Challenges in Pension Reform
CHALLENGES IN PENSION REFORM
A RESEARCH PROJECT SUBMITTED TO THE FACULTY OF NATIONAL UNIVERSITY IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF
MASTER OF PUBLIC ADMINISTRATION
NOVEMBER 2012
By
James Michael Sandburg
Capstone Project Faculty Advisor
Gary Geiler
CAPSTONE PROJECT APPROVAL FORM
I certify that I have read the Project of James Michael Sandburg entitled Challenges in Pension Reform, and that, in my opinion, it is satisfactory in scope and quality for the degree of Master of Public Administration at National University.
Approved by:
______________________________________________ ______________________
Gary Geiler Date
ABSTRACT The purpose of this study is to examine the challenges faced by public sector administrators as they grapple with restoring pension plans to solvency and sustainability. The objectives are to research and describe how public pension plans have become insolvent over the course of the past dozen years; to discuss legal issues that make reform difficult; to suggest how to involve unions in meeting the challenge of reforming pension plans through negotiation with collective bargaining units; to discuss how to achieve pension reform without violating constitutional and statutory protections; to suggest a means of paying off unfunded pension liabilities.
Unfunded public sector pension liabilities has become a nationwide problem, with total unfunded liabilities totaling between 1 and 5 trillion dollars, depending upon investment return assumptions.
Pension problems have plagued the City of San Diego, California, since the late 1990s. Pension reform became a key element in San Diego’s 2012 mayoral race. The prevailing candidate stood alone among three challengers, as the only one who seemed to recognize the depth of the legal implications of pension reform that will be discussed herein.
The idea has become widely held that implementing public pension reform is essential to
A RESEARCH PROJECT SUBMITTED TO THE FACULTY OF NATIONAL UNIVERSITY IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF
MASTER OF PUBLIC ADMINISTRATION
NOVEMBER 2012
By
James Michael Sandburg
Capstone Project Faculty Advisor
Gary Geiler
CAPSTONE PROJECT APPROVAL FORM
I certify that I have read the Project of James Michael Sandburg entitled Challenges in Pension Reform, and that, in my opinion, it is satisfactory in scope and quality for the degree of Master of Public Administration at National University.
Approved by:
______________________________________________ ______________________
Gary Geiler Date
ABSTRACT The purpose of this study is to examine the challenges faced by public sector administrators as they grapple with restoring pension plans to solvency and sustainability. The objectives are to research and describe how public pension plans have become insolvent over the course of the past dozen years; to discuss legal issues that make reform difficult; to suggest how to involve unions in meeting the challenge of reforming pension plans through negotiation with collective bargaining units; to discuss how to achieve pension reform without violating constitutional and statutory protections; to suggest a means of paying off unfunded pension liabilities.
Unfunded public sector pension liabilities has become a nationwide problem, with total unfunded liabilities totaling between 1 and 5 trillion dollars, depending upon investment return assumptions.
Pension problems have plagued the City of San Diego, California, since the late 1990s. Pension reform became a key element in San Diego’s 2012 mayoral race. The prevailing candidate stood alone among three challengers, as the only one who seemed to recognize the depth of the legal implications of pension reform that will be discussed herein.
The idea has become widely held that implementing public pension reform is essential to
References: Aguirre, Michael J. (December 5, 2008). City Officials Responsible for Granting of Unlawful Pension Benefits 1996 through 2002 Business (7th ed.) McGraw-Hill Irwin, New York, NY. Biggs, Andrew G., (July 2012) Broder, John M., (September 7, 2004), Sunny San Diego Finds Itself Being Viewed as a Kind of Enron-by-the-Sea, New York Times, available at http://www.nytimes.com/2004/09/07/national/07diego.html?_r=0 Buck, Stuart, (August 26, 2011). Legal Obstacles to State Pension Reform Available at SSRN: http://ssrn.com/abstract=1917563 or Carrell, Michael R., Heavrin, Christina (2007). Labor Relations and Collective Bargaining Cases, Practice and Law (8th ed.) Pearson Prentice Hall, Upper Saddle River, NJ Civic Committee of The Commercial Club of Chicago, (2012). Just the Facts: A Primer on Illinois Pensions Collins, Courtney & Rettenmaier, Andrew J., (July 2010). Unfunded Liabilities of State and Local Government Employee Retirement Benefit Plans DeMaio, Carl (April 28, 2012). The pension question: Why I authored Prop. B. San Diego Union-Tribune. Retrieved from http://www.utsandiego.com/news/2012/apr/28/why-i-authored-prop-b/ Dillon, Liam (October 29, 2010) Even, William E. and MacPherson, David A., Freed from FICA: How Seven States and Localities Exempt a Million Employees from Social Security and Provide Higher Pension Benefits to Retirees (New York: Third Millenium, 1997) Farlex, The Free Dictionary http://www.law.cornell.edu/constitution/fifth_amendment Filner, Bob (April 28, 2012) San Diego Union-Tribune. Retrieved from http://www.utsandiego.com/news/2012/apr/28/reform-can-start-now/ Fletcher, Nathan (April 28, 2012) Hoyert, Donna L. (2012). 75 years of mortality in the United States, 1935–2010 NCHS data brief, #88 Lips, Carrie, (March 17, 1999). State and Local Government Retirement Programs: Lessons in Alternatives to Social Security Toder, Eric and Smith Karen E., (2011). Do Low-Income Workers Benefit From 401(k) Plans? Center for Retirement Research at Boston College Walsh, Mary Williams (September 3, 2012). How Plan to Help City Pay Pensions Backfired