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Comments on the Kentucky Pension Task Force Recommendations

                                            By Ross Eisenbrey

                                 Vice President, Economic Policy Institute



The Pew Center on the States and the Laura and John Arnold Foundation presented testimony to the
Kentucky Pension Task Force last Fall on how to reform the public employee retirement system for
Kentucky state and county employees. They set three goals for state policy makers and gave
recommendations on how to achieve them. The three goals were:

    1. Create a credible plan to reduce the funding gap
    2. Make sure the plan is sustainable and doesn’t put taxpayers at risk of future funding challenges
    3. Ensure that the compensation offered helps recruit and retain talented public sector workers

Unfortunately, although Pew and Arnold took a swing at all three goals, they missed them all. Let’s look
at each one.

Reduce the Funding Gap

The foundations miss the first goal completely. Kentucky’s enormous pension funding gap is not the
result of overly generous benefits (pension benefits are about average for public employees nationally and
when combined with low salaries leave Kentucky’s public servants undercompensated by nine percent
compared to the private sector), or even because of poor investment performance. Rather, it is the result
of the state’s repeated failure to meet its obligation to pay each year’s actuarially required contribution
(ARC). If the state’s actuary tells the legislature it needs to contribute hundreds of millions of dollars to
the pension plans and the legislature responds by contributing substantially less, that failure creates a
funding gap. When the state does as Kentucky did and fails to make the ARC in 14 years out of the last
21, the result is a large unfunded liability -- $12 billion in Kentucky’s case, as determined by Pew.

What have Pew and Arnold recommended to prevent this from happening again? Nothing. Merely
suggesting an acceleration of payments to make up the years of lost revenue is meaningless. The same
government that took the easy way in the past, failing to make the ARC two years out of every three, can
be expected to do so again in the future if nothing changes to compel different behavior. This is
especially true because the amounts required to meet the ARC and make up for past omissions will be
even greater than the contributions that were skipped in the past.

Other states have removed any discretion with respect to the ARC, either through state constitutional
amendment or statutory proscription. It is a shame that Pew and Arnold make no recommendation and
leave the problem entirely unaddressed. Strike one!
Create a Sustainable Plan

They miss on sustainability, too. According to an actuarial analysis by the Chief Actuary of Bolton
Partners, the cash balance plan the Foundations propose will cost substantially more than the current
system. This could be a good result if appropriate revenues were identified to pay for the additional
benefits, but it appears that Pew has simply underestimated the cost. The Bolton analysis finds that the
cash balance plan’s benefit is equivalent to an interest credit of 9%, not 8%, as Pew has calculated it.

It will take further review to determine whether Bolton Partners or the two foundations are right, but
Bolton points to the case of Downes v. Wisconsin Energy Corporation, litigation which settled in 2012,
involving a plan design with the same interest crediting formula, where the plan incorrectly determined
the cost of the cash balance plan and the employer wound up paying $45 million in damages.

In any event, and regardless of which actuarial analysis is correct, Pew admits that its proposed plan is no
less costly than the current system, undermining the claim that the new plan is more sustainable. Another
swing and a miss: strike two.


Recruitment and Retention

The third goal is to help recruit and retain a talented public sector workforce, but because the proposed
cash balance plan is designed to shift risk from the employer to employees, it will make public service
less attractive and recruitment more difficult. Moreover, it is actually designed and intended to reduce
retention.

Even though it will cost more, the foundations’ proposed plan will increase retirement insecurity. Though
benefits on average may be more generous because of Pew’s miscalculation, they will be tied to market
returns as opposed to age and years of service, so for any individual the returns will be less certain and
could be substantially less than under the current system.

Public sector workers in particular value secure pensions. If Kentucky’s government employers want to
recruit employees of the same quality, they will need to increase pay to offset the loss of a secure benefit.

Retention will be an even bigger problem. The cash balance will increase employee turnover because it is
designed to diminish the reward for long service, to eliminate the “backloading” of benefits in a
traditional defined benefit plan like the current system.

As turnover increases, recruitment and training costs will increase, and they are substantial.

       The Society for Human Resource Management estimates that it costs $3,500 to replace one $8.00
       per hour employee when all costs — recruiting, interviewing, hiring, training, and reduced
       productivity are considered. SHRM’s estimate was the lowest in a survey of 17 nationally
       respected companies and organizations. The cost would be much higher for a professional
       employee.
       Other estimates range far higher: 30-50% of the annual salary of entry-level employees and more
       than 100% of annual salary for middle and high level employees.
Once the incentive to remain in the system and gain the increasing benefits of long service are lost,
employee decisions to leave will be more likely to based on short-term financial considerations, including
the investment returns to the cash balance plan. Since bear markets tend to coincide with economic
downturns, Kentucky’s government employers will retain employees when labor markets are slack and
replacements would be relatively easy to hire, but need to hire more workers when the job market is tight.
This will not only make hiring more challenging, but will also exacerbate cyclical fluctuations in
Kentucky’s unemployment rate.

So a third swing and miss on retention and recruitment. In terms of the goals Pew and Arnold set out for
themselves, the two foundations struck out.

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Kentucky Cash Balance Hotline

  • 1. Comments on the Kentucky Pension Task Force Recommendations By Ross Eisenbrey Vice President, Economic Policy Institute The Pew Center on the States and the Laura and John Arnold Foundation presented testimony to the Kentucky Pension Task Force last Fall on how to reform the public employee retirement system for Kentucky state and county employees. They set three goals for state policy makers and gave recommendations on how to achieve them. The three goals were: 1. Create a credible plan to reduce the funding gap 2. Make sure the plan is sustainable and doesn’t put taxpayers at risk of future funding challenges 3. Ensure that the compensation offered helps recruit and retain talented public sector workers Unfortunately, although Pew and Arnold took a swing at all three goals, they missed them all. Let’s look at each one. Reduce the Funding Gap The foundations miss the first goal completely. Kentucky’s enormous pension funding gap is not the result of overly generous benefits (pension benefits are about average for public employees nationally and when combined with low salaries leave Kentucky’s public servants undercompensated by nine percent compared to the private sector), or even because of poor investment performance. Rather, it is the result of the state’s repeated failure to meet its obligation to pay each year’s actuarially required contribution (ARC). If the state’s actuary tells the legislature it needs to contribute hundreds of millions of dollars to the pension plans and the legislature responds by contributing substantially less, that failure creates a funding gap. When the state does as Kentucky did and fails to make the ARC in 14 years out of the last 21, the result is a large unfunded liability -- $12 billion in Kentucky’s case, as determined by Pew. What have Pew and Arnold recommended to prevent this from happening again? Nothing. Merely suggesting an acceleration of payments to make up the years of lost revenue is meaningless. The same government that took the easy way in the past, failing to make the ARC two years out of every three, can be expected to do so again in the future if nothing changes to compel different behavior. This is especially true because the amounts required to meet the ARC and make up for past omissions will be even greater than the contributions that were skipped in the past. Other states have removed any discretion with respect to the ARC, either through state constitutional amendment or statutory proscription. It is a shame that Pew and Arnold make no recommendation and leave the problem entirely unaddressed. Strike one!
  • 2. Create a Sustainable Plan They miss on sustainability, too. According to an actuarial analysis by the Chief Actuary of Bolton Partners, the cash balance plan the Foundations propose will cost substantially more than the current system. This could be a good result if appropriate revenues were identified to pay for the additional benefits, but it appears that Pew has simply underestimated the cost. The Bolton analysis finds that the cash balance plan’s benefit is equivalent to an interest credit of 9%, not 8%, as Pew has calculated it. It will take further review to determine whether Bolton Partners or the two foundations are right, but Bolton points to the case of Downes v. Wisconsin Energy Corporation, litigation which settled in 2012, involving a plan design with the same interest crediting formula, where the plan incorrectly determined the cost of the cash balance plan and the employer wound up paying $45 million in damages. In any event, and regardless of which actuarial analysis is correct, Pew admits that its proposed plan is no less costly than the current system, undermining the claim that the new plan is more sustainable. Another swing and a miss: strike two. Recruitment and Retention The third goal is to help recruit and retain a talented public sector workforce, but because the proposed cash balance plan is designed to shift risk from the employer to employees, it will make public service less attractive and recruitment more difficult. Moreover, it is actually designed and intended to reduce retention. Even though it will cost more, the foundations’ proposed plan will increase retirement insecurity. Though benefits on average may be more generous because of Pew’s miscalculation, they will be tied to market returns as opposed to age and years of service, so for any individual the returns will be less certain and could be substantially less than under the current system. Public sector workers in particular value secure pensions. If Kentucky’s government employers want to recruit employees of the same quality, they will need to increase pay to offset the loss of a secure benefit. Retention will be an even bigger problem. The cash balance will increase employee turnover because it is designed to diminish the reward for long service, to eliminate the “backloading” of benefits in a traditional defined benefit plan like the current system. As turnover increases, recruitment and training costs will increase, and they are substantial. The Society for Human Resource Management estimates that it costs $3,500 to replace one $8.00 per hour employee when all costs — recruiting, interviewing, hiring, training, and reduced productivity are considered. SHRM’s estimate was the lowest in a survey of 17 nationally respected companies and organizations. The cost would be much higher for a professional employee. Other estimates range far higher: 30-50% of the annual salary of entry-level employees and more than 100% of annual salary for middle and high level employees.
  • 3. Once the incentive to remain in the system and gain the increasing benefits of long service are lost, employee decisions to leave will be more likely to based on short-term financial considerations, including the investment returns to the cash balance plan. Since bear markets tend to coincide with economic downturns, Kentucky’s government employers will retain employees when labor markets are slack and replacements would be relatively easy to hire, but need to hire more workers when the job market is tight. This will not only make hiring more challenging, but will also exacerbate cyclical fluctuations in Kentucky’s unemployment rate. So a third swing and miss on retention and recruitment. In terms of the goals Pew and Arnold set out for themselves, the two foundations struck out.