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Federal E-News
Special 2008 Elections Edition
The 2008 Elections and Public Pensions
With the election of Barack Obama as the 44th President of the
United States and Democratic control of both Houses of Congress
significantly
strengthened, change – or at least the potential for such – has
clearly come to Washington, D.C. While it is still early to predict
what the long-term results may be, the impact on public pension
plans of likely actions early in 2009 addressing a number of
critical issues,
from the ongoing economic crisis to the need for a restructuring
of the regulation of financial market, could be very significant.
Mr. Obama won decisively, both in the popular vote as well as
among the all-important Electors, who voted for him by more
than a 2
to 1 margin when the Electoral College actually elected the
new President
on December 15th. Control of the Senate by Democrats was
also solidified, with the addition of at least 7 new members of
their party. In
the House of Representatives, Democrats also have increased
their majority
position by at least 21 seats.
These numbers may not represent a landslide – such as the
525 to 13 electoral vote victory of Ronald Reagan over Walter Mondale
in 1984. Nevertheless, the voters have clearly provided the
new President-elect
with a mandate.
What does this portend for 2009 and beyond? If Presidential
historian Michael Beschloss was correct in his 2008 NCTR
conference keynote
address, then the first several months of the Obama Administration
will present a critical window of time during which major
reform initiatives will be attempted. As Beschloss pointed
out, when
Presidents are given clear mandates and provided with solid
majorities in
both houses of Congress – as was the case with Franklin Roosevelt
in 1933, and Lyndon Johnson in 1965 – major accomplishments
can occur.
Therefore, while we may not see changes as dramatic as
those of Roosevelt’s
first “New Deal,” or Johnson’s “Great Society,” there
is clearly the potential for significant policy initiatives in the
first half of 2009. Healthcare reform and energy independence are
two likely topics, but the need for a significant economic stimulus
package, the potential for continued Federal interventions (bailouts)
involving threatened industries, and major reforms of the financial
services industry certainly top the list. A reworking of the Federal
government’s role in supporting retirement security
is another likely topic for debate. In all of these
cases, the potential impact
on governmental pension plans could be very significant.
Economic Stimulus
For example, one of the key components of a $500 billion
(maybe more) economic stimulus plan that Congressional
Democrats are
saying they
intend to have ready for Mr. Obama to sign into law
soon after taking office on January 20th will focus on infrastructure.
The President-elect
certainly expects to move in this direction, having
announced
on NBC’s “Meet the Press” program on December 7th
that he intends to “create millions of jobs by making the single
largest new investment in our national infrastructure since the creation
of the Federal highway system in the 1950s." During the campaign,
Mr. Obama also indicated support for expanded infrastructure investing,
including his proposal for a “National Infrastructure Reinvestment
Bank,” which would be allocated $60 billion in
new federal money over 10 years to provide financing
to transportation infrastructure
projects.
While the details of this proposal -- as well as any
other infrastructure component that might appear
as part of the
new economic stimulus
package -- are still sketchy, one specific idea
that has been floated by two top Obama supporters is directly
aimed
at public
pension
plans. Specifically, in a column appearing in
The Christian Science Monitor
in May of this year, Kansas Governor Kathleen
Sebelius (D) and Andy Stern, president of the Service Employees
International
Union (SEIU),
proposed that public pension funds pool their
assets
and invest directly in projects to build new
roads and bridges,
thereby “bypassing
the Wall Street firms that want to siphon off profits.” In
their view, the revenue streams generated by tolls and other sources “would
deliver stable, long-term returns to working Americans, while creating
well-paying construction and service jobs connected to each project” that
will “[e]nsure that billions of dollars stay
in our communities instead of going to big financial
firms.”
For those of us who are old enough to remember
the “Economically
Targeted Investment” (ETI) initiatives of the early years of
the first Clinton Administration, this is not necessarily a new idea,
and it can pose significant fiduciary issues. Sebelius and Stern
acknowledge that “[h]urdles remain to pension funds' direct
investment in infrastructure,” but they argue that “one
important barrier could be lifted by passing federal
legislation that would allow pension funds to access
tax-exempt debt to finance
infrastructure investments.”
Will such a proposal be part of the stimulus package
that will surely be front and center during the
first days of
the Obama
Administration? According to Ms. Sebelius and Mr.
Stern, preliminary discussions
about how to create this type of investment vehicle
have been underway among pension funds, governors,
state treasurers,
comptrollers, and
the SEIU. There are also reports that others are
working on
infrastructure alternatives that would target pension
funds and other institutional
investors. Therefore, it is certainly possible
that something along
these lines will surface.
As was the case with earlier ETI approaches involving
the Federal government, the proof of the pudding
will be in the tasting,
and the details of any such proposals and their
potential impact on
fiduciary independence will need to be carefully
considered. The possible impact
on government jobs is also a sensitive issue when
such investments involve privatization. Nevertheless,
investing
in infrastructure
-- public roadways, utilities, airports, hospitals,
and even prisons -- has certainly been a focus
of increasing interest
among investors,
including some pension plans, and the Federal government’s
potential role in infrastructure in order to stimulate
much-needed jobs growth raises the possibilities
of many intriguing intersections
of interest and need.
For example, what about a Federal “Infrastructure Investment
Bond,” paying an attractive return (8%?), as an alternative
to the new “infrastructure funds?” That could be a very
interesting way in which to leverage institutional investor support
for such projects, and could present plans with a politically attractive “we’re-doing-our-part-to-help” message
to deliver to their governors/state legislatures. The general public,
many of whom are looking for a safe place to invest what remains
of their 401(k) finds, may also find such a product to be a welcome
alternative to the current equity markets.
• Stern/Sebelius Infrastructure Proposal
Federal Bailouts
Stimulating the economy will certainly be of paramount importance
to the new Obama Administration, but the
continued implementation of current Federal efforts aimed at the
economic crisis
-- namely the $700 billion “Emergency Economic Stabilization Act” which
became law in early October -- will also be another major area of
attention. Federal assistance to the automobile industry, currently
also in the works in one form or another, is yet one more complicated
program that the Obama economic team will inherit.
Under the new “Troubled Asset Relief Program,” or TARP,
created by the landmark October legislation,
the Treasury Department has used its authority to provide more
than $150 billion in capital
investments in 52 financial institutions
as of November 25, 2008, according to a report from the Government
Accountability Office (GAO)
released on December 2, 2008. Treasury
has also provided the American International Group, Inc. (AIG)
with $40 billion and given Citigroup
a further $20 billion. As part of a program
to guarantee approximately $306 billion in Citigroup’s troubled
assets, Treasury also will receive $4 billion of Citigroup preferred
stock and warrants.
In return for its investments, the Federal
government receives senior preferred
shares paying annual
dividends of 5% for
five years and
9% thereafter, and the shares can be
redeemed at face value after three years or, if
the institution receives
a minimum
amount
from “qualified
equity offerings,” prior to three years. In addition, Treasury
receives warrants to purchase common stock up to a market value of
15% of senior preferred investment for public securities or 5% for
private securities. The exercise price is the financial institution’s
market price of common stock on the day it is accepted into the Treasury’s
Capital Purchase Program (CPP). The exercise price of the common
stock warrants is reduced each six months if shareholder approvals
are not obtained or if the institution completes a qualified equity
offering prior to December 31, 2009. Finally, institutions participating
in the program are subject to specific restrictions on dividend payments
or repurchasing shares as long as Treasury has preferred shares outstanding.
These so-called Federal bailouts, involving
direct Federal ownership of private
corporations, pose
significant challenges
to public
pensions, many of whom are also shareowners
of these same companies. Furthermore,
it can be assumed that if the automakers
are allowed access to the TARP to address
their
current economic
woes, the
terms will
be similar
to those offered banks. What are the
implications for current investors,
whose holdings are
clearly diluted
by Uncle
Sam’s new equity
interests?
For example, will the Federal government
have voting shares or board seats?
Perhaps not right
away,
but what about
in the future?
Under
the TARP, there is a process by which
the government could gain the right
to elect
directors. Who
should these directors
be,
and what
kind of skills should they possess?
As Stephen Davis, a senior fellow
at the
Millstein Center
for Corporate
Governance
and
Performance at Yale University, points
out, “Will they act as independent
directors or representatives of the interests of the government?
How will they handle risk management?” Richard Koppes, of counsel
to the Jones Day law firm and former general counsel of the California
Public Employees” Retirement System (CalPERS) recently observed, “We’re
in such unchartered waters here. How active of a shareholder will
the government will be? Who is going to make the decisions about
how active the government will be?”
The answers to these questions could
be of major significance to other
shareowners. While the
Federal interest in
protecting Federal
taxpayers is understandable, public
pensions invested in these same
companies also
represent
taxpayers.
How can
these interests
also
be respected and protected if,
instead of
being a passive investor, the Federal
government decides to try to
force boards to make
certain decisions driven more by
politics than
business
needs?
One suggestion, made by Mr. Davis,
is that Congress should consider
an approach
similar
to that used
in Great Britain,
where a new
oversight entity, the Shareholder
Executive, was created in 2003
to “improve
the government's performance as a shareholder in businesses.” It
currently has a portfolio of 29 businesses in which the British government
has a shareholding, and it describes its role as working “to
create a climate of ownership that, while challenging, is genuinely
supportive and provides the framework” for these businesses
to succeed. Creation of a similar entity in the United States, with
input from institutional investors and others, could perhaps be an
approach that public plans should support.
Another possibility involves
the Congressional Oversight
Panel (COP),
created at the
same time that Congress
authorized the
TARP program.
The COP was established to “review the current state of financial
markets and the regulatory system.” It is to oversee Treasury’s
actions and, among other things, guarantee that they are in the best
interest of the American people. In addition, Congress has instructed
the COP to produce a special report on regulatory reform that will
analyze “the current state of the regulatory system and its
effectiveness at overseeing the participants in the financial system
and protecting consumers.” The COP therefore could also potentially
provide an important forum for public plans to express their concerns
in this area, and to help educate the Congress on the impact of this
Federal investment activity on public investors and the taxpayers
they represent. What do you think?
• New Congressional Oversight Panel Report on TARP
• GAO December 2008 Report on TARP
• UK Shareholder Executive Agency
Financial Markets Reform
Another likely early focus of the new Administration that has the
potential for making a
significant impact on public pensions is the area of overall reform
of the financial
markets. Here,
there could be quick victories in the corporate governance
arena. Indeed, as part of the $700 billion Federal bailout, the Treasury
Department has already been directed to promulgate executive
compensation rules governing financial institutions
that sell their
troubled assets
to the TARP. Furthermore,
AIG – which received a government
bailout in early November which also imposed curbs on executive pay
-- has recently announced voluntary restrictions that include a $1
salary for its Chief Executive Officer; no 2008 annual bonuses and
no salary increases through 2009 for AIG's top-seven-officer Leadership
Group; and no salary increases through 2009 for the 50 next-highest
executives, in addition to other bonus, severance and retention award
restrictions.
While some corporate governance
supporters have questioned
their efficacy, Federal
restrictions on executive
salaries and other
perks that would have
been unthinkable just a
few months ago are nevertheless
now much closer to reality
for companies participating
in the
various Federal
bailout programs. Also,
it should be
remembered
that earlier
drafts of the massive
bailout legislation would have
required participating
companies to provide
(1) access
to the corporate
proxy for the
purpose of nominating
and electing boards of directors
to any
shareholder or group
of shareholders
holding,
in the
aggregate,
3 percent or
more of the equity securities
of the company; and (2)
an annual, non-binding “say-on-pay” vote on executive compensation.
Therefore, although these
provisions were ultimately
dropped from
the final legislation,
it is very
likely that similar
corporate governance
reforms applicable
to all corporations
could fare
much
better when
new legislation reforming
the regulation of the
capital markets
is taken
up in 2009. Indeed,
legislation that would
require public companies
to include in their
annual proxy to investors the
opportunity
to conduct an advisory
vote on
the
company’s executive pay plans
has already been approved by the House of Representatives (the “Shareholder
Vote on Executive Compensation Act,” H.R.
1257, introduced by
Congressman Barney
Frank (D-MA) and adopted
in April of 2007),
and a companion bill
(S. 1181) was introduced
in the Senate by none
other than then-Senator
Obama (D-IL). (See May
2007 NCTR Federal e-News.)
However, financial
markets reform can
also present
potential downsides
for
institutional
investors
in general and
public pension plans
in particular. For
example, the current
discussions
on Capitol Hill focus
on the concept of
a central “systemic
risk” regulator, most likely the Federal Reserve Board. Given the Fed’s
focus on banking regulation, and the fact that the Obama financial team is heavily “bank-centric,” what
are the implications for investor protection and the traditional role of the
Securities and Exchange Commission (SEC) in this regard?
Some would argue that the absence
of a new chief for the SEC
among the leaders
named
to head the
President-elect’s new economic team on November 24th
was a clear indication of the lesser role that the SEC, or some new hybrid thereof,
has to look forward to in a new Obama Administration. While a new “consumer
protection” agency is also being discussed as a potential part of the overall
restructuring of the financial markets, institutional investors will need to
be alert to any structural changes than diminish the traditional protections
they have received from the SEC, even if the SEC’s “charter” is
retained as part of a “new-and-improved” consumer protection function.
In short, if important corporate
governance improvements that
have long been sought
by institutional investors
are finally
obtained,
but their
implementation
is handed off to a much weaker
and ill-defined enforcement
agency, will
this really
amount to a victory for
shareowners?
Powerful players in both
the House and Senate, including
key Democrats,
have
also questioned
the appropriateness
of public
pension fund
investments in
alternative products such
as
hedge funds and commodities
futures. There have been
efforts
to either ban such investments
outright, or to place procedural
and structural
limitations on
them that
are tantamount
to a ban in the
eyes of some.
Some would impose such
restrictions in an effort
to protect “unsophisticated” investors
from themselves, while others have suggested that pension plans, and their “herd
behavior,” have actually exacerbated some problems: “People need
to step back and look at who they are enabling in their investment activities,” was
the way one Hill aide described the situation.
Even when it comes to the
controversy surrounding
the performance
of the credit rating
agencies and their
role in the sub-prime
meltdown (see July/September
NCTR Federal e-News),
some key
Congressional staff continue
to suggest that perhaps
public pension
plans may have
played a role
in creating
the problem.
Specifically,
they question whether
plans failed to conduct sufficiently
independent
investigations
of investment decisions,
relying too heavily on
the credit-rating agency “seal
of approval.” “If they (public pension plans) can’t do the
work (of performing such independent ‘due diligence’ reviews of alternative
investments), should they be in the business of investing in them?” asked
one top House Financial Service Committee staffer recently.
The impact of the current
economic crisis and
the severe market
declines on public
pension
investment
activities
are also of
growing concern
to some Congressional
leaders. For instance,
Senator Charles Grassley
(R-IA),
the Ranking Member
of the Senate Committee
on Finance, has
recently requested
that the Government Accountability
Office (GAO)
review public
pension plan
investment strategies.
According to the
GAO, they will be “considering the investment strategies, asset allocations,
and governance structures that public sector pension plans have employed in recent
years to direct and oversee their investments as well as the ways, if any, that
these investment strategies, asset allocations, and governance structures have
changed in light of recent financial market conditions.” (Emphasis added.)
Senator Grassley has
previously expressed
serious concerns
with the general
funding of public
pension plans (see
August
2006 NCTR Federal
e-News),
and is one of
the top members of
Congress who has
also been very
troubled – even
before the current
economic crisis --
by what he has called “pressures
for sufficient pension
funding and adequate
retirement savings.” He
believes that these
have led “under-funded
plans sponsored by
financially weak
employers” to
invest in hedge funds
and other alternative
investments in an
attempt to “quickly
build plan assets.” This
new GAO request appears
to be yet one more
effort on his part
to document this
dangerous chasing
of returns; the report
is expected
to be issued sometime next summer.
Therefore, it is
also possible that
restrictions
on investment
options
for institutional
investors could
also be part
of the mix when
legislation reforming
financial
markets is considered.
In any case, the
reorganization
of capital markets
presents
any number of
possible issues
for institutional
investors,
particularly public
plans, and certainly
merits careful
monitoring.
• CII Letter to Congress Urging Corporate Governance Reforms
• CII White Paper on Financial
Regulation Proposals and their Potential Impact
on Investors.
Pensions/Retirement
A third place
where there
is a possibility
of major
changes
with
implications
for governmental
plans is in
the area of pensions
and retirement
policy.
Candidate Obama
indicated that,
as President,
he would support
the creation
of so-called “automatic
workplace pensions.” As his campaign materials explained, under his plan,
employers who did not currently offer a retirement plan would be required to
enroll their employees in a direct-deposit IRA account; employees could opt-out
by signing a written waiver. Even after enrollment, employees would retain the
right to change their savings levels, reallocate investment portfolios or end
contributions to these new accounts. Under the Obama campaign’s plan, when
employees changed jobs, their savings would be automatically rolled over into
the new employer’s system.
However, things
have obviously
changed
significantly
since this
401(k) style
proposal
was developed.
As
Peter Orszag,
the then-head
of the
Congressional
Budget
Office --
and currently President-elect
Obama’s choice to head up the Office
of Management and Budget (OMB) – testified before the House Education and
Labor Committee on October 7th, data from the Federal Reserve suggested at that
time that the decline in the value of financial assets had cost pension funds
(both defined benefit and defined contribution models) roughly $1 trillion --
almost 10 percent of their assets -- from the second quarter of 2007 to the second
quarter of 2008, the latest period for which data was then available.
Orszag noted,
however,
that the
significant
further
drop in asset
prices
since the end of
the second
quarter
made
it “plausible” that the cumulative
decline in pension assets over the past year and a half amounted to about $2
trillion. )It is well to note that on the day he testified, the Dow Jones Industrial
Average dropped 508.39, or 5.1 percent, to 9,447.11, and has only dropped further
since then.) Indeed, later in October, Congressman George Miller (D-CA), Chairman
of the House Education and Labor Committee, said that new research suggested
that the losses might be as much as double even the $2 trillion figure, of which
more than half would be attributable to 401(k) style pensions.
Compounding
this
dramatic drop
in value,
some
companies have
now begun
either
cutting
their
401(k) match
or else
suspending
the
match
altogether. Furthermore,
according
to a
recent
AARP
survey, one
in five
middle-aged
workers
have
stopped contributing
to their
retirement
plans
in the last
year
because they had
trouble
making
ends
meet. Also,
the number
of investors
taking
loans
on their
401(k)
accounts
has been
significantly
increasing,
as have
been
hardship
withdrawals.
In short,
the defined
contribution
model – already under fire in recent
years as an inadequate vehicle for true retirement security (see, for example,
the December 2007 NCTR Federal e-News) -- has suffered what some view as a final,
fatal blow. Indeed, there are those who are now arguing that the 401(k) approach
should be abandoned, and some in Congress are beginning to take such a discussion
seriously.
For example,
during
the
same hearing
at
which Mr. Orszag
testified,
Teresa
Ghilarducci,
the
Irene and Bernard
L.
Schwartz Professor
of
Economic Policy
Analysis
at
The New
School
for
Social Research
Department
of
Economics in New
York
City,
proposed
a
universal “Guaranteed Retirement Account (GRA). Under her proposal, every
year the Federal government would deposit $600 (inflation indexed) in a GRA for
every American worker. Furthermore, every worker (not in an equivalent defined
benefit plan) would also be required to put 5% of their pay into their Guaranteed
Retirement Account each year.
The
Federal
government
would
then
pay
a
3% inflation-indexed
guaranteed
return.
The
goal
would
be
to
provide
a
supplement
to
Social
Security
that
would
achieve
an
overall
70%
income
replacement
rate
at
retirement.
The
Federal
government
would
pay
for
this
program
by
scaling
back
substantially
the
tax
breaks
for
401(k)
type
accounts
(estimated
currently
to
be
about
$80
billion
annually).
Although
Chairman Miller
did not
specifically endorse
such an
approach, he
did say
at the
hearing that "We have to start to think about ... whether or
not we want to continue to invest that $80 billion for a policy that's not generating
what we now say it should." Of course, reinvigorating Federal policymakers’ appreciation
of alternatives to existing defined contribution models for retirement security
could provide a much-needed shot-in-the-arm for the defined benefit model, which
has pretty much been written off by many policy-makers and think-tank policy
wonks as virtually extinct anywhere outside the public sector. On the other hand,
a Federal plan for employers to consider as a viable alternative could have unintended
consequences for existing defined benefit systems.
In
addition, any
re-examination of
the so-called “tax expenditures” associated
with defined contribution models will inevitably also involve a review of those
associated with the defined benefit approach. Currently (as projected by the
Congressional Joint Committee on Taxation, October 31, 2008), the “cost” to
the Federal government of the net exclusion of pension contributions and earnings
from current taxation, including those associated with IRAs, is the largest such
cost to the Federal treasury – estimated to amount to a staggering $724
billion for FY 2008-2012 (of which $212.9 billion is associated with defined
benefit plans). This total pension-related tax expenditure compares to the $680.3
billion related to exclusions of employer contributions for health care, health
insurance premiums and long-term care over the same 5-year period, and the $443.6
billion cumulative total linked to the deduction for mortgage interest.
Not
only is
this the
largest such
tax expenditure,
but given
the fact
that most
low-wage workers
do not
participate in
IRAs and
have limited
access to
401(k)s or
other employer-provided
pensions, it
is a
tax subsidy
primarily skewed
to middle-
and high-income
wage earners.
At a
time when
the Democratically-controlled
Congress
wants to
broaden the
economic base
and the
Obama Administration
will be
looking for
ways to “restore fairness to the tax code,” major
reforms of the regressive way in which Federal tax laws underwrite retirement
security could therefore certainly be a subject of serious discussions.
What
could such
potential changes
involve? Modifications
to the
current 401(k)
program such
as that
proposed by
Ms. Ghilarducci
would face
enormous opposition
from financial
institutions with
an interest
in maintaining
the status
quo and
from others
with philosophical
objections. The
reaction of
talk-radio host
Rush Limbaugh
during the
recent Presidential
campaign, when
he attacked
the proposal
as a
Democratic plot
to kill
401(k) plans,
is a
good example
of the
potential political “blowback.” The more likely Congressional response would
be to tinker with existing models, but the fact that the Ghilarducci proposal
is even being discussed suggests the seriousness with which key Congressional
leaders are viewing the need to look at alternatives to the 401(k) model.
Certainly
a major
overhaul of
the Social
Security system
could be
another possible
outcome of
the desire
to reform
retirement security.
This might
also include
the idea
of add-on
accounts, such
as the “Universal 401(k)” proposal
that has been advanced by Gene Sperling, a former national economic adviser in
the Clinton administration, a Hillary Clinton team member and now an adviser
to President-elect Obama.
Under
Sperling’s plan, middle-income and working-poor families would be
eligible for up to $1,000 in matching funds from Uncle Sam for savings they contributed
to new tax-deferred retirement savings accounts. For low-income families, the
government would provide a 2-1 match. According to Mr. Sperling, “a family
eligible for a 2-1 match could accumulate a nest egg of $190,000 simply by contributing
$500 a year for 40 years, assuming a 5 percent rate of return.” This
approach would certainly
be more acceptable
to vested business
interests, but it
still
presumes the long-term
viability of the
401(k) investment
model.
Nevertheless,
Sperling is
still pushing
the concept,
having recently
written a
column urging
Obama to
seek a “grand bargain on fiscal policy” that
combines fiscal stimulus as well as a commitment to take on entitlement challenges
such as Social Security. “With privatization thankfully off the table,” Sperling
wrote in a November 20, 2008 column in Roll Call, “now could be the time
to seek a progressive Social Security reform deal that … could also include
a new universal 401(k) that is separate from Social Security but part of a larger
retirement security package that also strengthens defined benefit plans and reduces
our nation’s
long-term national
debt.”
But
how could
any such
expensive new
add-on be
paid for?
One approach
that has
been suggested
in the
past by
the Congressional
Budget Office
(CBO) is
for a
flat 5%
tax on
pension investment
earnings. In
fact, during
the early
years of
the first
Clinton Administration,
no less
an authority
on pensions
than Alicia
Munnell, currently
the director
of the
Center for
Retirement Research
at Boston
College, argued
that the
time had
come for
the current
taxation of
qualified pension
plans. Her
1992 proposal
was for
an annual
15% tax
on pension
contributions and
pension fund
earnings, paid
at the
fund level,
with benefits
then withdrawn
tax free.
The
Munnell approach
was based
on the
premise that
taxing pensions
on a
deferred basis
can be
justified only
if pension
plans provide
rank and
file employees
with retirement
benefits that
they would
not have
accumulated on
their own,
or, failing
that test,
if they
increase the
saving of
those who
are covered
so that
national saving
and capital
accumulation are
greater than
they would
have been
otherwise. According
to Munnell,
that in
fact had
NOT been
the case,
and pensions
benefitted “a relatively privileged minority of the population,
while all taxpayers face higher rates to cover the preferences
accorded qualified plans.”The
same could be --
and is being -- argued today.
As
for the
problem of
dealing with
State and
local governmental
plans, Munnell
recognized that
ways would
have to
be devised
to work
around constitutional
constraints
against
direct taxation,
and she
suggested, as
one possibility,
enactment of
an alternative
tax whereby
contributions
and
earnings would
be attributed
to individual
employees and
taxed at
a rate
greater than
the rate
applied to
the plan
if the
tax were
not paid
at the
fund level.
However, she
also realized
that State
and local
governments, being
exempt from
ERISA, could
respond by
reducing theirfunding
efforts to
offset the
impact of
the tax,
so she
also recommended
that any
effort to
tax pension
accruals for
State and
local employees “would
have to be accompanied
by federal legislation
to regulate funding
of government plans.”
Are
such proposals
likely in
the next
Congress? There
is nothing
to suggest
that anyone
on the
Hill or
the Obama
transition team
is currently
thinking about
such extreme
proposals as
taxation of
DB plans.
However, the
Federal deficit
is ballooning
in response
to the
current economic
crisis; there
are plans
for billions
more in
spending in
connection with
infrastructure
and
additional stimulus
efforts; and
there is
mounting evidence
that the
current Federal “investment” in
retirement savings is not producing what will be necessary for a secure retirement
for the “Baby Boomers” just now beginning to enter retirement. As
the old saying goes, “Desperate times call for desperate measures,” and
dramatic changes
may well have to
be considered. Again,
if the past is prologue,
as Presidential
historian Michael
Beschloss suggests,
then the first half
of 2009 could be
the time when such
seismic shifts begin
to take shape.
One
last observation:
no mention
of Social
Security reform
would be
complete without
commenting on
the issue
of mandatory
Social Security
coverage. In
this regard,
it is
well to
note that
Mr. Orszag,
mentioned above
as Mr.
Obama’s
designee to head
the OMB, has not
always been a friend
of the public pension
community in this
area.
Specifically,
when he
was a
special assistant
to the
president for
economic policy
during the
Clinton administration,
Orszag was
an advocate
for mandating
that all
state and
local employees
participate
in
Social Security.
For example,
in 1998,
Orszag told
a group
of public
pension officials
meeting with
him at
the White
House that
forcing all
state and
local workers
to participate
in Social
Security was
a "no-brainer" because nearly all Americans are already
in the program and "besides,
we need the money."
More
recently, when
he was
at the
Brookings Institution
prior to
moving to
the CBO,
Orszag co-authored
an issue
brief proposing
Social Security
coverage for
all governmental
new hires.
It is
unclear if
his views
on this
subject have
changed dramatically.
Assuming they
have not,
then he
could be
a strong
advocate within
the Obama
Administration
for
mandatory coverage,
should they
decide to
take on
the difficult
issue of
Social Security
reform.
• Ghilarducci Proposal for Guaranteed Retirement Accounts
• Munnell 1992 Proposal for Current Taxation of Pensions
• Brookings/Orszag Paper on Reforming Social Security
Healthcare Reform
One last area of likely Congressional and Administration action
early in the
Obama term with significant potential implications for public
plans is healthcare reform. In formally announcing former
Senate
Democratic
Leader
Tom
Daschle
(D-SD)
as his candidate for Secretary
of Health
and Human Services (HHS)
on December 11th,
President-elect
Obama reiterated that "The time is now to solve this
problem." Mr. Obama said that healthcare reform is “not
something that we
can sort of put
off because we're
in
an emergency. This
is part of the
emergency."
What
would the
Obama plan
look like?
It would
most likely
be built
on existing
plans and
the employer-based
system, in
part by
providing additional
plan options
to small
businesses and
individuals without
group coverage.
While there
are vocal
supporters of
a single
payer system,
the consensus
both on
and off
the Hill
suggests that
all the
major proposals
that are
currently gaining
traction clearly
favor the
employer-based
approach.
What
also appears
clear is
that controlling
costs will
be at
the center
of the
Obama plan.
Not only
did candidate
Obama stress
the need
to hold
down skyrocketing
health care
costs, but
Mr. Daschle
is also
a strong
believer in
the same,
as is
Peter Orszag,
the incoming
head of
OMB, who
has worked
diligently
to
focus attention
on this
aspect of
the overall
problem while
at the
CBO. At
the end
of the
day, finding
effective
ways
to control
these costs
may prove
to be
the biggest
challenge
that
an Obama
healthcare
reform
proposal – or that of
anyone else, for that matter – may
face.
The
general thrust
of the
Obama reforms
should be
well-received
by
the public
sector. For
example, the
Public Sector
Healthcare Roundtable,
a national
coalition of
public sector
health care
purchasers --
which includes
a number
of NCTR
member plans
and is
currently chaired
by Gary
Harbin, head
of the
Kentucky Teachers’ Retirement
System and a member of NCTR’s Executive Committee -- was formed several
years ago to insure that the interests of the public sector are properly represented
during the formulation and debate of Federal health care reform initiatives.
It has recently adopted a set of principles related to healthcare reform, which
stress that “preserving
existing employer
provided health
benefit programs
should be
a critical component
of any reform initiative.”
The
principles also
underscore that
any national
health care
reform effort
should include “innovative proposals to constrain costs, increase value, and improve
quality and efficiency in the health care delivery system while preserving patient
choice,” such as the implementation of a nationwide health information
technology (IT) system that “will improve the efficiency and effectiveness
of our health care delivery system while accumulating data that is essential
to both health care purchasers and providers.” The
Roundtable also
believes
that controlling
the high cost of
prescription drugs
must be a major
component
of any effective
cost control effort.
Finally,
the Public
Sector Healthcare
Roundtable’s principles underscore
that Medicare is an essential component of long-term health care security for
most public workers, retirees, and their families. Among other things, in connection
with Medicare reform, the Roundtable calls for consensus-based measures that
will enable value-based purchasing that pays for quality health; new e-prescribing
requirements in order to reduce errors, improve effectiveness, and increase value
as well as to serve as a model for future system-wide Health IT implementation;
and permission for individuals to “buy-in” to
Medicare at an earlier
age.
However,
while
there
may
be
general
agreement
between
the
public
sector
and
the
Obama
camp
on
several
key
components
of
reform,
what
is
not
clear
is
the
manner
in
which
a
new
approach
to
healthcare
that
is
aimed
at
encouraging
and
supporting
an
employer-based
system
will
provide
such
incentives
to
non-taxpayers.
Traditionally,
employer
incentives
have
focused
on
tax
breaks
and
other
tax-related
components.
For
example,
both
candidate
Obama
and
Senator
Max
Baucus
(D-MT),
the
Chairman
of
the
Senate
Finance
Committee
who
has
also
recently
released
his
own
blueprint
for
reform
of
the
healthcare
system,
support
tax
credits
for
small
businesses
that
provide
health
insurance
coverage.
But
such
tax
incentives
will
be
of
little
interest
or
use
to
tax
exempt
organizations.
What
can
be
offered
instead
to
provide
comparable,
equitable
support
for
public
employers,
who
collectively
provide
health
care
benefits
to
nearly
16
million
American
workers
and
their
families
at
a
cost
of
over
$125
billion
annually?
There
is
also
the
danger
that
new
Federal
plans
(or
changes
in
tax
treatment
for
individuals
to
encourage
them
to
purchase
health
insurance)
could
draw
insured
public
employees
away
from
their
current
employer
plans.
Siphoning
off
younger,
healthier
employees
could
result
in
cost-shifting
to
other
plan
providers
who
may
find
themselves
with
older,
sicker
participants.
Public
plans
that
administer
healthcare
may
be
particularly
vulnerable
to
such
potential
problems
that
could
undercut
their
ability
to
continue
to
offer
quality
health
care
services
at
a
cost
that
is
affordable
and
sustainable
for
employees,
their
families,
and
their
employers.
Of
course,
another
possible
focus
that
could
offer
both
challenges
as
well
as
opportunities
for
the
public
sector
would
involve
the
engagement
of
large
public
sector
purchasers
of
healthcare
as
partners
in
certain
areas
of
reform.
For
example,
the
Roundtable
believes
that
Medicare,
as
the
nation’s largest purchaser
of health care, should be encouraged to find ways to exercise its market leadership
in order to serve as a national model, “perhaps through innovative pilot
programs in partnership with large public purchasers and private providers.” The
Roundtable believes that such efforts could help to “stimulate
provider competition
and to implement
systemic reforms,
such as enhanced
system-wide transparency,
incentives for lifelong
wellness initiatives,
and primary care,
prevention, and
chronic care case
management.”
So
what is
the possible
timetable and
prognosis for
healthcare reform?
Once again,
President-elect
Obama
has reiterated
his desire
to move
ahead as
quickly as
possible, linking
healthcare reform
to the
economic challenges
that the
nation must
confront. Furthermore,
his announced
intent to
establish a
White House
Office of
Health Reform,
and to
appoint the
HHS Secretary
as its
director, underscores
the message
that this
will be
one of
the Obama
White House’s
top priorities.
As
to the
fate of
healthcare reform
in the
new Congress,
it will
still be
a very
difficult undertaking,
even with
a full
court press
by the
Obama team.
Remember, as
Alan Katz,
author of
a well-respected
blog on
healthcare policy,
reminds us, “sharing
a goal is a far
cry from agreeing
on solutions.”
Ron
Pollack, executive
director of
Families USA
recently discussed
the legislative
challenges
that
lie ahead
in his
keynote address
before the
Public Sector
Healthcare
Roundtable
annual convention
earlier in
September.
(Families
USA is
a liberal,
non-profit
consumer
healthcare
advocacy
organization
co-founded
by Mr.
Pollack and
one of
the most
active proponents
of healthcare
reform in
Washington,
DC.)
Mr. Pollack
warned that
there are
three main
lessons that
must be
learned from
the failures
of many
previous reform
efforts:
1. It is
easier to
stop legislation
than to
pass it,
especially
in
the Senate.
Super-majorities
(therefore,
bipartisanship)
will be
needed to
construct
and
pass a
plan.
2. There
will
be at
least
one
major
stakeholder
opposing
the
plan.
Even
if it
is only
one,
that
opponent
cannot
be underestimated
because "intensity often
trumps numbers." (Also,
see lesson No. 1.)
3. Every key
stakeholder in
the past
has been
too wedded
to their
top priority
proposal. When
a given
group's proposal
was not
included in
the plan,
that group
often abandoned
the reform
effort, or
even opposed
it. Pollack
observed that, "As
a result, everybody's second favorite choice was the status
quo." Advocates,
he said, must be willing to accept an alternate plan that
includes
some of their priorities, but maybe not all of them; they
need, he said, "to
find virtue out
of second favorite choices."
And
then
there
is
the
little
issue
of
how
to
pay
for
the
sure-to-be-staggering
cost
of
reform…. Nevertheless, reinventing healthcare will definitely
be a major undertaking of the new Congress in 2009. Whether
it will be done as one
giant, omnibus measure, or broken apart into more “digestible” components – as
is likely to be the case for reform of the financial markets,
discussed earlier – remains
to be seen. Also, it is possible that certain elements, such
as Health IT, which have relatively broad-based bipartisan
support and have come very close to enactment
before now, could be seen as “low-hanging fruit” and
adopted as steps in the right direction that don’t
deserve to be delayed
until a much larger,
much more controversial
reform package can
be (hopefully) worked
out.
In
any case,
healthcare reform
is on
its way,
and its
potential impact
on the
overall subject
of retirement
security will
be enormous.
Public sector
healthcare purchasers
have unique
issues, and
the manner
in which
Congress and
the Obama
Administration
deals
with them
will be
of major
importance to
all who
must struggle
with the
implications
of
unchecked medical
costs on
overall budgets.
• Daschle White Paper on Healthcare Reform
• Public Sector Healthcare Roundtable Healthcare Reform Principles
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