amount with regard to gains and losses as a rolling 30 year amortization of all remaining unamortized gains or losses as opposed to the current 10% of such gains and losses; and 2. Eliminate (13) (6) from the existing policy which is obsolete language regarding the amortization of the State plans' unfunded liability. (C)Adopt a new Board policy (see Attachment 3) imposing a minimum employer contribution rate: 1. Alternative 1 will superimpose a minimum employer contribution rate equal to half the employer normal cost; or 2. Alternative 2 will superimpose the same minimum but will exempt superfunded plans as defined in Government Code Section 20816(b) from this minimum contribution requirement. Also, staff would like direction from the Committee on the following: California Public Employees'Retirement System Lincoln Plaza-400 P Street-Sacramento,CA 95814 Il�! J , ATTACHM ENT 4 Members of the Benefits and Program Administration Committee March 15, 2005 • Whether to proceed with analysis of the possible implementation of pension contribution stabilization accounts. • If the answer is yes, whether the analysis should include accounts internal to CalPERS or internal to employer's assets (but as a trust to be used only for pension rate stabilization) and whether such accounts would be mandatory or optional to employers. • Direct staff, as the Committee deems appropriate, to conduct further analysis on the use of future surplus for purposes other than rate stabilization. IV. ANALYSIS: Background This item is the result of planning and work that began almost a year ago and includes the following: • Board workshop in September 2004 discussing employer rate stabilization • Employer workshop on the same topic at the 2004 Employer Forum in Anaheim at the end of October 2004 • Publication of an issue paper on the topic of rate'stabilization • Asset/Liability workshop in October 2004 • Completion of a survey by Board members and employers regarding how to address employer rate fluctuation • Presentation of the survey results to this Committee in October 2004 (Board survey) and February 2005 (employer survey) Based on the survey results completed by the Board members and the employers, CalPERS actuarial staff performed in depth!analysis of all the concepts described in the issue paper with the exception of the pension contribution stabilization accounts and utilizing of different asset allocations for different plans. Attachment 4 contains a list of all the methods that were studied by CalPERS actuarial staff. Objectives of the Study As was presented at the Board workshop on rate stabilization in September 2004, various methodologies used for smoothing of employer contribution rates will impact the funded status of the plans at CalPERS differently. Therefore, the investigation of which smoothing methods are appropriate must simultaneously investigate the impact on the employer's contribution rates and the impact on the funded status of the plans at.CalPERS. The objectives of the analysis are to seek the smoothing method that"best" simultaneously: o Minimizes the impact on the funded status of the plans o Minimizes the volatility in the employer's contribution o Minimizes the average future employer contribution. Page 2 ATTACHMENT 4 Members of the Benefits and Program Administration Committee March 15, 2005 An additional objective is to find a method that accomplishes the three objectives above and produces employer rates that comply with the generally accepted accounting standards as provided by Governmental Accounting Standards Board Statement No.27 (GASB 27). Methodology Used in the Study Over the last two months, CaIPERS actuarial staff performed analysis using stochastic projection models for each of the methods listed in Attachment 4. These stochastic projection models randomly generated 50 years of future investment returns based on the CaIPERS asset allocation and calculated the actuarial valuation results over this 50 year period, including the funded status of the plan and the required employer contribution rates based on the generated investment return. In total, 1,500 unique 50 year scenarios were projected. Since the fluctuation in employer contribution rates is directly related to the ratio of the actuarial accrued liabilities to the payroll,.CaIPERS actuarial staff performed modeling of each rate stabilization method for plans with liability to payroll ratios of 4, 6, 8, 10 and 12. These ratios represent the majority of plans at CaIPERS. Note that the State Miscellaneous plan has a liability to payroll ratio of about 6 and the Schools pool has a liability to payroll ratio of about 4. Attachment 5 contains tables showing the liability to payroll ratio for the State plans, the Schools pool, the public agency risk pools and all non-pooled public agency plans. In order to evaluate each method, the analysis focused on the balance between "smooth" rates, average employer rate, and the preservation/advancement of funded status. Any method that resulted in fund insolvency at any time over the 50 year period in any of the 1500 generated scenarios was excluded. Also excluded were any methods that did not reduce the volatility of the annual change in employer rates by at least 50% from the current method. Results of the Study After the elimination of methods that did not preserve funded status or did not reduce employer rate volatility by at least 50% of that produced by the current method, the following 4 methods remained: • Method #13— Eliminate entirely the corridor around market value in determining the actuarial value of assets (AVA) corridor and spread asset gains and losses over 10 years • Method #19 - 5 year direct rate smoothing • Method #20 - 10 year direct rate smoothing Page 3 C S' ATTACHMENT 4 Members of the Benefits and Program Administration Committee March 15, 2005 • Method #27— Increase the AVA corridor to 80%-120% of market value, spread asset gains and losses over 15 years and amortize any unamortized gains and losses using a rolling 30 year amortization. Impact on Funded Status: The first objective looked at the impact of.each method on the preservation/advancement of funded status. The graph below shows the impact of each method on the probability of each particular funded status for plan with a liability to payroll ratio of 6. The graphs with dotted lines are methods that produce employer rates that are not GASB 27 compliant. Impact of Rate Stabilization on Funded Status IMPACT OF RATE STABILRATION METHODS ON FUNDED STATUS PLAN WITH LIABILITY TO PAYROLL RATIO OF 6 100% — Probability of Funded 90% Status Riolnp ARM a Probability of Funded.San"Failing BEL=s Certain Love. f:wrtala l.e"of (Owr a SO yam Period)- (Over a 50 Year Period) - 80% 70% qD 80% g 50% lo g 40% 30% ,b 20% 104E '� O% 300% 200Y. 140% 100% 90% 80% 70% 50%. 50% 40% 30% 20% 10% 0% Funded Status —Mathod 1-Curterd Methods —al—Method 27-Increase AVA corridor to 8094120%with 15 year smoothing and 30 Year Rating Fresh Start(52%reduction in valadfiW o- Mamod 19-5 Year Direct Smoothing(52%reduction In volatility) — Mathod 13-No AVA corridor with 10 year smoothing(87%reduction In volatility) - Method 20-10 Year OIMM Smoothing(87%reduction In volatility) Attachment 6 contains the same graph for each of the plans being studied. It is the opinion of the actuarial staff that none of the four methods selected as finalists would increase the likelihood of under-funding to a point that should raise Board member concerns about fiduciary responsibilities. The Remaining Objectives: Each of the remaining objectives are discussed below and summarized in the table below. Employer Rate Volatility: Each of the four methods selected as finalists was evaluated as to how"smooth" the employer contribution rates would be under that method. The volatility of employer rates under each method was measured as the standard deviation of the annual change in rates over the 50 year study period for each of the 1,500 scenarios on either side of the average. Page 4 C AT7ACHMENT4 Members of the Benefits and Program Administration Committee March 15, 2005 Change in Average Employer Contribution: Because the statistical distribution of employer rates is not symmetrical (i.e. there is a lower limit of zero but no upper limit), increased smoothing of employer contribution rates tends to increase the average employer contribution rates. Compliance with GASB Statement #27: Two of the four methods selected as finalists would produce employer rates that are not in compliance GASB 27. In such cases, the employer would have to track and "book" the difference between a GASB compliant rate and the actual rate paid to CalPERS in order to satisfy GASB Statement #27 requirements. The table below summarizes the impact on employer rates for each of the four final methods for plans with a liability to payroll ratio of 6. The same table for each of the plans being studied can be found in Attachment 7. As can be seen in those tables, the relative impact of each method remains the same for plans with different liability to payroll ratios. With regard to the "standard deviation" column, two-thirds of all outcomes fall within one standard deviation on either side of the average of all results and ninety-five percent of all results fall within two standard deviations. The "reduction in volatility column" shows the percentage reduction in the standard deviation as compared to that of the current method. The "impact on average employer contribution rate" column shows the increase in average employer rate produced by the additional smoothing over the 50 year period as compared to the current method. The GASB 27 column is self explanatory. Impact of Rate Stabilization on Employer Rates Impact on Standard Average Produce Deviation of Reduction Employer Rates that Annual Change in Contribution Comply With Method in Rate Volatility Rate GASB 27 Current Methods 3.3% N/A N/A Yes Eliminate the AVA Corridor 67% Increase by with 10 Year spread of Asset 1.1% Reduction 0.5% Yes G&L 5 Year Direct Rate 1.6% 52% Increase by No Smoothing Reduction 0.8% 10 Year Direct Rate 1.1% 67% Increase by No Smoothing Reduction 1.6% Increase AVA Corridor to 80%-120% with 15 Year spread of Asset G&L with 1.6% 52% Increase by Yes Rolling 30 Year Amortization Reduction 0.2% Page 5 C �^ 39 - ATTACHMENT 4 Members of the Benefits and Program Administration Committee March 15, 2005 Recommended Rate Stabilization Method In deciding on the final recommendation, CalPERS actuarial staff considered all of the results presented above and the results of the employer survey which indicated a preference for a method that would be in compliance with GASB 27, and utilized longer amortization periods and increased asset smoothing. Advantages of the recommended method include: • it is GASB 27 compliant • it utilizes an actuarial asset value (80% to 120% of market value) that is the maximum corridor allowed under ERISA minimum funding standards. While these standards do not apply to public employee plans, it does provide additional comfort in utilizing a common approach. • It produces a very low increase in the average employer contribution rate. There is one negative aspect to having an asset corridor around market value. When there are extended upturns or downturns in market value, the actuarial value of assets tend to "hug"the corridor (i.e. tends to stay at 80% or 120% of market value for some period of time). This translates into employer rates with greater volatility because actuarial assets become as volatile as the market value of assets. Minimum Employer Contribution Rate Staff also recommends that the Board adopt a mandatory minimum contribution rate for all employers equal to half the employer normal cost. Not having the employer contribution rate decrease to zero will produce more stable employer budgets. It becomes easier to accept a rate that is increasing from 5% to 8% than it is to accept a rate increasing from 0% to 8% of payroll. The Board should choose whether to apply this minimum employer contribution to plans which are superfunded, i.e. plans that have assets that exceed the present value of benefits as defined in Government Code Section 20816 (b). The new Board policy in Attachment 3 provides two alternatives to the.Board. Impact of Minimum Employer Contribution on Funded Status: The graph below shows how the impact on funded status of the recommended smoothing method with and without the use of a minimum employer contribution rate of one- half of the employer normal cost. The probability of under-funding is slightly reduced and the probability of over funding is slightly increased when the minimum employer contribution is included in the methodology. The dashed curve is the recommended method coupled with the recommended minimum employer contribution. Page 6 ATTACHMENT 4 Members of the Benefits and Program Administration Committee March 15, 2005 Impact of a Minimum Rate on Funded Status IMPACT OF RATE STABILIZATION METHODS ON FUNDED STATUS PLAN WITH LIABILITY TO PAYROLL RATIO OF 6 100X ...__ _..___._.........._.............................................................................................................................._.................. .._.__.._�_. 00% Probability o/Funded Probability of Funded Status Fainno REUM a Certain Level Cwtdn LovM Status Risingval a (Ova,a 80 your Perlot)""... - (Ovii a W Yse Parleen ♦. 80% ♦ ♦ 70% Wotnoa e27 a4tn Method 027 with No Mint e run - 60% MInmum of N05 the Normal Coat ♦ 50% 40% f 30% 20% 10% 0% .._ 300% 200% 140% 100% 00% 80% 70% 80% 50% 40% 30% '20% 10% 0% Fumed Status Impact of Minimum Employer Contribution on Rate Volatility and Average Employer Contribution: As seen by comparing the table below to the table on page 5, including a minimum employer contribution of one-half of the employer's normal cost slightly reduces rate volatility but increases the average employer rate. Standard Impact on Deviation of Reduction Average Produce Annual in Employer Rates that Change in Volatility Contribution Comply With Method Rate Rate GASB 27 Current Methods 3.3% N/A _ N/A Yes Eliminate the AVA Corridor with 10 70% Increase by Year spread of Asset G&L & a 1.0% Reduction 1.3% Yes minimum contribution 5 Year Direct Rate Smoothing &a 1.4% 58% Increase by No minimum contribution Reduction 1.6% 10 Year Direct Rate Smoothing & a 1.0% 70% Increase by No minimum contribution Reduction 2.3% Increase AVA Corridor to 80%-120% with 15 Year spread of Asset G&L with Rolling 30 Year Amortization & 1.4% 58% Increase by Yes a minimum contribution Reduction 1.0%0 Page 7 CS " ATTACHMENT 4 Members of the Benefits and Program Administration Committee March 15, 2005 Estimated Impact of Recommended Method on Prior Years Board members requested that staff determine the impact of the methods studied on a past full economic cycle. Calculations were performed as though the recommended method had been initiated 10 years ago for the State plans and the Schools pool. The graph below compares the actual State Miscellaneous combined Tier 1 and Tier 2 employer contribution rates over the past 10 years to an estimate of the employer contribution rates that would have been produced had the recommended method been implemented 10 years ago. ACTUAL EMPLOYER CONTRIBUTION RATES VS ESTIMATED RATES UNDER RECOMMENDED RATE STABILIZATION METHOD State Miscellaneous(Average of Tler't and Tler 2) 30%- 26%- 20%- 10% 0%25%20% 15% 5% tgctual Employer Rate - a- Employer Normal Cost —A—Estimated Smoothed Employer Rate Below is the same graph for the Schools pool over the past 10 years. ACTUAL EMPLOYER CONTRIBUTION RATES VS ESTIMATED RATES UNDER RECOMMENDED RATE STABILIZATION METHOD Schools 30% 25% 20% Is% - .. , 70% 5% i Ao al Employer Rate - - - Employer Noma]Coat --lbr—Eadmated Smoothed Employer Rate Page C�' � a - ATTACHMENT 41 Members of the Benefits and Program Administration Committee March 15, 2005 The estimates of the impact.of the recommended method do include the impact of SB 400, the actual market value of asset returns over the past 10 years, and the change in actuarial assumptions in the June 30, 2003 valuation. However, the estimates do not include the impact of the Board's decision to move the actuarial value of assets from 90% of market value to 95% of market value in advance of S6400. As a result, the estimates of the rates under the recommended method;, use an actuarial value of assets at their regular smoothed value (80% of market; value) in the June 30, 1998 under the recommended method. i Attachment 8 contains graphs comparing the actual contribution rates to the estimated contribution rates under the recommended method for the last 10 years for the State plans (except CHP because of its unique surplus asset account) and the Schools pool. Overview of Potential Pension Contribution Stabilization Accounts This potential alternative contemplates the creation of a separate source of funds for contributions and offsets by employers for purposes of stabilizing employer payments to the retirement fund. It would not; however, affect the employer contribution rate. Instead, it would provide for an additional means of funding the required contributions. In general, where the employer realizes revenues in excess of specified projections, the employer provides a contribution to the stabilization account over and above its otherwise required contribution amount to the retirement fund. Where the employer realizes revenues less than specified projections, amounts! from the stabilization account would be contributed to the employer's retirement fund as a partial or full offset to the employer's otherwise required contribution. Specific amounts of contribution or offset from the stabilization account could also be based on the amount of required contribution to the retirement-fund for a particular period in comparison to the employer's normal cost component for retirement contribution. The purpose of the stabilization account is to reduce or eliminate large fluctuations in the amount an employer is required to contribute to the retirement' fund as well as to act as a source of funding when employer revenues are impaired based on economic or other conditions. The stabilization account is further designed to provide integrity and security for the source of funding for the payment of retirement benefits and is intended to maintain an actuarially sound retirement system. Pension contribution stabilization accounts were highly ranked by both employers and Board members. However, the implementation of such concept is more complex than the other concepts being considered. i Page 9 ATTACHMENT 4 Members of the Benefits and Program Administration Committee March 15, 2005 There has been no modeling to suggest that pension contribution stabilization accounts would "work". It remains to do analysis to determine whether there would be enough "good" years to build assets in the stabilization account that would prove sufficient to provide the offsets necessary in the "bad" years. Therefore, if the Committee would like to consider this possibility, staff recommends that further analysis be completed before the Committee and the full Board decide whether to implement pension contribution stabilization accounts. Further, decisions must be made on which form these accounts will take. There are several options on how to implement pension contribution stabilization accounts. The creation of such an account would require legislation or an amendment to the California Constitution and could be set up in a few different ways: a) Stabilization Account as Part of the Public Employees' Retirement Fund Under this approach, the stabilization account would be part of the assets of the retirement fund and subject to the exclusive control and administration by the board. The board would maintain plenary authority and fiduciary responsibility for investing monies within the stabilization account as well as the administration of the account pursuant to Article XVI, section 17 of the California Constitution. Amounts within the stabilization account could be designated solely for use in offsetting future employer contribution amounts to the retirement fund and for no other purposes. Once a contribution to the stabilization account is deposited within the Public Employees' Retirement Fund, it is unlikely that these amounts could be redirected for other, non-retirement purposes. The employer would fund the account when economic triggers are met and amounts would be withdrawn from the account to offset employer contributions where other less favorable economic conditions are met. The economic triggers are potentially subject to legislative revision or amendment. b) Stabilization Account Outside of the Public Employees' Retirement Fund Employer contributions to the stabilization account could alternately be made to a tax-exempt trust (e.g., a Section 115 trust) separate and apart from the Public Employees' Retirement Fund. This account could be administered by the employer or some other third party separate from the board. This approach, however, places amounts within the account outside the plenary authority of the board and creates the possibility that the account could be used for other, non- retirement purposes if the Legislature subsequently amended the law governing the fund. To reduce this risk, legislation creating the account should specify that the intent in creating the account is to maintain the actuarial soundness of the retirement system and that it is intended to be a reserve solely for the payment of vested retirement benefits. Additional legislative intent language could be added o�- Page 10 ATTACHMENT 4 Members of the Benefits and Program Administration Committee March 15, 2005 that specifically ties the account to the providing of retirement benefits pursuant to employee collective bargaining at the state or local level. c) Stabilization Account Administered by a Separate State Agency Similar to provision "b" above, employer contributions could be made to a tax- exempt trust administered by a newly created or otherwise existing agency of the State of California. Existing state agencies could include, for example, the Department of Finance or Department of Personal Administration. Similar risks set forth in provision "b" above exist with respect to this type of arrangement. To reduce to the possibility that funds in the account could be redirected for non retirement purposes, legislation creating the account should specify that the account is to maintain actuarial soundness of the retirement system and is intended to be a reserve solely to provide for payments of vested retirement benefits. d) Stabilization Account Created by Constitutional Amendment Under this approach, a stabilization account could be created by amending the California Constitution. The amendment could specify the underlying purpose and intent of the stabilization account itself. Responsibility for administration of the account could be placed with the CaIPERS board, a separate state agency, or an independent third party. As a constitutional provision, there is little risk that funds within the account would be used for non-retirement funding purposes. Provisions creating the account could also specify the economic trigger points for contributions and offsets from the account or authorize further legislation setting forth these parameters. Overarching all of these alternatives is the question of whether the stabilization accounts would be voluntary employer by employer or mandatory on all employers. At this point, staff is seeking direction from this Committee on whether staff should proceed with analysis of any of these potential accounts and bring it.back to this Committee and the Board. Addressing the Potential of a Plan Becoming Over Funded As shown on the graphs in Attachment 6, further smoothing of the impact of investment return on employer rates increases the likelihood of plans again accumulating large surpluses. The Committee may wish to direct staff to conduct further analysis on this subject. _ Page 11 ATTACHMENT 4 Members of the Benefits and Program Administration Committee March 15, 2005 V. STRATEGIC PLAN: The Board workshop on employer rate stabilization and the additional work that will be performed by CalPERS actuarial staff support Goal IV of the CalPERS' Strategic Plan. The Plan reads as follows: Goal IV Assure that sufficient funds are available, first, to pay benefits, and second, to minimize and stabilize employer contributions. David Lamoureux, Senior Pension Actuary Actuarial & Employer Services Division Ron Seeling, Chief Actuary Actuarial & Employer Services Division Attachments CS - �U Page 12