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Stockton bankruptcy case could test security of public pensions
Sacramento Bee ^ | 9/8/12 | Dale Kasler

Posted on 09/08/2012 10:05:17 AM PDT by SmithL

Going to work for the government has always come with an ironclad promise: Your pension benefits will be there when you retire.

It's a level of security not found in the private sector, and it's a big reason that government jobs are so prized in Sacramento.

Now, however, the city of Stockton's bankruptcy case and the financial problems of other cities are testing whether that promise can be broken.

Legal battles over this question loom even though the Legislature just approved an overhaul of public retirement plans throughout California. Lawmakers trimmed billions in pension benefits, but mainly at the expense of future workers rather than those already on the payroll.

The debate is about to reach a whole new level.

In Stockton, two bond-insurance companies, in danger of losing millions of dollars in the bankruptcy filing, have launched an assault against the city's pension system. They're demanding that city tax dollars earmarked for CalPERS, the state's massive public pension system, go to them instead – even if it means scaling back retirement benefits for current employees and those who already have retired.

In San Jose and San Diego, voters have taken matters into their own hands, passing ballot initiatives curtailing pension benefits for current and future municipal employees. Unions are suing to overturn the initiatives.

If benefits for current workers and retirees get reduced, it would shatter decades of conventional wisdom, backed by the courts, about the sanctity of public pensions.

(Excerpt) Read more at sacbee.com ...


TOPICS: Extended News; Government; US: California
KEYWORDS: bankruptcy; goldenstate; publicpensions; stockton

1 posted on 09/08/2012 10:05:21 AM PDT by SmithL
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To: SmithL

Regardless of where the courts come down..... if the money ain’t there, the money ain’t there.

The only questions is what goes in the crapper first, if the pensions are inviolate.


2 posted on 09/08/2012 10:11:10 AM PDT by umgud (No Rats, No Rino's)
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To: SmithL

He who knows he has enough is rich.

Greedy union bastards.


3 posted on 09/08/2012 10:12:38 AM PDT by upchuck ("Definition of 'racist:' someone that is winning an argument with a liberal." ~ Peter Brimelow)
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To: SmithL

This should be interesting. In corporation law - Delaware is the place of choice. They have encouraged formation of corporations there and the law has been so intensively litigated and clearly defined that businesses from all over incorporate there to take advantage of the certainty as to the meaning of its corporate law. Likewise, I think CA is going to be where all the new law regarding Chapter 9 is coming from. There have been few Chapter 9’s in history, so there is not that much precedent developed. But CA will change that, with a number of municipalities in, or on their way to Chapter 9. Good job CA!


4 posted on 09/08/2012 10:17:33 AM PDT by Wally_Kalbacken
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To: SmithL

It would seem that the people of California forgot the lessons of history: when Lenin made promises to the proletariat, he invariably revoked them on his own whim.

Stalin was even worse.

Leftists make bad bedfellows.


5 posted on 09/08/2012 10:32:18 AM PDT by Jack Hammer
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To: umgud

Jim Manzi has made that case that millions of people are relying on promises that cannot possibly be kept, either Social Security, Medicare, Government pensions, certain private pensions.


6 posted on 09/08/2012 10:45:44 AM PDT by Lonesome in Massachussets (The Democratic Party strongly supports full civil rights for necro-Americans!)
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To: Jack Hammer

Suppose the bond insurors lose. Wouldn’t that mean that in the future they’ll either (1) refuse to insure the bonds OR (2) just raise the rates incredibly.


7 posted on 09/08/2012 10:46:09 AM PDT by SweetWilliamsMom
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To: Lonesome in Massachussets
I hope the test is swift. The only long term hope States, Counties and Cities have is that the few elected officials at that time promising benefits out the wazoo to the public employee unions in return for votes did not act in good faith to their constituents. Not being a lawyer I do not know what this means.
8 posted on 09/08/2012 11:10:13 AM PDT by reefdiver (zer0 One and Done)
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To: reefdiver
When the only "constituents" these officials listened to were the ones who were garnering the votes to get them elected (i.e. SEIU or whatever union members), it is not surprising that they were "negotiating" some nice, fat salaries.

The only way to stop this is to have contract negotiations with all "government employees", be they city, state, county, or whatever, done in a PUBLIC forum, with the citizens of those respective entities given full and complete disclosure of the terms of whatever "contracts" are being negotiated.

Those citizens ARE the employers of those "gubmint workers"; therefore, they have every right to know how much money will be taken out of their pockets to pay the wages and benefits of those workers!

9 posted on 09/08/2012 11:49:27 AM PDT by milagro (There is no peace in appeasement.)
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To: Lonesome in Massachussets

bump


10 posted on 09/08/2012 11:51:59 AM PDT by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: SmithL

A lot of cities are in deep trouble over pension costs. They need to reform pensions for current and future employees, but their pension obligation to current retirees is ironclad.


11 posted on 09/08/2012 12:05:04 PM PDT by Poundstone (A recent Federal retiree and proud of it!)
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To: Poundstone
A lot of cities are in deep trouble over pension costs. They need to reform pensions for current and future employees, but their pension obligation to current retirees is ironclad.

You wanna bet? Those pension obligations are acts of the state legislature. They most certainly can and will be cut.

12 posted on 09/08/2012 12:30:36 PM PDT by Ken H
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To: Ken H

You wanna bet? Those pension obligations are acts of the state legislature. They most certainly can and will be cut.

HEH HEH yeah, i wanna bet....pssst winky, in the states there are powers called Courts of Law. Hell in my state the legislature won’t even take the case of currently retired workers to court....because they know whats comin....it’s a concept in American Jurisprudence known as....are ya ready?...Contract Law...I bet eventually there’s enough pressure for them to try.....but we shall see what we shall see.


13 posted on 09/08/2012 12:50:52 PM PDT by jimsin (u)
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To: Ken H
Whether the insurance companies travail or not, the gravy train just got derailed. How? Well for one those same insurance companies will not really do their due diligence and review their outstanding exposure for past insured bonds. IF they feel that the cash flows will not pay for the bonds, look for the bond insurers to downgrade existing bonds.

Now the big one hits. Any future bonds will be put under a microscope and many will fail. That will stop the capital expansion projects say like the California bullet train in the desert. No insurance company will underwrite that mess.

The pensions and life time health care will come under stress and they will have to be reformed. See to increase taxes you need a two third majority of the voters to pass one. No one will vote for an increase like the one Jerry Brown is asking us to do. Sorry Jerry really cut spending and locate all the hidden bank accounts that the state has. Use those monies first before coming to me.

Glad I have a front row seat here to see it collapse.

Oh by the way, the City of Poway floated a
$100,000,000 bond to continue a capitalization program, see schools. Now someone has looked at it. Seems like we get $100,000,000 and make no interest of principle payments for 20 years. It will cost the taxpayers $1,000,000,000 to repay the $100,000,000. Those schools will be destroyed before we pay for them.
Think Poway can go borrow money now?

14 posted on 09/08/2012 12:57:53 PM PDT by Kozy (Calling Al Gore)
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To: jimsin

If the legislature votes to cut salaries and benefits of public sector workers, they’re screwed. It is foolish to think otherwise, IMO.


15 posted on 09/08/2012 1:05:25 PM PDT by Ken H
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To: Ken H
Here's the problem, California won't be able to sell short term notes or if they do it will be at a high rate.
Secondly when there is no money in the check book, you will have to make some hard decisions. They won't be pretty then sausage making isn't either.

Since Jerry closed parks in California last time around, citizens raised money to keep some of them open. Guess what? They found over $50,000,000 hidden in park and recreation bank accounts. Jerry you lied to us. We not lying to you. Redo the pensions and salaries because they don't work today.

16 posted on 09/08/2012 1:22:52 PM PDT by Kozy (Calling Al Gore)
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To: SmithL
State Budget Solutions' third annual State Debt Report shows total state debt over $4 trillion, which means that just the state debt and unfunded liabilities is 27% of our GDP.

Add that to the federal debt and unfunded liabilities ($4.2+ trillion in state and $16 trillion fed debt plus $110+ trillion liabilities), it puts the US government debt at 870% of GDP! That doesn't include consumer debt.

67% of state debt tied to pension liabilities, budget reform group says

"Market-valued unfunded public pension liabilities made up 67% of all state debt, according to a report Tuesday by State Budget Solutions, a non-profit organization advocating state budget reform. The group's third annual state debt report, which looked at combined debt and future spending obligations in all 50 states as of Dec. 31, found that $2.8 trillion of the $4.19 trillion total debt total goes toward pension liabilities.

Also see:

State Budget Solutions State Debt Profiles 2012 (spreadsheet)

17 posted on 09/08/2012 3:02:02 PM PDT by uncommonsense (Conservatives believe what they see; Liberals see what they believe.)
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To: SmithL
They're demanding that city tax dollars earmarked for CalPERS, the state's massive public pension system, go to them instead – even if it means scaling back retirement benefits for current employees and those who already have retired.

It's about time. It would be really funny to learn that CalPERS has retirement funds invested in these two bond insurance companies.

18 posted on 09/08/2012 4:39:41 PM PDT by Uncle Chip
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