The SEC Catches Up To One Of The Small Fry

The Wall Street Journal has the story on this morning's front page:  The SEC has caught one of the biggest crooks in the sale of billions of dollars of fraudulent securities.  The crook?  It's the state of Illinois!  The problem?  Disclosures relating to the extent of its pension obligations.

Here is a link to the SEC release, which in turn links to the consent order. 

An SEC investigation revealed that Illinois failed to inform investors about the impact of problems with its pension funding schedule as the state offered and sold more than $2.2 billion worth of municipal bonds from 2005 to early 2009. Illinois failed to disclose that its statutory plan significantly underfunded the state’s pension obligations and increased the risk to its overall financial condition. The state also misled investors about the effect of changes to its statutory plan.

Good thing that the people who missed Madoff are starting to catch up to the Manhattan Contrarian in noticing the huge problems in pension disclosures in at least one state.  Perhaps they might notice the problems of California, New York and many others some time soon?  Why not -- this is free grandstanding.  Bondholders who weren't already aware of Illinois's pension problems should probably be declared too dumb to be allowed to invest.  The SEC settlement contains no penalties, of course.  Also, no admission of wrongful conduct.  Just a list of so-called "remedial measures," including such powerful remedies as "provid[ing] a hyperlink to a February 2009 COGFA monthly briefing in which COGFA provided certain negative information regarding . . . the State's pension system assets," and "commission[ing] a Pension Modernization Task force to evaluate the benefit structure, costs, and funding of the State's pension systems."  Yup, that'll work.  Meanwhile, the state legislature has met repeatedly to address the funding shortfall issue, and has very pointedly done exactly nothing about it so far.  But, in the SEC's defense, that's not their issue.

Meanwhile, in the grand Keystone Kop tradition of missing Madoff, can the SEC please explain why they haven't noticed that the Federal government's disclosures of its own pension and retiree obligations, aka Social Security and Medicare, is misleading to the tune of multiple tens of trillions of dollars?  (By contrast, the Illinois Policy Institute puts the underfunding of Illinois pensions in the range of $85 billion -- around 0.1% of the size of the Federal problem.)  As a potential investor in Treasury securities, the amount of the unfunded liability for Social Security and Medicare is number one at the top of my list of what is absolutely essential to know.  Well, of course, there is the even bigger fraud in Federal accounting, namely counting all Federal expenditures on goods, services and salaries as a 100 cent on the dollar increase in GDP.  But I guess that one doesn't go to its own solvency. 

State And Local Government Financial Data Are Also A Problem

The series over the past week on fraudulent government economic data focused on data published by the Federal government, the reason being that most of the economic data for the U.S. come from the Federal government.  But the state and local governments put out substantial amounts of data too, mostly about their own financial condition.  What is the level of trustworthiness there?  Not good.

Thankfully state and local governments have much less ability to practice financial fraud than the Feds, in part because they have restrictions on the incurring of debt, in part because they have statutory or even constitutional balanced budget requirements, and in part because they can't print their own currency to pay their debts.  But like all politicians, state and local pols have powerful incentives to use the public fisc to pay off favored constituencies today while hiding what they are doing from the voters, thus allowing obligations to accumulate out of view to spring upon the next generation after those who took on the obligations are long gone.

If your goal is to pay off your political supporters while not revealing for many years the obligations you are incurring, then probably the perfect vehicle for you is the defined benefit pension plan.  In a state or local government defined benefit pension plan, the sponsoring entity takes on obligations that are not due to be paid for 10, 20 or even up to 80 years.  It is perfectly appropriate that the obligations due many years out are valued today based on a discount rate, the idea being that you can put money aside today against the discounted value, and the money will then earn the assumed rate of return over the years, resulting in sufficient funds to pay the obligations when they come due.  Nothing wrong so far. 

Now just think like a politician for a moment.  The higher the discount/return rate that you assume, the lower today's liabilities will appear to be.  If you assume an aggressive rate of return today, then you can promise generous pensions while putting aside little money to fund them.  However, when the markets fail to produce the assumed rate of return, required contributions will gradually accelerate, but over many years.  With any luck, you will be long gone.

The states with the worst pension problems today are probably Illinois, California and New Jersey, in that order.  New York is not far behind.  (Does anyone notice that these states have in common their deep blue politics?)  Anyway, I'll use New York City as an example, because I live here and I follow it closely.

New York City has five main pension funds for its workers:  New York City Employees' Retirement System (ERS), New York City Teachers' Retirement System (TRS), New York City Police Pension Fund (Police), New York City Fire Department Pension Fund (Fire), and New York City Board of Education Retirement System (BERS).  All have long assumed an 8% discount/return rate for valuation purposes.  Such returns can only be had in the stock market or even riskier investments like hedge funds, and any such investments can go down as well as up.  In fact, the stock market, after recent large gains, is only now approaching the records achieved in early 2000 -- that's 13 years with no gains whatsoever, against the 8% assumption.

What's the result?  In fiscal 2002, when the contributions were set based on the stock market values in 2000, New York City made required pension contributions of right around $1 billion, which was about 2.5% of a budget of then about $40 billion per year.  By 2012, with the stock market flat for a decade, required contributions had soared to $8.4 billion out of a budget now at $70 billion -- 12% of the total. 

In 2012 Richard North, chief City actuary, issued a report recommending lowering the assumed discount/return rate all the way to 7%.  Believe it or not, it takes an act of the state legislature to make that change!  A bill was presented in the 2012 session of the legislature, and it never came to a vote.  I guess the legislators understand where their interest is on this matter, namely continuing to keep the public in the dark.

In his actuarial valuations for the funds that came out in October 2012, North went ahead and used the rogue 7% rate.  The result was to reveal dramatically lower funding levels than previously advertised using the 8% rate:  ERS funding went from 78.6% funding to 64.2%; TRS from 64.1% to 58.9%; Police from 71.3% to 60.1%; Fire from 56.8% to 48.2%; BERS from 68.7% to 57.8%. 

But isn't even 7% rather aggressive for a public pension fund?  In a very valuable blog, John Murphy, the long time (1990 - 2005) Executive Director of ERS, commenting on the dramatic declines in funding resulting from use of the 7% rate, wrote on January 9, 2013 as follows:

The historical rate of return on stocks is 6.8% and for bonds it's 3.5%. Actuaries should not be playing with these rates. A standard prudent pension plan should operate within a 50/50 range of stocks and bonds depending on the level of annual benefit payments that the plan is required to make. A 5.15% interest rate should be almost a mandatory upper limit for interest rate assumptions.

We outsiders don't have the data available to make a precise calculation, but based on average funding declines of close to 10% resulting from a 1% drop in assumed discount/return, it would be a good bet that taking the assumed return rate down to 5% would cause further declines in the funding ratio in the range of 15-20%, dropping funding ratios into the mid-30s to low 40s.  Or to put it in dollar terms, the five funds have total assets of around $105 billion.  Valued at 7%, the actuary put their liabilities at around $171 billion.  Valued at 5%, those liabilities are likely to be more like $250 - 300 billion.  In short, there are huge, huge increases coming in the required pension contributions.  While the data to figure this out are publicly available, they can be quite hard to fine.  Few people know about it.

PS.  I have submitted an op ed to the New York Times on this subject.  They say they are going to run it, but they have been sitting on it for months.

The Mayoral Candidates Are In For A Rude Surprise

Yesterday Christine Quinn -- Speaker of the City Council and a leading contender to be the next mayor -- delivered a "State of the City" speech.  I don't find a transcript anywhere, but the Gothamist web site has one of the more detailed accounts, as well as a link to a video if you want to watch the whole thing, and also another link to a report issued at the same time by Ms. Quinn titled "The Middle Class Squeeze."

A fair summary of Ms. Quinn's speech is that the City must "help" the middle class by passing out one after another of various grants, subsidies, tax breaks, handouts, free stuff and other goodies and graft from our benevolent masters.  Front and center was her proposal to have the City finance the building of 40,000 new "middle income" apartments per year for the next decade.  Next in significance was her proposal for tax breaks for landlords who make their apartments "affordable" for middle income families.  For both these purposes, middle income is defined as going well above $100,000 per year.

Completely lacking from the speech was any recognition that these kinds of proposals have a cost, and that the payment of the cost must inevitably come primarily from the very "middle income" people who are supposed to benefit.  It is not possible for anything close to a majority of them to come out ahead -- the programs are just transfers from most of them to a small minority of the politically connected.  Of course, a prime idea behind these sorts of programs is to keep the cost as opaque as possible so that no one can figure out that they are getting screwed.  But to take just the top example, the 40,000 units of middle income housing per year is completely unachievable; a realistic number might be around 10,000.  After ten years of that, you'd have 100,000 units that might house about 3 - 5% of the population.  If you assume that the "middle class" is half the population, that leaves 45% that get nothing from this program and must pay.

Of course, the other leading candidates for the Democratic party nomination immediately came out criticizing Quinn for not proposing enough handouts and subsidies.  Hey, this is New York.

But don't worry, because there is a very nasty surprise coming down the road for whoever is the next mayor, in the form of vastly increased pension contributions.  The state legislature has passed one pension sweetener after another over the past 20 years for the municipal unions, the cost of which has been largely hidden by adoption of deceptive 8% returns assumptions by the pension plans.  Failure to meet those return assumptions has led the City's annual contributions to the pension plans to go from about $1 billion per year in 2002 to $8.4 billion in 2012.  That number may hold for a while given good stock market performance in the past 12 months, but the chance of achieving 8% annual returns indefinitely is about nil.  So the $8.4 billion per year could easily shoot upwards by multiple billions during the next mayor's term.  That will wipe any new spending initiatives right off the agenda.

I don't think that any of the Democratic candidates for mayor understands the pension plans well enough to know what is coming.  (One of the Republican candidates, Joe Lhota, probably does.  He may even have a chance to win!)

Meanwhile, there is another obvious way to benefit the middle class far more than the subsidy/handout/tax break/free stuff model of Quinn and her compatriots.  And that is, lower costs for everyone, by some combination of reducing taxes and reducing the restrictions on building that limit the supply of housing in New York.  Even as that would benefit the middle class far more, it would also have far less opportunity for graft for the politicians.  This is not a model that Democratic politicians in New York find acceptable.

Remembering Mayor Ed Koch

Much in the news these past couple of days on the passing of our larger-than-life former mayor, Ed Koch.   Koch was a man of great energy and enthusiasm, always in good humor and good spirits.  He took the helm of the City at about its lowest point (1978), and left it far better off twelve years later.  But what about an objective assessment of how much credit we can give Koch for the improvement in the City since the 70s?

Koch had one huge achievement as mayor, which is that he got the City budget under control by dramatic cuts in spending.  The number of City employees shrank by close to 100,000 in his first term.  By 1980, that number was down to about 200,000 total.  It then gradually crept back up until it was back to about 250,000 when he left office.  Here is a graph post-1980.  (The number today is around 280,000.)  Koch did not meaningfully lower City taxes, but he also did not meaningfully increase them, which is a great achievement compared to his predecessors.

There were two major issues that needed tackling during Koch's tenure and that he did not tackle:  public safety and welfare.  Crime did not meaningfully decline.  Here is a chart of number of murders in New York City over the years.  The number was 1504 in 1978 and 1905 in 1989.  (In 2012 it was 414.)  Welfare recipients numbered well over 1,000,000 throughout his tenure.  (NYC had 343,000 welfare recipients by 2011 according to this NYT article.)

In the 1980s when Koch was mayor, the real estate market in New York took off, and the population of the City, which had shrunk by almost a million during the 70s, started a rapid recovery.  Koch certainly deserves some credit for the rebound, for showing that the budget could be tamed.  But I would give far more credit to something else that was not in Koch's control:  the lowering of the New York State top income tax rate from almost 15% to about 8%.  Main credit for that goes to Koch's contemporary, Governor Hugh Carey, who served from 1975 to 1982.  Also, don't forget the huge assist added by New Jersey, which had no income tax at all before 1976, and was eating New York's lunch.  Their top rate started at 2% in 1976, but once they had it it just went up and up.  Today, their top rate is almost 9%.  Today, nobody moves to New Jersey to save on taxes.  

One other major (and unappreciated) factor in the revival of New York City has been the (painfully slow) phase out of rent regulation.  Again, that came well after Koch, and at the initiative of the State government (mainly Governor George Pataki), not the City.

More (State) Government Wealth Destruction: The LIPA Follies, Continued

From today in Crain’s New York Business, (may be behind a pay wall)  the headline “LIPA to require state bailout.”  LIPA would be the Long Island Power Authority, purveyor of the highest-priced electricity in the lower 48.  I like the term “require,” like there’s nothing we can do about it.  It’s just a law of nature!

In fact what we have going on is serious wealth destruction, $7 billion or so, by a succession of New York governors, Democrats Cuomo pere et fils, as well as the intervening Republican Pataki.  (What, we can’t blame this one on Spitzer?  Surprisingly, no; although if he had gotten a chance to weigh in on it he clearly would have gotten it wrong.)

It seems that Gov. Andrew Cuomo, in his recent State of the State address, proposed to “abolish” LIPA. 

“It has never worked,” he said. “It never will.” But analysts believe that persuading a private company to buy the much-maligned utility would require the state to assume at least $4 billion of LIPA's $7 billion in debt. A sale would then trigger nearly $1billion in additional costs: early-termination fees paid to bondholders, as well as penalties for the derivatives contracts that would suddenly become void, according to people who have studied a privatization.

Who could have seen it coming that LIPA would never work?  Just a brief review of the history (more detail in my previous post here and at Wikipedia here):  From about 1973 to 1985, Long Island’s then-private utility LILCO built a nuclear power plant at Shoreham at a cost of about $6 billion.  When it was fully built and ready to operate, then new Governor Mario Cuomo, bowing to strongly expressed nuclear fears of the Long Islanders, decided to block the opening by refusing to cooperate in the development of an emergency evacuation plan.  The opening was blocked, and now Long Island had spent $6 billion with no electricity to show for it.  That $6 billion (plus some accumulated interest) is the hole we are still trying to deal with.  Cuomo pere came up with the idea of transferring much of the cost of the plant to other New York taxpayers, and to Federal taxpayers, by creating a “public” utility for Long Island that could issue tax exempt bonds.  That would be LIPA.  Of course, they didn’t have the people actually to run a complex utility, so LIPA was set up as the thinnest of possible shams to claim the tax exemption – nothing but a board of directors with all the real work subcontracted to private utility operators.  It took until 1998, in the administration of Pataki, to finally get LIPA up and running and all the debt refinanced into tax exempt bonds.

But even though the interest rates were somewhat lowered, Long Island still had the now $7 billion of debt and also had to buy its electricity elsewhere.  Not hard to see why it has the highest electric rates in the country.  It also had a utility consisting of nothing but a political board with no idea how to produce or deliver electricity, and a mission to come up with electricity free both from all risks and all costs.  Not possible. They pretended to solve that by skimping on maintenance.  Then came Hurricane Sandy.  The next-to-no maintenance thing didn’t work out so well.

Meanwhile, how dangerous is nuclear power really?  The worst recent nuclear accident is the one at Fukushima, Japan in 2011.  How many people died from radiation as a result of that?  Believe it or not, not a single death there has been definitively attributed to radiation so far, although an unknown number of cases of cancer could develop in the future.  Here is the Wikipedia entry:

A few of the plant's workers were severely injured or killed by the disaster conditions (drowning, falling equipment damage etc.) resulting from the earthquake. There were no immediate deaths due to direct radiation exposures, but at least six workers have exceeded lifetime legal limits for radiation and more than 300 have received significant radiation doses. Predicted future cancer deaths due to accumulated radiation exposures in the population living near Fukushima have ranged from none to 100.

Meanwhile we accept tens of thousands of deaths per year from automobile accidents without complaint and, indeed, barely noticing it.  Also, the people of Westchester accept (reluctantly) the risk of the Indian Point nuclear plant, that supplies about 25% of the electricity for New York City.  Our current Governor also is trying to close that one down.  Oh, and he continues a hold on drilling for natural gas within the state by the “fracking” method.  So what exactly is the method of producing electricity that he and his supporters will allow?

You will not be surprised that I do not have a lot of sympathy for the Long Islanders here (who let their way overblown fears get the better of them and now would like others to pay the cost), nor for the Governors who go along with and indeed lead this vast wealth destruction.  Sorry, but this is not the problem of the rest of the New York taxpayers, let alone the Federal ones.

Here’s a picture (from 2010) of the Shoreham power plant, still sitting there idle after all these years.