My husband constantly reminds me that the new revenues brought in by tax increases just free up existing funds to be spent on pensions and benefits. Dan Walters has a word for this deception – “fungibility” – “If a city’s voters can be persuaded to raise their taxes for parks and recreation, for example, it effectively frees up more money to pay its pension bills without acknowledging that motive.”
Walters calls this a bait-and-switch approach to getting voters to raise taxes on themselves – they offer you a carrot – oh yeah, ice rink – to take your eyes off their pension deficit. The city of Chico, for example, has been taking money out of various funds and placing it in the General Fund, from which they can transfer it anywhere they want. And they’ve established TWO pension “trust” funds – “CalPERS Unfunded Liability Reserve Fund (903) and the Pension Stabilization Trust (904).
From budget policies 2019-20
“CalPERS Unfunded Liability Reserve Fund (903)
Fund 903 has been established to accumulate funds for the annual payment of the CalPERS unfunded liability payment for the City. The targeted reserve amount is equal to the estimated unfunded liability payment for the subsequent year due to CalPERS. In accordance with GASB 54, this fund balance is committed.”
“Beginning in FY2017-18, each department will set aside a set percentage of payroll costs to fund the annual payment of the CalPERS unfunded liability. A target reserve of 10% of the annual unfunded liability expenditure will be retained in the fund.”
From 2019-20 draft budget – page FS 75, Attachment A, Fund Summaries CALPERS UNFUNDED LIABILITY RSV FUND
In fiscal year 2017-18 they moved $7,323,978 into the Unfunded Liability Reserve Fund – $3.9 million from the miscellaneous employees payroll, and $3.2 million from public safety funds. In 2018-19 they took $8,358,417. The city manager’s recommendation for 2019-20 is $9,615,778.
The Pension Stabilization Trust is a separate fund – The City Council established a Pension Stabilization Trust under Internal Revenue Code
Section 115 on June 19, 2018. The irrevocable trust is restricted for use to pay future CalPERS retirement contributions. The investment model strategy for the Trust is conservative. A conservative investment model is defined as a strategy that does not exceed an investment allocation over 20% in equity securities with the remainder investment allocation in fixed income securities. The model strategy may only be modified by the City Manager with City Council approval.
Fund 904 – Pension Stabilization Trust shall account for the financial activity of the Trust. Trust accounting will be provided at least quarterly as part of the monthly monitoring reports provided to City Council.
Correct me if I’m wrong, but what I see is not only a fund through which they take from other funds to pay down their deficit, but another, separate fund that also takes money from other funds – to be invested on behalf of the pensioneers.
Here’s something scary I ran across in the budget policy documents – the city manager can approve up to $100,000 transfers without council approval.
Transfers Between Council Approved Capital Projects (Different Years – Rescheduling Projects) – Projects are approved over a ten-year period by Council. Each budgeted project has been appropriated an amount that may include funding from multiple City Funds. Appropriation transfers between capital projects scheduled in different years requires approval of the City Manager and City Council based the following authorization amounts:
• Up to $100,000 – City Manager;
• Over $100,000 – City Manager and City Council
Now, ask yourself Pollyanna – why are the road, sewer and park funds bottomed out?
Because, as Walters reports, pension costs, especially for public safety employees, “are rising especially fast. They now average about 50% of payroll and are projected in the new report to top 55% by the mid-2020s. A few cities are already nearing or reaching 100%.” And, city management, as you see above, is allowed to dip into funds as they wish, transferring the garbage tax money from the Road Fund to the General Fund last year, as noted in the budget. From the General Fund they can transfer as much as they want into the Unfunded Liability Reserve or the Pension Stabilization Trust, as long as it’s in increments less than $100,000.
When Brian Nakamura came on as City Manager in 2012, he reported two deficit figures – one about $168,000,000, the other around $194,000,000. I think the first figure was the pension deficit figure, and the second was the total deficit for pensions AND benefits. Today the city finance manglers report a total deficit of around $130,000,000. How do you think they paid that down so fast?
Here’s Walters on the subject:
Dan Walters: It’s a bait and switch on the state’s public pensions
Local officials, particularly those in California’s 400-plus cities, have been complaining loudly in recent years about pension costs, raising the specter of insolvency if they continue their rapid increase.
Last year, the League of California Cities issued a report declaring that “pension costs will dramatically increase to unsustainable levels.”
The California Public Employees Retirement System (CalPERS) confirms that projection in a new report.
The report reveals that mandatory “employer contributions,” including those from the state and school districts, as well as local governments, rose from $12 billion in 2016-17 to $20 billion a year later.
It also warns that the payments will continue to rise well into the next decade as the giant trust fund tries to recover from dramatic investment losses in the Great Recession, adjusts to lower earnings projections and handles a surge of baby boomer generation retirees claiming benefits.
“The greatest risk to the system continues to be the ability of employers to make their required contributions,” the new report declares, adding, “It is difficult to assess just how much strain current contribution levels are putting on employers. However, evidence such as collections activities, requests for extensions to amortization schedules and information regarding termination procedures indicate that some public agencies are under significant strain.”
Pension costs for “safety employees,” police officers and firefighters mostly, are rising especially fast. They now average about 50% of payroll and are projected in the new report to top 55% by the mid-2020s. A few cities are already nearing or reaching 100%.
However, as much as they complain about CalPERS forever dunning them, California’s local officials are largely unwilling to directly ask their voters for more taxes to pay pension bills.
Hundreds of local tax increase measures were placed on the ballot last year and hundreds more are likely to be proposed next year, but almost universally they are billed as improving popular local services, such as “public safety” or parks.
It’s where the concept of “fungibility” kicks in. If a city’s voters can be persuaded to raise their taxes for parks and recreation, for example, it effectively frees up more money to pay its pension bills without acknowledging that motive.
We saw a wonderful example of fungibility last year in Sacramento, where voters were persuaded to raise local sales taxes on the promise of civic improvements by an amount that closely matched increases in the city’s obligations to CalPERS.
We may be seeing another in Oakland next year.
The Oakland City Council is placing a “parcel tax” — a form of property tax — on the March ballot to improve parks, recreational and homeless services and stormwater drainage. The tax, $148 annually per real estate parcel, would generate an estimated $20 million a year.
As it happens, however, the most recent CalPERS report on Oakland’s pension obligations reveals that they will increase from $194 million in 2020-21 to $226 million by 2025-26, which would more than consume the revenue from the parcel tax.
So why don’t city officials just own up and publicly acknowledge that pension costs are driving their budgets into red ink and ask voters for more tax money to cover them?
They — and the unions that finance tax increase campaigns — clearly fear that being candid would backfire. If voters knew they would be paying more taxes to support pension benefits for city workers that are probably much better than they have themselves, they might refuse to go along.
Bait and switch is more politically expedient.
Tags: Bob Malowney Chico Area Recreation District, Tom Lando Chico Area Recreation District