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Retirement System News & Information

 

First let me say that there was a second hearing on Wednesday at 1600hrs in front of the Senate ED&A Committee. This hearing was directed around the Medical Subsidy issue in HB 1645. I also spent Tuesday and Thursday working on HB 1645 in an attempt with others to meet and work with sub-division representatives regarding HB 1645. I firmly believe that it is in the best interest of the Taxpayers and the members for these groups to try and work out a well grounded approach to this issue. We have scheduled another meeting for Tuesday of next week.

Attached are a number of documents that you should look at and consider. Since last year one of the largest issues facing the employers has been the Medical Subsidy and the Funding of the medical subsidy. This has according to documentation created a 28A issue (Unfunded Mandate) and increases the employer contribution up to as much as a 50% increase in their rates. As tax payers this concerned us as well. This became critical when the replenishment under RSA 100-A:53, II from the Special Account Sub trust to the NHRS Trust Account stopped on June 30, 2007.

First is a position letter from Attorney Marcia Wagner from the Wagner Law Group Boston Mass. Members of the Coalition contacted Marcia Wagner from the Wagner Law Group who specialize in ERISA (Employee Retirement Income Security Act) was contacted and asked to review Ice Millers (NHRS Attorneys on this Matter) report regarding this replenishment. Ms Wagner responded with the attached
conclusions based on her expertise. (For Background see www.erisa-lawyers.com)

As you will see there is now a dissenting opinion on a number of issues. Minor if these issues did not have far reaching ramifications for so many tax payers and members. The coalition strongly feels that the Legislature and the Board of Trustees owe it to taxpayers and the members to insure that they get this right. Because getting it wrong means higher taxes while jeopardizing member medical subsidy The reasonable and prudent thing is to slow the process and examine the evidence anything else could result in irreversible harm.

Also attached is a list of "Other Compensation" for NHRS purposes as is currently used by NHRS and a side by side break down on the effects of HB 1645. The last document is a letter from the Coalition to the Senators for your review.

Thanks
Jim Valiquet

 
What follows are updates on current bills before the Legislature specifically related to our retirement system, and positions taken by our Representative on the Coalition:
 
04/04/08- Information from the NHRSC
                     HB1645 amended version (.pdf file)
                     HB1645 Talking Points
                     Letter from Municipalities to State Senators
                     Letter from NHMA to State Representatives
 

03/10/08-
Good Evening,

This morning we did have a news conference. It went very well with response from the teachers and firefighters. Dave Bailey and I attended and maybe four other officers from the NHPA. In all we may have had 100 or so in the lobby of the LOB. If you get this and have an opportunity to watch it would be interesting to see. Rep. Hawkins gives an interview saying he doesn't understand what the issue is, as the changes do not effect retirees or current active members only the new employees. He should read the bill. Even if that were true why is th being rammed through the committee out onto the floor? He indicates it only effects new employees. If that is the case we will see no effect on the Unfunded Actuarial Accrued Liability for seventeen to thirty years.

The SEA have circulated a flyer asking their people to call the Reps. The fire service did the same thing. I have attached a flyer for your review. I leave it to you to email the representatives as you see fit.

It appears that HB 1645 will be Exec'd out of the committees on Thursday.

 

 
Memorandum from State Rep Neal Kurk to the Legislative Sub-Committee working on HB 1645 (in .pdf format, requires Adobe (c)  Reader)
 

                                                   HB 1645 – February 14, 2008

Good morning my name is Jim Valiquet and I am a member and beneficiary of the New Hampshire Retirement System.  I have 29 years of group two service.  I also had the honor and privilege of serving on the Commission created by HB 876.  I come before you today representing a number of groups currently making up the New Hampshire Public Employees Retirement Coalition.  The Coalition is made up of:

AFSCME Council 93
AFT-NH
New Hampshire AFL-CIO
New Hampshire Association of Chiefs of Police
New Hampshire Police Association
New Hampshire Permanent Fire Fighters Association
Professional Firefighters of New Hampshire
State Employees Association of New Hampshire
New Hampshire Association of Fire Chiefs
 

Funding

Promises made should be promises kept.  Our police officers, firefighters, teachers and other public employees work hard every day for the citizens of New Hampshire.  They arrived for work daily and contributed into the New Hampshire Retirement System each and every pay day.  They were told that participation in the New Hampshire Retirement System was a requirement of the position. 

We are all tax payers and feel the same burden of taxation like our neighbors.  We fully understand the need for a sound spending plan.  We certainly know that state and local governments must find ways to provide the services necessary while balancing the ability to fund those services.  We must all be conscious of the responsibility the state and local government have for contractual obligations created while delivering these services.  The balancing of budgets should not be at the expense of our teachers, employees, police officers, firefighters and especially our retirees.

New Hampshire has had a difficult time recruiting police officers, firefighters, corrections officers and teachers. This is due the fact that they can make more money in the private sector and in neighboring states.  As result and it is not getting any easier to find good candidates and then retain them.  One of the major factors effecting recruitment in New Hampshire has been the Retirement System.   Reducing benefits for newly hired employees will make it harder for New Hampshire to compete for skilled workers and will continue to drive our youth to neighboring states for better opportunities.  This bill takes and extends the retirement age for Group II from 45 to 55 and 20 years service to 25 years.  Additionally HB 1645 would change final compensation from 3 years to 5 years.  Neither of these provisions were offered in the Commission Report.  Please consider some basic and proven facts.  Eye sight in particular begins to diminish around age 42 for everyone.  The rods and cones within the eyes become less reactive to changes in light.  Muscle tone and reflexes slow.  All the effects work against the first responder and the people they are trying to protect.  Why would we want to risk their safety or the safety of the public?  Is it because group II is less funded that group I?

In fact as a group Police are five percent (5%) better funded and firefighters approximately 3% better funded than Group I members.  This begs the question why then would we risk the lives of our police and firefighters by forcing them to stay longer than they should and then compensate them by reducing their pensions by 3.9%?  I like to repeat neither the service retirement or final compensation were endorsed by the Commission.  These were minority reports provisions.

Changing these benefits for future employees will not solve our budget problems and will not reduce the unfunded liability of the pension system.  As I stated above there are physical changes that occur with age, raising the retirement age will increase work related injuries and disability claims.  Also consider that these employees do not pay into social security.  If they have not worked anywhere else they will not receive any social security benefits.  If a Group II member works before, during, or after their careers as a first responder and accumulate the quarters necessary to collect social security. The federal government will reduce their benefits as much as 48%.  These are Social Security provisions which impact state, county, and local employees.  Not only do these provisions effect the employee but their spouses as well.   The Government Pension Offset (GPO) eliminates or reduces the spousal benefit by two thirds the value of the public employees retirement benefit.  The Windfall Elimination Provision (WEP) reduces, but does not eliminate, a portion of an individuals Social Security earned outside of their public employment.  Non-public employees with private pensions get to keep their ENTIRE Social Security benefits and their Social Security survivor benefits. 

Extending the Service Retirement is not only a potentially dangerous change.  It shortens their ability to develop secondary plans for a financially sound retirement. 

The theme over the past five months has been reducing employer contribution rates.  The issues facing the retirement system are many but, it is a sound system.  The main cause for our current funding issue is really the coming together of events that formed the perfect storm of retirement systems.  But our ship weathered the rough seas and has made it back to port.  First, had we not changed to the OPEN GROUP AGGREGATE actuarial methodology the employers would have been paying a fairer share for the past 17 years.  Over the past ten years the employers contributed 16%, the employees 21% and return on investments accounted for 64% of the funding.  Nationally, employers have paid more for the plans.  The second event was the collapse of the dot com industry and the events of 9-11-2001.  Both had adverse effects on the market and therefore on the system for a number of years.  The one constant during these trying times were the employees they continued to perform with pride and dignity while making their contributions to the system they were told would be there for them.    

If nothing else happens this session we hope that the legislature develops a plan to fully fund the retirement system and to insure that both the state and local governments meet their full obligations and commitments to the plan within a reasonable time frame so that full funding can be achieved.

Plan Changes

The strength of our defined benefit retirement system is that it is flexible.  Plan design changes are a normal part of a strong, sustainable defined benefit retirement system that provides security to dedicated public servants.  Change should be entertained with the balance between the needs of the state, the employers and the workers and should not merely be undertaken to reduce employer costs—to do so makes us less competitive and deprives the state and local governments of access to the most skilled future workers. 

The coalition strongly believes the makeup of the Board of Trustees is sound.  In fact the Commission voted against the recommendation for change.  If employees had had a greater involvement in the pension funds of Tyco and Enron, does anyone believe that the “experts” would have had the opportunity to mismanage these pensions costing many employees their life savings?  

Health care

No one should be forced to seek public assistance or rely on emergency rooms in their retirement—especially not the teachers, police officers, firefighters, and other employees who have made New Hampshire strong, educated and safe throughout their careers in public service. 

Health care costs are a national problem for families in every state.  Our coalition is ready to work with the Legislature and employers towards finding a solution to address the problem and achieve quality, affordable care.

Public employee and retiree health care benefits are not the real problem.  The real problem is the increased cost of health care for everyone nationwide, due to rising hospital costs, lack of control over prescription drug costs, new technologies, and people living longer.  We do not need to cut retired public workers’ health care benefits, we need to fix the broken health care system. 

 

              
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