Full upper house vote could come by end of month
BY TOM HESTER SR.
NEWJERSEYNEWSROOM.COM
SECOND UPDATE
A state Senate committee Thursday unanimously approved four bipartisan bills that legislators describe as designed to reform the state's financially struggling public employee pension and benefits system.
The legislation was approved by the State Government, Wagering, Tourism and Historic Preservation Committee amid requests by union leaders to go slow and make what they argued is a need to closely examine the systems before acting.
Senate President Stephen M. Sweeney (D-Gloucester) said three of measures, which require no additional public hearings, will be voted on by the full upper house on Monday.
"These reforms are necessary to restore New Jersey's long-term fiscal footing and return sanity to a pension and benefit system that was allowed to spiral out of control,'' Sweeney said. "They were conceived in the spirit of bipartisanship, and I believe they will pass in bipartisan fashion as well.''
The various state pension plans are underfunded by at least $30 billion after years of skipped or partial payments.
The bills are described by legislators as an attempt to return the pension and benefits system to its original goal of ensuring the retirements of rank-and-file public employees and constitutionally require government to meet its annual pension obligations.
Charles Wowkanech, New Jersey AFL-CIO president, urged lawmakers not to approve the bills without determining the extent of pension system problems.
"In essence, our argument is that New Jersey has had a long-standing tradition of bargaining with public employees,‘' he said. "These employees are willing to work with the state and local communities (on pension and benefit issues) and that is really the way to go. Our concern here is that there is a lot of information out there we are not getting. It is a very vogue thing to reform the pension system but if you push it through and innocent people get hurt and property taxes don't go down what have you accomplished?''
Anthony Wieners, New Jersey State Policemen's Benevolent Association president, appeared before the committee with other police and firefighter union leaders.
Wieners angrily read a letter the PBA received from Chris Christie during the gubernatorial campaign that the union leader said promised police and firefighter pensions and benefits would be protected.
"Christie's promise before the election that no harm will come to your pension is a lie,'' Wiener said. "So much for a sacred trust. The promise that no harm will come to your pensions is a lie. We are about to be overwhelmed by a rush to pass these bills."
Wiener said the potential changes in pension and benefit standards are leading what he described as many veteran police officers to retire early, an action that leads to higher pension costs.
William G. Dressel, New Jersey State League of Municipalities director, told the committee his organization strongly supports the large majority of the proposed pension and benefit changes proposed in the bills.
"We encourage the Legislature to go even further,'' Dressel said. "The final legislation should ensure consistent benefits provisions in all pension systems.''
Michelle Gasparian, New Jersey Assistant Prosecutors Association president, told the committee, that assistant prosecutors and deputy attorney generals should not be bumped from the Police and Fire Retirement System because they play a role in providing public safety just as police officers and firefighters do.
She said assistant prosecutor pensions or benefits will lead young attorneys not to enter government or make it a career and hinder the quality of state and county prosecutors.
The legislation adopts recommendations from the 2006 Special Session on Property Tax Reform's Joint Legislative Committee on Pension and Benefits Reform. That committee made 41 proposals for overhauling the public pension and benefits system to ensure its long-term viability for career state employees. Fifteen recommendations were enacted legislatively; other reforms were achieved through collective bargaining.
The first bill (S-2) would limit enrollment in the defined-benefit pension system to full-time employees who work at least 35 hours per week at the state level or 32 hours in local government and public schools. All other new employees earning at least $5,000 annually could enroll in a 401(k)-style defined contribution plan. Current employees with fewer than 10 years of service would be allowed to switch from the defined-benefit plan to the defined-contribution plan, or withdraw from the system altogether.
The bill also would reconfigure the equation used to calculate pension benefits for future employees by dividing the number of years worked by 60, rather than the current 55. Also, the number of "high salary" years used for calculating benefits for workers in the public employee and teacher pension systems would be raised to five years from the current three; enrollees in the police, fire and State Police systems would have their pensions based on their highest three years — up from the current one-year standard.
The bill also would designate a "one job-one pension" rule for multiple job holders, with only the highest-salaried position counting towards a pension.
The second measure (S-3) would require all employees — including current state, school district, and local employees — to pay at least 1.5 percent of their salary towards their health benefits after the expiration of their current contract, and would require all newly-hired employees to pay at least 1.5% of their base pension toward health benefits upon retirement.
State employees would be required to work at least 35 hours per week to qualify for health benefits, with local and school employees having to meet a minimum 25-hour-per-week standard.
A third bill (S-4) to limit sick leave payouts for all new local and school employees to $15,000 - the standard currently in law for state employees. The bill also would allow new local government and school employees to carry over only one year's worth of vacation year-to-year and would eliminate the current sick leave injury program.
The remaining bill, a proposed constitutional amendment (SCR-1) will require a pubic hearing before it can move to the full senate for a vote. It would require the state to annually meet its obligation for each pension plan it operates. If approved by voters in the November general election, the state would have seven years beginning with the 2011-12 fiscal year to catch up to its full obligation — starting with the 2018-19 budget, the full payment would be required every year.
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OUTCH!---THOSE BASIS POINTS!
February 2010
A basis point is one hundredth of one percent (0.0001). This is how the fees charged by your investment manager are expressed. The lower your basis points the more money in your account when you retire. The Federal Thrift Savings Plan charges 3 basis points or 0.0003 percent to manage the retirement savings of federal employees. This equates to a $3.00 fee for each $10,000 of account value (0.0003 X $10,000).
Do you have any idea how high fees impact the growth of your investment? Example: For 40 years Bob and Rob contribute to the New Jersey State Employees Deferred Compensation Plan (NJSEDCP). Their first year salary is $30,000 with annual increases of 3 percent. 10 percent of their salary is invested in the Plan each year. They each earn 8 percent on their Plan investment. At the end of 40 years Bob's account is worth $1.1 million while Rob's account is worth $700,000. Why? Bob invested his money with the 4 State-managed funds at a cost of 8 basis points or $8.00 per $10,000 while Rob invested his money with Prudential Financial at a cost of 220 basis points or $220.00 per $10,000.
For the first 25 years of its existence, the New Jersey Deferred Compensation Board got it all right by offering only de minimis cost investment funds. This all changed about 4 years ago when Prudential Financial, with its commissioned-based investment product menu, replaced the New Jersey Division of Pensions and Benefits as Plan Administrator. Increasing the number of investment funds in this manner works to the severe detriment of plan participants because the Prudential Sales Representatives are compensated by selling the 23 Prudential Financial funds, not the 4 State-managed ones. There is no longer a level playing field as there was during the first 25 years of the Plan’s operation.
It is shocking that at a time when the fees paid by the employee/investor are under intense scrutiny the Deferred Compensation Board would add commissioned based products to the de minimis cost investment line-up which served the Plan’s participants so well for so long. Why?
In my view the Deferred Compensation Board, by adding high cost investment alternatives, has breached its fiduciary responsibilities to Plan participants. If the Board’s objective was to offer more than the 4 State-managed investment funds all of the 23 additional choices could have been of the de minimis cost variety. No?
===============================================================
Recommendation 1.: The New Jersey State Employees Deferred Compensation Plan, the Alternate Benefit Program and the Defined Contribution Retirement Program should offer only de minimis cost investment funds. See the Deferred Compensation Plans administered by the State and City of New York.
Recommendation 2.: Eligibility to participate in the New Jersey State Employees Deferred Compensation Plan should be expanded to include county and local government employees including school districts. Just like there is a single State-administered Defined Benefit retirement system for all of the State’s public employees there should be a single State-administered Deferred Compensation 457(b) Plan. It is utter non-sense for 21 counties and nearly 600 local governments and their school districts to administer their own 457(b) plan.
Recommendation 3.: The 403(b) Supplemental Annuity Collective Trust (SACT) must offer a 21st century investment line-up. Just like there is a single State-administered Defined Benefit retirement system for all of the State’s public school employees there should be a single 403(b) Plan. It is utter non-sense for nearly 600 local school districts to administer their own 403(b) plan.
The 403(b) SACT began in 1963 with just one investment choice, a common stock fund. After nearly 50 years of operation it still offers just one investment, the same common stock fund. This is clearly a breach of fiduciary responsibility on behalf of the SACT Trustees. Notwithstanding the fact that it comes at de minimis cost to the employee/investor, the lack of a diversified investment menu makes the SACT a Plan to stay clear of. Is it any wonder why the 403(b) school district market in New Jersey has been so enormously profitable for the commissioned based mutual fund/variable annuity industry?
Note: Public school employees are allowed to contribute to a 457(b) plan and a 403(b) plan.
The new law allows current employees without vesting rights to switch over to the newly created Defined Contribution Retirement Program (DCRP) in lieu of staying in the Defined Benefit retirement system. This is a fundamental change that has the potential of providing a sound financial future to those who elect to switch. But there must be a fundamental change to the contribution rates of the DCRP. Currently the employee contributes 5 percent of salary with the employer contributing 3 percent. To be a viable alternative to the Defined Benefit system the rates of contribution must match those of the
ABP. Additionally, all investment funds must be of the de minimis cost variety. Currently the DCRP is a high cost/commissioned based Program that works against the long term accumulation of wealth. Check out the Deferred Compensaion Plan of the City of New York---the gold standard when it comes to designing a Defined Contribution retirement plan.
However, current deals are current deals. Your town should have been putting aside moneys for payouts over the years. If some employee in Middletown or wherever has sicktime you have to pay it. Try to a) add budget item for 'retirements' to accomodate for it, hoping they don't retire all at once - employee morale is a mgmt issue there. b) try to get employees to take part of it in time and part in money, and don't replace employee for a few months while they "use up the funds" - you are paying salary now so that 100K number is more bark than bite. yes current workers do pay to an extent for retireees by covering. c) remember that you will replace 100K cop with 37-50K paid officer and so will have savings that payout.
When I checked last, this only applied to employees in the state health plans and not to anyone who was enrolled in a private via their municipality or school district. If so, about half of all local and school employees would not have to pay.