Originally posted at www.calpensions.com I
A key part of a pension reform approved by San Jose voters last week needs IRS approval, similar to an Orange County pension reform held up for three years while waiting for IRS approval.
The problem is a U.S. Internal Revenue Service rule in 2006 that could deny the usual tax-deferred status if an individual public employee chooses a retirement plan with a lower benefit.
Giving current employees the option of choosing a lower pension plan, or paying more to keep the current plan, is a key part of an agreement Orange County negotiated with employees in 2009 as well as Measure B approved by San Jose voters last week.
After talks with the IRS stalled, Orange County got U.S. Rep. Loretta Sanchez, D-Santa Ana, with Republican co-authors to introduce legislation last September giving tax-deferred status to optional public pension plans with lower benefits.
Mayor Chuck Reed said a U.S. Conference of Mayors meeting in Orlando this week is expected to consider a resolution calling on the U.S. Treasury Department and Congress to give optional lower-benefit plans favorable tax treatment.
As state and local governments struggle with soaring pension costs that are diverting scarce funds from other programs, option advocates say employees should have a choice about the retirement benefits they earn in the future.
Pension amounts already earned would be protected. But employees would have the option of paying more each year to continue earning their current pensions or choose to pay less each year and earn a lower retirement benefit.
“You might ask, why would they do that?” Orange County Supervisor Bill Campbell told a two-house legislative committee on pension reform during a hearing in April.
Campbell said that in 2005 Orange County employees wanted to boost their pensions to one of the highest levels, 2.75 percent of final pay for each year served at age 55. (By way of contrast, teachers get 2 percent at age 60.)
“We said we can’t afford to pay any more than the current plan,” Campbell said of the bargaining position of the county supervisors. “The union members took over the obligation for all of the increased cost assessed with moving to 2.75 at 55.”
As the economy declined and pension fund investments nationwide fell far short of their earning targets, the annual Orange County required contributions went up. Employee rates that had been 7 to 11 percent of pay became 11 to 15 percent.
The union agreed to the plan in 2009 that gives new hires and current employees the option of choosing the higher pension or a lower benefit. The lack of IRS approval has prevented current employees from making a choice.
The county workforce has been sharply reduced. But of 660 new hires since the option took effect, Campbell told the legislative committee, about 25 percent have chosen the lower retirement plan.
“We have no idea how many of our current employees would trade down,” Campbell said. “I believe it would be between 25 and 50 percent. It depends on each person’s lifestyle situation.”
The county has retained a well-known firm with retirement expertise, TIAA-CREF, to brief employees in detail on the consequences of choosing each of the retirement plans.
“It’s not a sales job,” he said. “It really is just the facts.”
Campbell said he was told that the IRS rule in 2006 was a response to an abuse in the private sector, apparently with 401(k) plans, and public employee plans were somehow included in the regulation.
The Sanchez bill, HR 2934, has been in the Ways and Means committee since its introduction last September. In an election year, Campbell is not optimistic about moving a bill that would allow individuals to choose lower benefits in public pensions nationwide.
“That is part of the problem,” Campbell said yesterday. “Some of the national unions don’t like this.”