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HomeMy WebLinkAbout17 - Grand Jury ResponsesCITY OF ,= NEWPORT BEACH n` City Council Staff Report September 23, 2014 Agenda Item No. 17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dan Matusiewicz, Finance Director—(949) 644-3123, dmatusiewicz@newportbeachca.gov PREPARED BY: Dan Matusiewicz, Director PHONE: (949) 644-3123 TITLE: Orange County Grand Jury Pension Report Responses ABSTRACT: On June 25, 2014, the Orange County Grand Jury released a report entitled "Orange County City Pension Liabilities — Budget Transparency Critically Needed." The Grand Jury conducted interviews with experts including senior staff from CalPERS and OCERS, Finance staff, and Human Resource staff from various Orange County agencies. The report concluded with various findings and recommendations generally calling for additional transparency in budgeting pension costs. Staff generally agreed with their recommendations - but not all. In most cases, City processes already conform to Grand Jury recommendations. The Grand Jury Report is attached as to this transmittal report, and includes City responses and staffs previous position paper addressing the Grand Jury report and other questions we have heard concerning pension liabilities. All Orange County cities are required to respond to each finding and recommendation. RECOMMENDATION: Authorize the City Manager's issuance of the attached response to the Grand Jury regarding pensions and pension transparency. FUNDING REQUIREMENTS: There are no funding requirements associated with this report. DISCUSSION: Recently the 2013-14 Grand Jury set out to investigate the ability of Orange County cities to address unfunded liabilities associated with the CalPERS and OCERS pension plans, the predominant pension plans of Orange County cities. The report states that based on a review of financial data publically available from the CaIPERS/OCERS pension systems and city budgets, and reviews of city internal budget and planning data with city finance managers; there were reasons to accept that OC cities are making plans to pay down (amortize) these unfunded liabilities and will be able to do so. The report notes that, "so long as OC cities meet their Annually Required Contributions (ARCs), the 17-1 unfunded liabilities should approach zero. OC cities so far have been able to meet CalPERS' ARCs." However, it was the conclusion of the Grand Jury that generally, published city budget data doesn't show this with great clarity. They note that this assessment is not an indicator that cities would be unable to address its unfunded liabilities, but rather the budget documents do not provide sufficient detail for the public to make this determination. Staff concurs that pension management is an important matter and that strategic decisions should be made publicly and transparently. We also agree that there is always room for improved budget transparency. However, recognizing that many pension matters are very complex, we do not believe that all pension analysis can be practically encapsulated in a budget document. Oftentimes such analyses are better suited for public meetings like the Finance Committee and City Council meetings, as well as community newsletters and long range planning documents. Please see the attached Grand Jury Report, City responses to the Grand Jury Report and staff's position paper called "in Focus" for more information. ENVIRONMENTAL REVIEW: This activity has been determined to be statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines. This statutory exemption applies to feasibility or planning studies for possible future actions, which have not been approved, adopted or funded and that do not have a legally binding effect on later activities. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - 2013-14 Grand Jury Report Orange County City Pension Liabilities Attachment B - City Response to Grand Jury Report Attachment C - Pension Liabilities In -Focus 17-2 ATTACHMENT A ORANGE COUNTY CITY PENSION LIABILTIES Budget Transparency Critically Needed GRAND JURY 2013-2014 17-3 Table of Contents SUMMARY................................................................................................................................... 4 REASON FOR THE STUDY...................................................................................................... 6 BACKGROUND AND FACTS................................................................................................... 8 SomeKey Terms Defined....................................................................................................... 10 Overviews of CalPERS and OCERS.....................................................................................11 Pension Reform in California(PEPRA)................................................................................13 Unfunded liabilities of CalPERS and OCERS are both large and volatile ........................ 13 METHOD OF STUDY...............................................................................................................17 ANALYSIS..................................................................................................................................17 CalPERS Data on Unfunded Pension Liabilities of OC Cities ........................................... 17 PerCapita Assessment............................................................................................................ 19 Assessment of Unfunded Liabilities as a Percent of General Fund Revenues ................... 20 Calculating Unfunded Liabilities using Market Value instead of Actuarial Value of Assets........................................................................................................................................ 21 GrandJury Interviews............................................................................................................ 23 Interviewswith CalPERS....................................................................................................... 24 Interviewwith OCERS........................................................................................................... 25 Interviews with City Human Resource Managers................................................................. 27 Interviews with City Finance Managers................................................................................ 28 Assessment of Budget Information Available Online.......................................................... 30 General budget information available online....................................................................... 31 Pension specific budget information available online.......................................................... 32 The impact of OC cities' outsourcing for public safety on transparency of budget information — a tale of two cities........................................................................................... 32 Conclusions.............................................................................................................................. 35 FINDINGS................................................................................................................................... 35 RECOMMENDATIONS............................................................................................................ 36 REQUIRED RESPONSES......................................................................................................... 38 APPENDICES.... 41 17-4 ORANGE COUNTY CITY PENSION LIABILTIES AppendixA — Acronyms......................................................................................................... 42 AppendixB — Glossary........................................................................................................... 43 Appendix C — A Brief Primer on Pensions........................................................................... 45 Pensions and their purpose................................................................................................... 45 Two major types of pension plans......................................................................................... 46 How pension benefits are specified....................................................................................... 47 How pension benefits (actuarial liabilities) for retired members are computed .................. 47 How pension (actuarial liabilities) for active members are computed ................................. 47 Actuarial Accrued Liability................................................................................................... 47 Actuarial Value of Assets....................................................................................................... 47 What it means to say a pension has unfunded liabilities....................................................... 47 2013-2014 Orange County Grand Jury Page 3 17-5 ORANGE COUNTY CITY PENSION LIABILTIES SUMMARY Orange County (OC) cities rely almost entirely on two pension systems for their Public Safety (fire and police) and "Miscellaneous" employees (basically everyone except fire or police), both for their retirees and for current employees who will retire in the years ahead. Those two pension systems are 1) the California Public Employees Retirement System (Ca1PERS) and 2) the Orange County Employee Retirement System (OCERS) for cities which outsource their police services to the Orange County Sheriffs Department (OCSD) and/or their fire services to the Orange County Fire Authority (OCFA). Current assets of both systems fall far short of what is needed to pay current and future retirees. Ca1PERS at the state level had assets of $236.8 billion, liabilities of $340.4 billion, unfunded liabilities of $103.6 billion and a funding ratio of 70% as of June 30, 2012'. OCERS had assets of $9.5 billion, liabilities of $15.1 billion, unfunded liabilities of $5.7 billion and a funding ratio of 63% as of December 31, 2012'. The 2013-2014 Grand Jury investigated the ability of OC cities to recover from these unfunded liabilities. Reviews of public financial data from the Ca1PERS/OCERS pension systems and city budgets, and more importantly reviews of city internal budget and planning data with city finance managers showed that there were reasons to accept that OC cities are making plans to pay down (amortize) these unfunded liabilities and will be able to do so. There are important actions being taken by cities which provide some assurance that OC cities' optimism that they can recover from their unfunded pension obligations has some basis in reality. Most important of these is that CalPERS and OCERS are committed to amortize their unfunded pension liabilities over the next 20-30 years to zero via Annual Required Contributions (ARCS) from the agencies they support. So long as OC cities meet their ARCs, the unfunded liabilities should approach zero. OC cities so far have been able to meet CaIPERS' ARCS. OC cities' relationships with OCERS are more complex, but cities have also been able so far to pay for their outsourced fire/police services. Both the OCSD and the OCFA have their own unfunded pension obligations with OCERS. However, so long as the amortization of OCSD/OCFA unfunded liabilities is reflected in the costs of their services to the cities they support, and so long as the cities can pay these costs, these unfunded OCERS liabilities will be amortized as well. In addition some cities have been successful in negotiating with their employee bargaining units for their employees to carry a larger portion of the burden of pension costs and in some cases for 'Comprehensive Annual Financial Report, Fiscal Year Ended June 30, 2013, page 132, http://www.calpers.ca.aov/eip-docs/about/pubs/cafr- 2013.ml ' OCERS by the Numbers, 2012, page 26, http://www.occm.ora/pdf/Dublicationsfbrachures/bythmumben.v 2013-2014 Orange County Grand Jury Page 4 17-6 ORANGE COUNTY CITY PENSION LIABILTIES reduced benefits. This reduces the future overall costs of pensions and frees up funds that these cities can apply to amortizing their unfunded liabilities. Some cities are also looking at accelerating their amortization of unfunded pension liabilities. Another long term factor in reducing unfunded pension liabilities is the Public Employees' Pension Reform Act (PEPRA), which went into effect January 1, 2013. However, since the reforms only affect employees hired after January, 2013, it will be many years before these reforms will have an impact on unfunded liabilities. Unfunded pension liabilities can be extremely volatile because they are driven by two unpredictable elements: 1. Occasional extreme fluctuations in the market value of assets 2. Changes to key actuarial assumptions, and especially changes to assumed future rates of return on investments Hence, budgeting to reduce unfunded pension liabilities presents particular challenges for cities: 1. Pension catch up contributions typically comprise a significant percentage of projected city General Fund expenditures 2. Projected annual contributions to catch up on unfunded liabilities are ramped up over two to five years by Ca1PERS and OCERS. The impact of amortizing unfunded liabilities is not completely revealed by looking only one year into the future, which is typically as far as city budgets are projected 3. Unlike most planned city expenditures, there is essentially no way to reduce or defer required pension contributions in future years 4. Projected unfunded pension liabilities are at risk of large changes year to year because Annual Required Contributions are so dependent on the fluctuating market value of assets and on key actuarial assumptions used in calculating the liabilities Unfortunately, after examining a large sample of OC cities' budgets published online, the Grand Jury found those budgets to be inadequate to establish any confidence that these cities are addressing their unfunded pension liabilities. There are several reasons for this: 1. Cities typically do not show explicit line items for amortizing their unfunded pension liabilities 2. Cities typically only show budget projections one year into the future 3. Cities that outsource fire and/or police services to Orange County Sheriffs Department and/or Orange County Fire Authority typically provide minimal detail on planned future expenditures for these services even as OCSD/OCFA deal with their own unfunded pension liabilities with OCERS 2013-2014 Orange County Grand Jury Page S 17-7 ORANGE COUNTY CITY PENSION LIABILTIES It is extremely important to note the Grand Jury's assessment that a city's published budget data is inadequate to establish confidence that a city will be able to address its unfunded pension liabilities is not the same thing as an assessment that the city will be unable to address its unfunded liabilities. The 2013-2014 Grand Jury is very concerned that although cities have somewhat improved the transparency of their budgets (partly in response to prior Grand Jury recommendations), members of the public of Orange County cities will still find it difficult or impossible to understand the current and changing impacts of unfunded pension liabilities on their city budget. Of special concern to the Grand Jury is the lack of any traceability of OCERS OCSD/OCFA unfunded pension liabilities to the budgets of cities which outsource to these agencies. Given the potential impact of unfunded pension liabilities on Orange County cities and the current lack of information visible to the public, the Grand Jury finds that it is critically urgent that Orange County cities increase the transparency of this information. The Grand Jury believes that a better informed public will more effectively engage with their political leadership to address budget problems including the impact of large and volatile unfunded pension liabilities. There is, of course, the added benefit that being required to show budget planning further into the future and at a greater depth will require greater thoughtfulness on the part of cities in preparing such budgets. The 2013-2014 Grand Jury also believes that a discussion of the critical assumptions which form the basis in projecting out -year budgets and the associated risks inherent in these assumptions is needed as part of any city's budget. REASON FOR THE STUDY Orange County cities are obligated to provide on-going pension benefits to retired employees (and often to those employees' survivors) and to current employees who will retire sometime in the future. These cities use two major pension systems to provide these pensions: the California Public Employees' Retirement System (CalPERS) and the Orange County Employee Retirement System (OCERS). Significant portions of these pension systems are unfunded. Pensions for public employees are taking larger and larger percentages of OC City budgets both for contributions to fund future pensions for current employees and to make up for insufficiently funded pension obligations for retired employees. Cities are also dealing with their need to have current employees contribute more toward their retirement. This report examines the size of OC cities' unfunded pension liabilities for both their general/administrative/ technical personnel and for their public safety personnel. It also examines metrics to help understand the relative financial impacts of unfunded liabilities on OC cities. 2013-2014 Orange County Grand Jury Page 6 17-8 ORANGE COUNTY CITY PENSION LIABILTIES Media stories have raised major concerns that unfunded pension obligations are not only growing, but are growing exponentially at all levels of government. Unfunded pension liabilities with the Ca1PERS system have led two California cities to contemplate bankruptcy as a means of dealing with the problem, although such drastic steps have been avoided so far. The 2013-2014 Grand Jury is aware that there is a political element to any discussion of unfunded pension liabilities. Unions may view the problem as being exaggerated as a means to weaken the power of public employee unions and strip hard-won benefits and influence future negotiations. Others are concerned with the affordability of pensions that many people describe as "generous". The Public Employee Pension Reform Act (PEPRA) took effect in 2013 and is designed to end practices and policies that permitted very high pension payments to some retirees. No doubt some unfunded pension liabilities can be attributed to these practices, and it is true that most current employees are not subject to these reforms because they apply only to employees hired after January 1, 2013. However, the main contributors to current unfunded liabilities are the result of the Great Recession and changing actuarial assumptions. The focus of this report is forward looking. In whatever fashion OC cities got to their present situation, the unfunded liabilities are real and must be dealt with. The objectives of this report are to: 1. provide factual information about the extent of unfunded city pension obligations 2. provide sufficient background information on pensions such that members of the public can follow and engage in informed discussion on unfunded pension obligations and their impact on a city 3. assess the availability and utility of pension information in city budgets The public commitment to addressing the issues in a timely manner and accepting some pain now and not pushing the issues off to the future must be in place. If unfunded pension liabilities are not addressed, cities could reach a crisis where outcomes are painful enough that they affect the quality of life in Orange County. Money spent by OC cities to deal with unfunded pension obligations necessarily comes at the expense of other services cities provide to their residents. Catch up contributions to amortize these unfunded liabilities can be a significant expenditure in a city's budget, and the growth and unpredictability of these unfunded liabilities make it difficult to budget for future years. Orange County cities made painful cuts in services to their residents in response to the 2008 Great Recession and would like to restore these services as the economy recovers. However, restoration of services will be delayed or even further reduced in many cities until unfunded liabilities are dealt with. As a necessary part of the report's discussion of pension funding, some basic explanations of key pension related terms are provided. The Grand Jury hopes this background will be an additional 2013-2014 Orange County Grand Jury Page 7 17-9 ORANGE COUNTY CITY PENSION LIABILTIES benefit of the report in helping the OC electorate to understand and make informed decisions in response to pension funding issues when they are discussed. Although Orange County is relatively wealthy compared to many other California counties, unfunded pensions are still an issue for the county, its cities, and other county governmental entities. Although unfunded pension liabilities are a problem for every County governmental entity, due to the limited Grand Jury resources, this report focuses on pension issues for the 34 cities in Orange County. Another motivation for this choice is that discussions of unfunded pension liabilities in the media have typically not gone to the level of detail of individual cities. A prior 2011-2012 Grand Jury report' identified the need for greater transparency in public employee compensation, especially in the area of employee pension costs. That report was well written and had very valid recommendations. Subsequent to that report city budgets now contain far more pension information for individual classes of employees, indeed sometimes down to individual positions. However, the pension costs are not summarized in most city budgets such that the cumulative costs of current employee pension obligations are visible. It is not possible to see the forest for the trees. In addition, the focus of the 2011-2012 Grand Jury report was on transparency of city pension -related compensation for current employees in city budgets. The need for transparency on the cumulative effect of pension obligations for both current and retired employee and on the impact of unfunded pension liabilities was not addressed. This report does not examine other pension systems of importance to Orange County, which definitely have their own unfunded pension liabilities. In particular Special Districts, Teacher Retirement Systems, and Community College Districts are not studied. This report also does not address the other elephant in the room, which is a post-retirement obligation for medical care and similar non -pension benefits, an issue which deserves attention similar to that needed for pension funding. BACKGROUND AND FACTS Table 1 lists the 34 Orange County cities alphabetically, their population, and the pension systems they use. Note that some OC cities which use CalPERS for their Miscellaneous (non - safety) employees' pensions also have "outsourced" public safety (police and/or fire protection) to County agencies. Some cities contract with the Orange County Sheriff's Department (OCSD) for police services, some with the Orange County Fire Authority (OCFA) for fire protection and medical response services, and some cities contract with both. Cities that outsource for public safety services also inherit pension obligations (and any associated funding issues) from the County agencies to which they have outsourced. Ten OC cities rely on Ca1PERS for pensions 3 `TRANSPARENCY BREAKING UP COMPENSATION FOR—BUT WHYHIDE PENSION COSTS', 2011-2012 Orange County Grand Jury Report, http://www.ocemndiurv.orpJt)dfs/t sparencvbreakineuncomponsationfoe.pdf 2013-2014 Orange County Grand Jury Page 8 17-10 ORANGE COUNTY CITY PENSION LIABILTIES for all their public safety as well as their non-public safety employees, eleven for one but not both of their public safety services, and thirteen outsource both fire and police services. Table 1. Orange County Cities, Population, and Pension Systems City Popula- tion Non -Safety Employee Retirement System Safety Employee - Police Protection Safety Employee - Fire Protection Aliso Viejo 47,823 CalPERS Outsourced - OCSD Outsourced - OCFA Anaheim 336,365 CalPERS Inhouse - CalPERS Inhouse - CaIPERS Brea 39,282 CalPERS Inhouse - CalPERS Inhouse - CaIPERS Buena Park 80,530 CalPERS Inhouse - CalPERS Outsourced -OCFA Costa Mesa 109,960 CalPERS In house - CalPERS In house - CaIPERS Cypress 47,802 CalPERS Inhouse - CalPERS Outsourced -OCFA Dana Point 33,351 CalPERS Outsourced - OCSD Outsourced - OCFA Fountain Valley 55,313 CalPERS In house - CalPERS In house - CaIPERS Fullerton 135,161 CalPERS Inhouse - CalPERS Inhouse - CalPERS Garden Grove 170,883 CalPERS In house - CalPERS In house - CaIPERS Huntington Beach 189,992 CalPERS In house - CalPERS In house - CaIPERS Irvine 212,375 CalPERS Inhouse - CalPERS Outsourced -OCFA La Habra 60,239 CalPERS In house - CalPERS LA County FD La Palma 15,568 CalPERS Inhouse - CalPERS Outsourced -OCFA Laguna Beach 22,723 CalPERS Inhouse - CalPERS Inhouse - CalPERS Laguna Hills 30,344 CalPERS Outsourced - OCSD Outsourced - OCFA Laguna Niguel 62,979 CalPERS Outsourced - OCSD Outsourced - OCFA Laguna Woods 16,192 CalPERS Outsourced - OCSD Outsourced - OCFA Lake Forest 77,264 CalPERS Outsourced -OCSD Outsourced -OCFA Los Alamitos 11,449 CalPERS Inhouse - CalPERS Outsourced -OCFA Mission Viejo 93,483 CalPERS Outsourced - OCSD Outsourced - OCFA Newport Beach 85,287 CalPERS Inhouse - CalPERS Inhouse - CalPERS Orange 136,416 CalPERS Inhouse - CalPERS Inhouse - CalPERS Placentia 50,533 CalPERS Inhouse - CalPERS Outsourced -OCFA Rancho Santa Margarita 47,853 CalPERS Outsourced -OCSD Outsourced -OCFA San Clemente 63,522 Great West Outsourced - OCSD Outsourced - OCFA San Juan Capistrano 34,593 OCERS Outsourced - OCSD Outsourced - OCFA Santa Ana 329,427 CalPERS Inhouse-CaIPERS Outsourced -OCFA Seal Beach 24,168 CalPERS In house -CaIPERS Outsourced -OCFA Stanton 38,186 CalPERS Outsourced - OCSD Outsourced - OCFA Tustin 75,540 CalPERS Inhouse-CaIPERS Outsourced -OCFA Villa Park 5,812 none Outsourced - OCSD Outsourced - OCFA Westminster 89,701 CalPERS Inhouse-CaIPERS Outsourced -OCFA Yorba Linda 64,234 CalPERS Outsourced -OCSD Outsourced -OCFA 2013-2014 Orange County Grand jury Page 9 17-11 ORANGE COUNTY CITY PENSION LIABILTIES Some notes on Table 1 follow: 1. Population data is from 2010 Census (except for Mission Viejo and Santa Ana where the data is from 2011) 2. Population data will be used later in the report as a way of scaling the size of unfunded liabilities on a per capita basis. (Using consistent census data, even if a bit old, does allow for a better apples -to -apples comparison among cities.) 3. La Habra in North OC outsources its fire protection to the adjacent Los Angeles County Fire Department 4. San Clemente uses Great West Retirement Systems for its non -safety employees, although it is considering transferring to Ca1PERS for these employees. It currently uses Ca1PERS for its five lifeguards 5. Villa Park no longer uses Ca1PERS for its non -safety employees, but unfunded liabilities still exist since the city previously did use CalPERS for pensions for these employees 6. Some Ca1PERS data later in the report is provided for "Safety" without specifying whether Safety includes Police or Fire or both. In other cases Ca1PERS provides data separately for Police and Fire 7. Many cities that currently outsource for fire and/or police services previously used in- house employees for these services and still use Ca1PERS for those retired employees and for the pension obligations incurred before active employees transferred to OCFA/OCSD Some Key Terms Defined Pension systems receive contributions from current employees and from their employers and accumulate and invest these assets to generate the stream of pension payments (the system's liabilities) for their members. The difference between the assets they hold and the assets they should have on hand to meet their current pension payout obligations and to invest for future pension payments are their unfunded liabilities. The ratio of total assets to total liabilities is the "Funded Ratio" for each pension system. Pension systems specify Annual Required Contributions from employers that are comprised of current employee pension contributions, corresponding employer contributions, and catch up contributions from employers to amortize their unfunded obligations. Appendix B provides an extensive glossary of pension related terms. Appendix C provides a general background discussion of pensions. 2013-2014 Orange County Grand Jury Page 10 17-12 ORANGE COUNTY CITY PENSION LIABILTIES Overviews of CaIPERS and OCERS Both CaIPERS and OCERS provide top level descriptions in their Annual Financial Reports that give excellent summaries of their systems, their scope, and some key financial indicators. Extracts from these publications are provided below. California Public Employees' Retirement System (CaIPERS) Overview from its Comprehensive Annual Financial Report (CAFR) 2013` "Established by legislation in 1931, the System became operational in 1932 for the purpose of providing a secure retirement to State employees. A defined benefit retirement plan, CaIPERS provides benefits based on a member's years of service, age, and highest compensation. The California Public Employees' Retirement System (CaIPERS) is now the nation's largest public pension fund with total net position in the Public Employees' Retirement Fund (PERF) of $262.0 billion as of June 30, 2013. CaIPERS membership consists of 1,104,237 active and inactive members and 574,759 retirees, beneficiaries, and survivors. The PERF paid $16.6 billion in retirement benefits to 566,975 annuitants during the Fiscal Year 2012-2013, compared with $15.4 billion paid to 543,722 annuitants during the Fiscal Year 2011-2012. Benefit payments increased primarily due to an increase in the number of retirees and the average benefit amount, including cost -of -living - adjustments (COLA). As of June 30, 2012, the date of the most recent actuarial valuation, the PERF was funded at 83.1 percent, based on the actuarial value of assets. A better measure of benefit security is the funded status on the market value of assets basis. On that basis, as a result of the 0.14 percent investment return in 2011-2012, the funded status declined from 73.6 percent at June 30, 2011 to 69.6 percent at June 30, 2012. CaIPERS is making good progress recovering from the financial crisis of 2008-2009 and Great Recession. As of June 30, 2013, the PERF was approximately 74 percent funded. The past fiscal year produced a landmark pension reform law in California called the Public Employees' Pension Reform Act (PEPRA), which went into effect on January 1, 2013. The reforms apply to nearly all California public employee pension systems, including CaIPERS, and generally to public employees hired on January 1, 2013, or later, but not to public employees hired before the effective date." Comprehensive Annual Financial Report, Fiscal Year Ended June 13, 2013, CaIPERS document located at http://w .calpm.ca.gov/eip- docs/about/pubs/20I3-executive-summary.pdf 2013-2014 Orange County Grand Jury Page 11 17-13 ORANGE COUNTY CITY PENSION LIABILTIES Orange County Employee Retirement System (OCERS) Overview from its Comprehensive Annual Financial Report (CAFR) 2012' "OCERS is a public retirement system that provides service retirement, disability, death and survivor benefits, administered in accordance with the County Employees Retirement Law of 1937 (Government Code Section 31450, et seq.), to its members. Member pension benefit payments increased by $46.3 million or 9.6% in 2012. The number of retired members and beneficiaries receiving a benefit payment increased 5% from 13,289 payees at the end of 2011 to 13,947 as of December 2012. The average annual benefit paid to retired members and beneficiaries during 2012 was $38,020 an increase of 4.4% over the average annual benefit payment of $36,422 in 2011. Contributions received from employers and employees totaled $629.0 million in 2012, an increase of 2.3% compared to 2011 contributions received of $614.8 million. The net year-to-date rate of return on investments on a fair value basis was approximately 12.26% in 2012, up from 0.74% return earned in 2011. OCERS maintains a funding goal to establish contributions that fully fund the System's liabilities, and that, as a percentage of payroll, remain as level as possible for each generation of active members. Based upon the most recent actuarial valuation as of December 31, 2012, prepared by the System's independent actuary, OCERS funding status for the pension plan, as measured by the ratio of the actuarial value of assets (which smooths market gains and losses over five years) to the actuarial value of liabilities, decreased from 67.03% at December 31, 2011 to 62.52% at December 31, 2012 due primarily to the impact of decreasing the investment assumed rate of return from 7.75% to 7.25%. The December 31, 2012, OCERS funding status of 62.52% reflected a UAAL [Unfunded Actuarial Accrued Liability] of $5.7 billion. OCERS funding status when measured using market value of assets was 63.17% at the end of 2012 compared to 62.60% at the end of 2011. OCERS had been using a 7.75 % assumed rate of return in its annual actuarial valuations since 2004. In 2011, the Board [of Retirement] received a recommendation from the System's actuary to reduce the assumed rate of return to either 7.5% or 7.25%. After a thorough review and lengthy discussions, the Board decided to maintain the existing assumption and revisit the matter in 2012 after they considered the revision to the investment asset allocation policy. Even with the subsequent improved projections for the revised asset allocation then evident, the System's actuary again recommended the System's rate of return be reduced to either 7.50% or 7.25%. The Board adopted 7.25% 5 Comprehensive Annual Financial Report for the Fiscal Year Ended December 31, 2012, OCERS document 2013-2014 Orange County Grand Jury Page 12 17-14 ORANGE COUNTY CITY PENSION LIABILTIES as the System's assumed rate of return to be effective with the 2012 actuarial valuation. The ensuing cost impact to the employer's contribution rate as a result of this assumption change will be phased -in over two years." Pension Reform in California (PEPRA) Recent reforms in California's public employee retirement systems have tried to address pension cost drivers. These reforms have created two classes of employees: 1) employees who were members of a California public employee pension system prior to January 1, 2013 ("Legacy"), and 2) employees hired after January 1, 2013, who at the time of hiring were not members of a California public employee pension system ("New"). Briefly excerpted below are highlights of the pension reform legislation published by The California State Association of Counties`: "Two bills (AB 340 and AB 197) enacted the California Public Employees' Pension Reform Act (PEPRA). AB 340 made several changes to the pension benefits that may be offered to employees hired on or after January 1, 2013, including setting a new maximum benefit, a lower-cost pension formula for safety and non -safety employees with requirements to work longer in order to reach full retirement age and a cap on the amount used to calculate a pension. Among other things, AB 340 also enacted pension spiking reform for new and existing employees, required three-year averaging of final compensation for new employees, and provided counties with new authority to negotiate cost-sharing agreements with current employees." These reforms will mitigate the pension problem in the long term. However, since these reforms generally only apply to New employees, there remains a large problem to be dealt with in the next 10-30 years, which is pension payments for employees already retired or covered as Legacy employees under the prior and far more generous pre-PEPRA rules. Given the slow rate of hiring by cities and the grandfathering of Legacy employees, it will be a long time before these reforms have any significant impact on pension liabilities. Unfunded liabilities of Ca1PERS and OCERS are both large and volatile Table 2 shows a history of the unfunded Public Employees' Retirement Fund (PERF) liabilities for CalPERS, both as dollar amounts and in terms of funding ratio of assets divided by liabilities.' Unfunded liabilities varied dramatically between 2003 and 2012 from $36.6 billion in unfunded liabilities in 2003 down to ($2.9) billion (parentheses indicate a negative number, which in turn implies an overfunded state) in 2007 and back up to $103.6 billion in 2012. The Great Recession from December 2007 to June 2009 led to the CalPERS funding ratio dropping dramatically from 101% in June of 2007 to 61% in June of 2009. 6California State Association of Counties, "2013 Public Employees Pension Reform Act Resources", http://www.csac.counties.org/2013-public- emulovees-pension-reform-act-resources 7 Comprehensive Annual Financial Report, Fiscal Year Ended June 30, 2013, page 132, htty,//www.calpers.ca.eov/ein-docs/about/pubs/cafr- 2013.ndf 2013-2014 Orange County Grand Jury Page 13 17-15 ORANGE COUNTY CITY PENSION LIABILTIES Table 2. Unfunded Accrued Liabilities Historical Data for Ca1PERS Actuarial Valuation Date Actuarial Accrued Liabiity (AAL) Market Value of Assets UAAL Funded Ratio - Market Value of Assets Basis 6/30/2003 $180,922 $144,330 $36,592 79.77% 6/30/2004 $194,609 $167,110 $27,499 85.87% 6/30/2005 $210,301 $189,103 $21,1981 89.92% 6/30/2006 $228,131 $211,188 $16,943 92.57% 6/30/2007 $248,224 $251,162 -$2,938 101.18% 6/30/2008 $268,324 $238,041 $30,283 88.71% 6/30/2009 $294,042 $178,860 $115,182 60.83% 6/30/2010 $308,343 $201,632 $106,711 65.39% 6/30/2011 $328,567 $241,740 $86,827 73.57% 6/30/2012 $340,429 $236,800 $103,6291 69.56% Dollars are in Millions Figure 1 and Table 3 below are from an OCERS paper "The Evolution of OCERS Unfunded Actuarial Accrued Liability"! These data show the dramatic growth of unfunded pension liabilities in the OCERS system not dissimilar to CatPERS' experience. However, the data also provide a good example of why focusing on the raw dollars does not paint a complete picture and that funding ratios are needed to paint a complete picture. Figure 1 shows the OCERS pension system's accrued liabilities going from a small overfunded status in 2000 to an unfunded status approaching $5.7 billion by 2012. What is missing from Figure 1 is the fact that the OCERS assets were also growing fairly dramatically during this period, although not fast enough to keep up with liabilities growth. Table 3 shows the same dramatic growth in OCERS unfunded liabilities as shown in Figure 1, but also shows the growth in value of OCERS assets paralleling the growth in liabilities. Unfortunately, asset growth did not keep up well enough with liabilities growth to avoid a significant decline in funding ratio. OCERS went from a funding ratio of 104% in 2000 to 63% in 2012. However, it should be noted that the funding ratio was relatively stable between 2004 and 2010 while at the same time the unfunded liability went from $2.2 billion to $3.8 billion. Media coverage that only deals in terms of unfunded liabilities without looking at funding ratios is misleading. a The Evolution of OCERS Unfunded Actuarial Accrued Liability, dated December 31, 2012, httn://www.ocm.ora/odf/finance/actuarial/evolution of ocers uaal.ndf 2013-2014 Orange County Grand Jury Page 14 17-16 ORANGE COUNTY CITY PENSION LIABILTIES Changes in the value of assets are not the only source of volatility in unfunded liabilities. For example, the seemingly small OCERS change in December, 2012, from an assumed rate of return on investments of 7.5% down to 7.25% caused the County of Orange's projected county retirement costs in 2015-2016 to grow by $50 million from $377 to $427 million! Figure 1. Unfunded Accrued Liabilities Historical Data for OCERS [The Y axis in OCER's paper should have indicated dollars are in thousands.] ' County of Orange 2012 Strategic Financial Plan, December 18, 2012. htto://cams.oc2ov.com/Web Publisher Sam/A2mdal2 18 2012 files/images/56-12182012.PDF 2013-2014 Orange County Grand Jury Page 15 17-17 OCERS Total UAAL uaroao9 ss.oa9.o90 $<.999.999 59,o61eo99 $ZOM B ■wau SL0MM '.1986 1987 1988 1989 1990 1991 1991 M n% 1995 1996 199! 1998 1999 2000 2001 2002 20M 2001 ZOOS 2006 1001 1008 2009 2010 20a 2012 Sllo99,a991 [The Y axis in OCER's paper should have indicated dollars are in thousands.] ' County of Orange 2012 Strategic Financial Plan, December 18, 2012. htto://cams.oc2ov.com/Web Publisher Sam/A2mdal2 18 2012 files/images/56-12182012.PDF 2013-2014 Orange County Grand Jury Page 15 17-17 ORANGE COUNTY CITY PENSION LIABILTIES Table 3. Historical OCERS Assets, Unfunded Liabilities, and Funding Ratios Actuarial Valuation Date December 31 Valuation Value of Plan Assets Total Unfunded Actuarial AccruedLiabiliity (UAAL) Funded Ratio 1985 $613,863 $462,121 57.05% 1986 $713,506 $507,409 58.44% 1987 $821,884 $522,098 61.16% 1988 $985,030 $468,828 67.75% 1989 $1,136,210 $515,778 68.78% 1990 $1,297,575 $543,340 70.49% 1991 $1,576,131 $196,763 88.84% 1992 $1,807,319 $332,763 84.45% 1993 $2,024,447 $280,572 87.83% 1994 $2,177,673 $372,386 85.40% 1995 $2,434,406 $199,478 92.43% 1996 $2,675,632 $176,262 93.82% 1997 $3,128,132 $204,835 93.85% 1998 $3,504,708 $177,978 95.17% 1999 $3,931,744 $85,535 97.87% 2000 $4,497,362 ($162,337) 103.74% 2001 $4,586,844 $257,055 94.69% 2002 $4,695,675 $978,079 82.76% 2003 $4,790,099 $1,309,334 78.53% 2004 $5,245,821 $2,158,151 70.85% 2005 $5,786,617 $2,303,010 71.53% 2006 $6,466,085 $2,298,960 73.77% 2007 $7,288,900 $2,549,786 74.08% 2008 $7,748,380 $3,112,335 71.34% 2009 $8,154,687 $3,703,891 68.77% 2010 $8,672,592 $3,753,281 69.79% 2011 $9,064,355 $4,458,623 67.03% 2012 $9,469,208 $5,675,680 62.52% 2013-2014 Orange County Grand Jury Page 16 17-18 ORANGE COUNTY CITY PENSION LIABILTIES METHOD OF STUDY The Grand Jury took the actions listed below to accomplish this study: 1. Interviews were conducted with HR managers from three selected cities concerning their pension systems. 2. Interviews were conducted with finance managers from three selected cities concerning their pension systems. 3. Interview(s) were conducted with CalPERS experts on how they compute the value of their assets, project their future liabilities, and identify and deal with unfunded pension liabilities. Key actuarial assumption changes recently made and other changes that may occur in the near future and their impact on unfunded liabilities were also discussed as well as the impact of pension reform and further pension reforms being contemplated. 4. Interviews were conducted with OCERS senior managers on how they handle unfunded pension liabilities. 5. Analyses were made of Ca1PERS-provided data on unfunded liabilities for each city's Public Safety (Fire and Police) and Miscellaneous (i.e., their management and administrative staff or more simply stated - their non -Public Safety staff) employees. The analysis looked at the absolute dollar values of the unfunded liabilities as well as measuring the liabilities on a per capita basis and relative to the size of the General Funds of each city. 6. Criteria for minimum expectations for budget content and quality were identified and an assessment of OC city budget data published online against these criteria was conducted. ANALYSIS CalPERS Data on Unfunded Pension Liabilities of OC Cities CalPERS provided the 2013-2014 Grand Jury with the funding status of each Miscellaneous/ Safety pension plan which CalPERS provides for OC cities as shown earlier in Table 1. Table 4 shows data as of June 30, 2012, for those 34 OC cities. The city of Anaheim, which uses CalPERS for all its employees including fire and police, has an unfunded liability totaling $612 million. The city of Santa Ana has an unfunded liability totaling $461 million, and this total does not include any unfunded pension liabilities carried by the OCFA to whom Santa Ana outsources its fire protection. The highest funding ratios (around 80%) are for "Second Tier" plans which pay a lower percentage of final salary and set a much higher minimum age of retirement. The rest of the plans vary significantly among OC cities, having funding ratios from a high of 77.5% to a low of 2013-2014 Orange County Grand Jury Page 17 17-19 ORANGE COUNTY CITY PENSION LIABILTIES 59%. The aggregate unfunded CalPERS pension liabilities of the 34 OC cities shown in Table 2 using Market Value of Assets (the current baseline approach) is over $3.3 billion dollars. It is important to note that Table 4 does not show the total exposure to unfunded pension liabilities for those cities which outsource fire and/or police services to OCFA and OCSD, respectively and should be read accordingly. (Table 1 showed which cities outsourced these services.) Table 4. Unfunded Pension Liabilities by City and Plan Using Market Value of Assets CITY PLAN Accrued Liability Market Value of Assets UAL Funded Ratio ALISO VIEJO MISCELLANEOUS $2,570,113 $1,983,533 $586,580 77.2% Anaheim MISCELLANEOUS $1,045,037,179 $712,496,875 $332,540,304 68.2% Anaheim SAFETY POLICE $565,213,783 $395,053,409 $170,160,374 69.9% Anaheim SAFETY FIRE $345,724,884 $236,154,719 $109,570,165 68.3% Brea SAFETY $191,751,7501 $127,377,145 $64,374,605 66.4% Brea MISCELLANEOUS $102,226,046 $72,815,975 $29,410,071 71.2% BUENA PARK SAFETY $185,001,886 $136,426,394 $48,575,492 73.7% BUENA PARK MISCELLANEOUS $109,953,460 $77,968,001 $31,985,459 70.9% Costa Mesa MISCELLANEOUS $225,186,488 $141,225,952 $83,960,536 62.7% Costa Mesa SAFETY POLICE $212,645,063 $129,017,818 $83,627,245 60.7% COSTA MESA SAFETY FIRE $161,328,098 $100,677,450 $60,650,648 62.49/ CYPRESS SAFETY $65,259,215 $47,574,444 $17,684,771 72.9% Cypress MISCELLANEOUS $58,995,020 $44,534,686 $14,460,334 75.5% DANA POINT MISCELLANEOUS $14,606,788 $11,273,064 $3,333,724 77.2% FOUNTAIN VALLEY SAFETY 1STTIER $144,802,443 $99,113,405 $45,689,038 68.4% FOUNTAIN VALLEY MISCELLANEOUS 1STTIER $78,548,900 $51,520,993 $27,027,907 65.6% FOUNTAIN VALLEY SAFETY POLICE 2NDTIER $100,138 $75,901 $24,237 75.8% FOUNTAIN VALLEY MISCELLANEOUS 2ND TIER $31,032 $24,768 $6,264 79.8% FOUNTAIN VALLEY SAFETY FIRE 2NDTIER $422 $315 $107 74.6% Fullerton SAFETY $372,812,731 $247,403,994 $125,408,737 66.4% Fullerton MISCELLANEOUS $227,961,576 $170,608,016 $57,353,560 74.8% Garden Grove SAFETY $387,791,595 $251,498,319 $136,293,276 64.9% Garden Grove MISCELLANEOUS $231,098,351 $155,545,807 $75,552,544 67.3% Huntington Beach SAFETY $552,535,708 $350,648,228 $201,887,480 63.5% Huntington Beach MISCELLANEOUS $431,175,037 $298,603,254 $132,571,783 69.3% Irvine MISCELLANEOUS $262,485,223 $168,840,560 $93,644,663 64.3% Irvine SAFETY $162,425,349 $114,537,221 $47,888,128 70.5% LA HABRA SAFETY $124,453,943 $87,149,408 $37,304,535 70.0% La Habra MISCELLANEOUS $79,216,276 $59,609,354 $19,606,922 75.2% LA HABRA SAFETY POLICE 2NDTIER $753 $563 $190 74.8% LA PALMA SAFETY $33,248,911 $24,518,826 $8,730,085 73.7% LA PALMA MISCELLANEOUS $22,117,712 $16,031,551 $6,086,161 72.5% LA PALMA SAFETY 2ND TIER $7,511 $5,8951 $1,616 78.5% LA PALMA MISCELLANEOUS 2ND TIER 1 $576 $460 $1161 79.9% 2013-2014 Orange County Grand Jury Page 18 17-20 ORANGE COUNTY CITY PENSION LIABILTIES CITY PLAN Accrued Liability Market Value of Assets UAL Funded Ratio Laguna Beach MISCELLANEOUS $80,291,956 $55,443,941 $24,848,015 69.1% LAGUNA BEACH SAFETY POLICE $57,585,435 $42,465,368 $15,120,067 73.7% LAGUNA BEACH SAFETY FIRE $45,735,935 $33,727,163 $12,008,772 73.7% LAGUNA BEACH SAFETY LIFEGUARD $4,662,336 $3,533,903 $1,128,433 75.89/ LAGUNA BEACH SAFETY FIRE 2ND TIER $21,221 $16,085 $5,136 75.89/ LAGUNA BEACH SAFETY POLICE 2ND TIER $119 $90 $29 75.69/ LAGUNA HILLS MISCELLANEOUS $11,150,476 $8,428,814 $2,721,662 75.691 LAGUNA NIGUEL MISCELLANEOUS $21,979,272 $16,962,917 $5,016,355 77.2% LAGUNA NIGUEL MISCELLANEOUS 2NDTIER $576 $460 $116 79.9% LAGUNA WOODS MISCELLANEOUS $1,799,940 $1,389,138 $410,802 77.2% LAKE FOREST MISCELLANEOUS $16,886,211 $13,032,252 $3,853,959 77.2% LOS ALAMITOS SAFETY $24,809,272 $18,091,332 $6,717,940 72.9% LOS ALAMITOS MISCELLANEOUS $23,970,8581 $17,582,564 $6,388,294 73.3% Mission Viejo MISCELLANEOUS $55,336,400 $37,971,519 $17,364,881 68.69/ Newport Beach SAFETY $424,868,507 $252,131,503 $172,737,004 59.3% Newport Beach MISCELLANEOUS $302,006,850 $200,149,332 $101,857,518 66.3% Orange SAFETY $395,287,607 $265,861,717 $129,425,890 67.3% Orange MISCELLANEOUS $271,876,517 $187,707,479 $84,169,038 69.0% PLACENTIA SAFETY $69,929,197 $47,548,284 $22,380,913 68.00% PLACENTIA MISCELLANEOUS $44,543,255 $34,400,240 $10,143,015 77.2% PLACENTIA MISCELLANEOUS 2ND TIER $70 $56 $14 80.09/ RANCHO SM MISCELLANEOUS 1STTIER $3,578,445 $2,373,225 $1,205,220 66.3% RANCHO SM MISCELLANEOUS 2ND TIER $66 $53 $13 80.3% SAN CLEMENTE SAFETY LIFEGUARD $4,771,964 $3,412,298 $1,359,666 71.5% Santa Ana SAFETY $886,484,216 $639,122,005 $247,362,211 72.1% Santa Ana MISCELLANEOUS $670,676,090 $456,703,295 $213,972,795 68.1% SEALBEACH SAFETY $55,626,490 $41,020,779 $14,605,711 73.7% SEALBEACH MISCELLANEOUS $37,784,994 $29,273,349 $8,511,645 77.5% STANTON MISCELLANEOUS $16,135,869 $11,943,044 $4,192,825 74.00% TUSTIN SAFETY $96,725,338 $67,268,742 $29,456,596 69.5% Tustin MISCELLANEOUS $79,578,148 $60,726,631 $18,851,517 76.3% TUSTIN SAFETY POLICE 2ND TIER $634 $474 $160 74.8% VILLA PARK MISCELLANEOUS $3,584,194 $2,504,067 $1,080,127 69.9% WESTMINSTER SAFETY $190,808,021 $140,326,367 $50,481,654 73.5% Westminster MISCELLANEOUS $103,786,629 $70,524,912 $33,261,717 68.0% Yorba Linda IMISCELLANEOUS 1 $52,656,1981 $35,770,1661 $16,886,032 67.9% Per Capita Assessment Since the cities in Table 4 vary greatly in size, the Grand Jury calculated these unfunded liabilities for a selected set of cities on a per capita basis to provide a normalized measure of the impact of these liabilities. Table 5 below provides this assessment for the 10 OC cities that rely on Ca1PERS for all their Miscellaneous and Safety employees. These 10 cities are the only ones for which an apples -to -apples comparison is possible because unfunded pension liabilities for those cities which outsource fire and/or police services to OCFA and OCSD are not available. 2013-2014 Orange County Grand Jury Page 19 17-21 ORANGE COUNTY CITY PENSION LIABILTIES No city on the list stands apart as having an overwhelming liability when measured using this metric. However, the table does show that unfunded liabilities on a per capita basis do vary by a factor of well over two among these cities. Notably, the city with the highest per capita liability in the list is one of the wealthiest as well. Table 5. Unfunded Actuarial Liabilities (UAL) by City Computed on a Per Capita Basis city Total Misc plus Public Safety UAL City Population Per Capita UAL for Misc plus Public Safety Anaheim $612,270,843 343,248 $1,783.76 Brea $93,784,676 40,330 $2,325.43 Costa Mesa $228,238,429 111,918 $2,039.34 FOUNTAIN VALLEY $72,747553 56,464 $1,288.39 Fullerton $182,762,297 138,534 $1,319.26 Garden Grove $211,845,820174,389 51,214.79 Huntington Beach $334,459,263 194,708 $1,717.75 Laguna Beach $53,110,452 23,176 $2,291.61 Newport Beach $274,594,522 87,068 $3,153.79 Orange $213,594,928 139,419 $1,532.04 Assessment of Unfunded Liabilities as a Percent of General Fund Revenues Another (and potentially better) way of comparing the burden of unfunded pension liabilities is by looking at the ratio of the unfunded pension liabilities of a city to one year's General Fund revenues for that city. Arguably, the differences in wealth of these cities would be reflected in the differences in their General Fund revenues tied to property and sales taxes and would provide a better measure of the burden of these liabilities on the city's resources. The Grand Jury calculated these ratios in Table 6 for the same 10 cities shown in Table 5. Again the cities when assessed using this metric vary by over a factor of well over two, and again there is not any city in the list that stands apart as having an overwhelming liability when measured using this metric. Also interesting is that different cities fare better depending on the metric used - per capita versus percent of General Fund. A significant drawback to the General Fund Percentage metric is the difficulty to achieve any reliable apples -to -apples comparison since city revenues are structured differently. In addition, some cities have their own water and power utilities which have their own associated revenues, and all cities have different sources of grant and bond revenues. 2013-2014 Orange County Grand Jury Page 20 17-22 ORANGE COUNTY CITY PENSION LIABILTIES Table 6 — Unfunded Pension Liabilities as a Percentage of Annual General Fund Revenues CITY Total Misc plus Public Safety UAL Total General Fund Assumed Revenues from Current Adopted Budget Budget Year of Adopted Budget Unfunded Pension LiabiIityasa Percent of General Fund Revenues Anaheim $612,270,843 $491,847,000 2013 124.5% Brea $93,784,676 $49,431,294 2013-2014 189.7% Costa Mesa $228,238,429 $103,250,486 2013-2015 221.1% FOUNTAIN VALLEY $72,747,553 $37,032,042 2013-2014 196.4% Fullerton $182,762,297 $154,333,191 2013-2014 118.4% Garden Grove $211,845,820 $92,351,000 2013-2014 229.4% Huntington Beach $334,459,263 $298,239,325 2013-2014 112.1% Laguna Beach $53,110,452 $48,425,000 2013-2014 109.7% Newport Beach $274,594,522 $255,333,875 2013-2014 107.5% Orange $213,594,928 $90,139,158 2013-2014 1 237.0% It is critical to note that attempts at measuring the impact of unfunded pension liabilities such as provided in Tables 5 and 6 would not be needed if the cities provided adequate budget data! It would be a simple matter of checking whether a city's predicted revenues for current and future years are sufficient to meet total planned expenditures in those years including the pension related expenditures. In order to have a balanced budget, increased pension expenditures will have to be matched with increased revenues and/or cuts to other major budget items. Calculating Unfunded Liabilities using Market Value instead of Actuarial Value of Assets On April 17, 2013, the Ca1PERS Board of Administration approved a recommendation to change its amortization and smoothing policies. Prior to this change, CalPERS employed a smoothing policy which spread investment returns over a 15 -year period; after the change investment returns were smoothed over a 5 -year period. As a result, the dramatic impact of the 2007-2009 Great Recession on investment returns, which fell in the middle of this 5 year period, was much more heavily weighted than when 15 years of returns were used. Table 7 below shows data for the plans listed in Table 1 as of June 30, 2012, but now showing unfunded liabilities computed using Actuarial Value of Assets instead of Market Value of Assets. These data were provided at Grand Jury request in order to assess the impact of the Ca1PERS decision in 2012 to use Market Value instead of Actuarial Value of Assets in computing unfunded liabilities. Recall that the aggregate unfunded liabilities using Market Value of Assets from Table 4 was $3.3 billion. The aggregate unfunded Ca1PERS pension 2013-2014 Orange County Grand Jury Page 21 17-23 ORANGE COUNTY CITY PENSION LIABILTIES liabilities from Table 7 of the 34 OC cities calculated using Actuarial Value of Assets (the prior baseline approach) is $1.9 billion dollars. The 2013 decision by CaIPERS to use Market Value instead of Actuarial Value resulted in an increase in the calculation of unfunded liabilities of OC cities of $1.4 billion! Table 7. Unfunded Liabilities using Actuarial Value of Assets CIN PLAN Accrued Liability Actuarial Value of Assets UAL (AVA) Funded Ratio ALISO VIEIO MISCELLANEOUS PLAN $2,570,113 $2,343,664 $226,449 91.2% Anaheim MISCELLANEOUS PLAN $1,045,037,179 $854,296,252 $190,740,927 81.7% Anaheim SAFETY POLICE PLAN $565,213,783 $473,232,689 $91,981,094 83.7% Anaheim SAFETY FIRE PLAN $345,724,884 $283,210,761 $62,514,123 81.9% Brea SAFETY PLAN $191,751,750 $152,827,533 $38,924,217 79.7% Brea MISCELLANEOUS PLAN $102,226,046 $87,360,7041 $14,865,342 85.5% BUENA PARK ISAFETY PLAN $185,001,886 $162,856,5901 $22,145,296 88.0% BUENA PARK MISCELLANEOUS PLAN $109,953,460 $93,518,5271 $16,434,933 85.1% Costa Mesa MISCELLANEOUS PLAN $225,186,488 $169,039,6531 $56,146,835 75.1% Costa Mesa SAFETY POLICE PLAN $212,645,063 $153,878,616 $58,766,447 72.4% COSTA MESA SAFETY FIRE PLAN $161,328,098 $120,181,921 $41,146,177 74.5% CYPRESS SAFETY PLAN $65,259,215 $56,791,149 $8,468,066 87.0% Cypress MISCELLANEOUS PLAN $58,995,020 $53,426,741 $5,568,279 90.65/ DANA POINT MISCELLANEOUS PLAN $14,606,788 $13,319,805 $1,286,983 91.2% FOUNTAIN VALLEY SAFETY FIRSTTIER PLAN $144,802,443 $118,314,870 $26,487,573 81.7% FOUNTAIN VALLEY MISCELLANEOUS FIRSTTIER PLAN $78,548,900 $61,269,357 $17,279,543 78.0% FOUNTAIN VALLEY SAFETY POLICE SECOND TIER PLAN $100,138 $90,3521 $9,786 90.2% FOUNTAIN VALLEY MISCELLANEOUS SECONDTIER PLAN $31,032 $29,439 $1,593 94.9% FOUNTAIN VALLEY SAFETY FIRE SECONDTIER PLAN $422 $378 $44 89.6% Fullerton SAFETY PLAN $372,812,731 $296,723,845 $76,088,8861 79.61Y. Fullerton MISCELLANEOUS PLAN $227,961,576 $204,542,656 $23,418,920 89.7% Garden Grove SAFETY PLAN $387,791,595 $301,757,326 $86,034,269 77.8% Garden Grove MISCELLANEOUS PLAN $231,098,351 $186,575,813 $44,522,538 80.7% Huntington Beach SAFETY PLAN $552,535,708 $420,518,819 $132,016,889 76.1% Huntington Beach MISCELLANEOUS PLAN $431,175,037 $357,911,394 $73,263,643 83.0% Irvine MISCELLANEOUS PLAN $262,485,223 $198,147,071 $64,338,152 75.5% Irvine SAFETY PLAN $162,425,349 $134,947,3981 $27,577,951 83.0% LA HABRA SAFETY PLAN $124,453,943 $104,033,0611 $20,420,882 83.6% La Habra MISCELLANEOUS PLAN $79,216,276 $71,487,6041 $7,728,672 90.2% LA HABRA SAFETY POLICE SECOND TIER PLAN $753 $675 $78 89.6% LA PALMA SAFETY PLAN $33,248,911 $29,268,914 $3,979,997 88.0% LA PALMA MISCELLANEOUS PLAN $22,117,712 $18,886,895 $3,230,817 85.49/ LA PALMA SAFETY SECOND TIER PLAN $7,511 $7,025 $486 93.5% LA PALMA MISCELLANEOUS SECONDTIER PLAN $576 $546 $30 94.8% Laguna Beach MISCELLANEOUS PLAN $80,291,956 $66,214,802 $14,077,154 82.5% LAGUNA BEACH SAFETY POLICE PLAN $57,585,435 $50,692,281 $6,893,154 88.0% LAGUNA BEACH SAFETY FIRE PLAN $45,735,935 $40,261,203 $5,474,732 88.0% LAGUNA BEACH SAFETY LIFEGUARD PLAN $4,662,336 $4,206,731 $455,605 90.2% LAGUNA BEACH SAFETY FIRE SECONDTIER PLAN $21,221 $19,147 $2,074 90.2% LAGUNA BEACH SAFETY POLICESECOND TIER PLAN $119 $107 $12 89.9% 2013-2014 Orange County Grand Jury Page 22 17-24 ORANGE COUNTY CITY PENSION LIABILTIES CITY PLAN Accrued Liability Actuarial Value of Assets UAL (AVA) Funded Ratio LAGUNA HILLS MISCELLANEOUS PIAN $11,150,476 $10,018,286 $1,132,190 89.8% LAGUNA NIGUEL MISCELLANEOUS PLAN $21,979,272 $20,042,710 $1,936,562 91.2% LAGUNA NIGUEL MISCELLANEOUS SECOND TIER PLAN $576 $546 $30 94.8% LAGUNA WOODS MISCELLANEOUS PLAN $1,799,940 $1,641,350 $158,590 91.2% LAKE FOREST MISCELLANEOUS PLAN $16,886,211 $15,398,391 $1,487,820 91.2% LOSALAMITOS SAFETY PLAN $24,809,272 $21,596,207 $3,213,065 87.0% LOSALAMITOS MISCELLANEOUS PLAN $23,970,858 $20,714,154 $3,256,704 86.4% Mission Viejo MISCELLANEOUS PLAN $55,336,400 $44,251,357 $11,085,043 80.0% Newport Beach SAFETY PLAN $424,868,507 $302,365,698 $122,502,809 71.2% Newport Beach MISCELLANEOUS PLAN $302,006,850 $238,869,992 $63,136,858 79.1% Orange SAFETY PLAN $395,287,607 $318,640,102 $76,647,505 80.6% Orange MISCELLANEOUS PLAN $271,876,517 $225,061,652 $46,814,865 82.8% PLACENTIA SAFETY PLAN $69,929,197 $56,759,9211 $13,169,276 81.2% PLACENTIA MISCELLANEOUS PLAN $44,543,255 $40,645,959 $3,897,296 91.3% PLACENTIA MISCELLANEOUS SECOND TIER PLAN $70 $66 $4 94.3% RANCHO SM MISCELLANEOUS FIRSTTIER PLAN $3,578,445 $2,822,266 $756,179 78.9% RANCHO SM MISCELLANEOUS SECOND TIER PLAN $66 $63 $3 95.5% SAN CLEMENTE SAFETY LIFEGUARD PLAN $4,771,964 $4,061,973 $709,991 85.1% Santa Ana SAFETY PLAN $886,484,216 $766,597,172 $119,887,044 86.5% Santa Ana MISCELLANEOUS PLAN $670,676,090 $547,675,894 $123,000,196 81.7% SEALBEACH MISCELLANEOUS PLAN $37,784,994 $34,588,2281 $3,196,766 91.5% SEALBEACH SAFETY PLAN $55,626,490 $48,967,8281 $6,658,662 88.0% STANTON MISCELLANEOUS PLAN $16,135,869 $14,111,427 $2,024,442 87.5% TUSTIN SAFETY PLAN $96,725,338 $80,300,869 $16,424,469 83.0% Tustin MISCELLANEOUS PLAN $79,578,148 $72,395,531 $7,182,617 91.0% TUSTIN SAFETY POLICE SECOND TIER PLAN $634 $568 $66 89.6% VILLA PARK MISCELLANEOUS PLAN $3,584,194 $2,958,706 $625,488 82.5% WESTMINSTER SAFETY PLAN $190,808,021 $167,512,113 $23,295,908 87.8% Westminster MISCELLANEOUS PLAN $103,786,629 $84,550,883 $19,235,746 81.5% Yorba Linda MISCELLANEOUS PLAN $52,656,198 $42,905,265 $9,750,933 81.5% Grand Jury Interviews As discussed under Method of Study, the Grand Jury conducted interviews with experts representing the three key players in the pension processes for cities: city human resources managers, city finance managers, and senior staff from Ca1PERS and OCERS, the primary pension systems used by OC cities. Before summarizing those individual discussions, it will be useful to share some candid comments without being more specific as to where these comments came from. The one word used to describe public employee pensions was "generous". Given Grand Jury members' knowledge of Social Security and private employer pensions, it finds that adjective appropriate. However, whether the pensions were generous before pension reform or are generous even after pension reform, the focus of this Grand Jury is on the ability of cities to deal 2013-2014 Orange County Grand Jury Page 23 17-25 ORANGE COUNTY CITY PENSION LIABILTIES with unfunded obligations tied to these pensions and on how transparent city budgets are with respect to the impact of these liabilities. One other topic discussed was the recent practice of cities offsetting newly required increased employee contributions to their pensions by raising employees' salaries by a corresponding percentage. A city, instead of directly paying part of what is nominally the employee's share of pension contributions to the pension system instead pays it to the employee, who in turn pays it to the pension system as part of his/her contribution. To take a real example, the city of Garden Grove decided to offset an increase of 3% in public safety employee pension contributions with a 3% increase in salary." In some ways this looks like a very tempting zero-sum game; the new rules are followed, and the city's budget and employee's take home pay are essentially unaffected. The catch is that the employee will now have a base salary at retirement 3% higher than the pension system had been assuming in predicting its pension payout to that employee. This increased pension payment will be made for the remainder of that employee's life, i.e., a new unfunded pension liability has been created. Interviews with CalPERS Experts from CalPERS were very helpful in discussing with the Grand Jury the actuarial assumptions they use in projecting pension liabilities. Of particular interest was the recent decision by CalPERS to use Market Value of Assets instead of Actuarial Value of Assets. The choice is obviously a philosophical one since Actuarial Value had been the standard approach for many years. On April 17, 2013, the CalPERS Board of Administration approved a recommendation to change its amortization and smoothing policies. Prior to this change, CalPERS employed an amortization and smoothing policy which spread investment returns over a 15 -year period; after the change investment returns were smoothed over a 5 -year period. The consequence of this change in asset valuation method was discussed in the Analysis section of this report. Other possible changes to critical actuarial assumptions were also discussed. CalPERS plans to move from the mortality tables they currently use to tables used by the Social Security system, which reflect the longer life expectancies enjoyed by US residents. Also being considered is a further move to mortality tables which reflect the life expectancies of the residents of California who live almost two years longer than the average US resident. Good news for Californians is ro"Police to get Raises to Offset Higher Pension Payments-, Voice of Orange County article dated September 24, 2013, htto://w .voiceofoc.org/oc central/garden grove/article e96a94d4-24de-Ile3-bl84-0019bb2963f4.htm1 2013-2014 Orange County Grand Jury Page 24 17-26 ORANGE COUNTY CITY PENSION LIABILTIES not good news for pension liabilities since California pension systems can expect to be paying pensions to their retirees for two to four years longer than they had been planning. Interview with OCERS Senior Managers from OCERS discussed their perspective on unfunded pension liabilities for Orange County cities which outsource fire and/or police to OCFA and OCSD. OCERS experienced the same increase in unfunded pension liabilities for all pensions managed by OCERS as did Ca1PERS due to the impact of the Great Recession which began in 2007 on the value of their assets. In 2012, OCERS changed their assumed rate of return on assets from 7.75% to 7.25%, which had a large impact on their computation of unfunded liabilities. They also moved to amortizing unfunded liabilities over 20 years instead of 30 years. Both these changes significantly increased the catch up contributions they require from their members. On a positive note, OCERS is starting to see a recovery in the current prices of their equity and real estate holdings, which is beginning to be reflected in the actuarial (smoothed) values of their assets. Like Ca1PERS, OCERS also worries about events that could cause their unfunded liabilities to grow — the greatest possible impact would come from a decision to further reduce the actuarial assumption of the rate of investment return on their assets. Another concern is whether even the 7.25% rate of return can be maintained over the next several years. Many markets have recovered to pre -Great Recession valuations after a six year bull market, which may be losing steam. Despite the uncertainties, OCERS managers are confident that their system is robust enough to work through short term ups and downs and that they will continue to improve their funding status. OCERS managers also pointed out that tracing the flow of OCERS unfunded pension liabilities to cities is much harder than tracing the equivalent flow from Ca1PERS to Orange County cities. Ca1PERS has a direct fiduciary relationship with individual cities and communicates the pension contributions required from each city via its Annual Valuation Reports. Ca1PERS provides Valuation Reports for pension plans for each city, one for Miscellaneous employees, one for Police, and one for Fire. Sometimes the Police and Fire plans are combined into a single Safety plan and sometimes plans are split into "Tier 1" and "Tier 2", but it is always clear which plan applies to which city. (This structure is easily seen in Table 2.) OCERS does not have a direct fiduciary relationship with any OC city for public safety employees. The two agencies relevant to this report that OCERS has such a relationship with are the Orange County Fire Authority and County of Orange. The flow of unfunded pension liabilities from OCERS to the Orange County Fire Authority and to the County of Orange and then from the Orange County to the Orange County Sheriff's Department is reasonably straightforward. But the flow from those agencies to 2013-2014 Orange County Grand Jury Page 25 17-27 ORANGE COUNTY CITY PENSION LIABILTIES individual cities which outsource public safety functions to them is far more convoluted and far less visible. OCERS breaks down pension fund assets, liabilities, unfunded liabilities, and required annual contributions by "Rate Groups". OCFA has its own unique rate groups with OCERS, one for general personnel and one for safety. OCERS does not have a direct relationship with the Orange County Sheriff's Department; its fiduciary relationship is with the County of Orange. However OCERS pensions for Sheriffs department employees can be isolated in the Annual Valuation Report for the County of Orange. A separate rate group for Sheriffs Department personnel (Group 7) within the overall Annual Valuation is where data for fund assets, liabilities, unfunded liabilities, and required annual contributions for police personnel can be found. OCERS has become more aware of the fact that their final pension "customers" are not only the County of Orange or even the OCSD and OCFA. In many cases individual OC cities that outsource fire and/or police services to OCFA and OCSD are their ultimate customers whose budgets are impacted as OCERS works to recover from unfunded liabilities. OCERS is working on developing better outreach to and communication with OC cities. A further discussion on tracing unfunded pension liabilities to cities which outsource to OFCA OCFA provides fire services to two classes of cities in Orange County, eight Structural Fire Fund (SFF) members and fifteen Cash Contract Cities (CCC) members. SSF cities have part of their property tax designated for fire protection, which is paid directly to the OCFA and is typically not shown on a city's budget. CCC cities are directly billed quarterly for fire services, and these expenditures are typically shown as an expenditure on a city's budget. Tracing the impact of OCFA's unfunded pension liabilities owed to OCERS to individual OC city budgets via material online does not appear possible. The OCFA makes general statements" about reducing its unfunded pension liabilities: "The policy .... was last updated on May 22, 2008 to require the OCFA to annually review the feasibility of accelerating payment of the unfunded pension liability." "OCFA employer retirement rates for safety members were scheduled to decrease by about 2.3%, however, in order to help pay down OCFA's Unfunded Actuarially Accrued Liability (UAAL) the budget includes a carryover of the higher safety member employer rates Orange County Fire Authority 2013.2014 Adopted Budget, htto://www.oefa.ore/ unloads/ndf/2013-14% 20Adonted%20Budeet websitel.ndf 2013-2014 Orange County Grand Jury Page 26 17-28 ORANGE COUNTY CITY PENSION LIABILTIES from 2012/2013. This is a first small step to help address OCFA's intent to reduce long term liabilities." However, since "Salaries and Employee Benefits" are lumped together as a single line item throughout the remainder of the budget, there is no way of really seeing actual dollar amounts for what this UAAL is nor for planned expenditures to reduce it, if any. No discussion of how pension costs are allocated to individual CCC cities is provided, and no discussion of how pension costs are incorporated into current and future quarterly billings for SFF cities is provided. Interviews with City Human Resource Managers Very early in the study interviews were held with the Human Resource (HR) Managers of three OC cities to get their perspective on how their city was dealing with pensions for their employees. The city HR managers were very open in answering Grand Jury questions, and all were consistent in describing their pension processes. The Grand Jury was informed that benefits including pensions are part of labor negotiations conducted with unions representing different groups of employees. Memoranda of Understanding (MOUs) document the results of these negotiations. Specific terms of city pension plans vary depending on the negotiated labor agreements and are drawn from a menu of plans supported by Ca1PERS. Pension plans specify the minimum age of retirement and the pension benefit to be paid in terms of a percentage of the employee's highest year of salary times the number of years of service. The total percentage is capped, but for Legacy employees there is no cap on highest salary used in computing the pension benefit. Hence there is no cap on the annual pension benefit paid. However, post-PEPRA employees' pensions are currently capped at—$130K. When a person is hired, that employee is assigned to a particular pension plan based on position and job title. Typically movement across pension plans is rare for current employees. A more typical situation is when an employee is hired from another city to do the same type of work, in which case pension benefits will be grandfathered. The HR managers helped clarify the impact of pension reform in the near term (not much since nearly all their employees are grandfathered as Legacy employees under the more generous pension agreements. Only New employees hired since January 1, 2013, fall under the PEPRA reformed pension rules. With the continued slowdown in hiring, only a small percentage of current employees are New (typically much less than 10%). The managers were well aware of the issues associated with pensions, their impact on city finances, and the impact of pension 2013-2014 Orange County Grand Jury Page 27 17-29 ORANGE COUNTY CITY PENSION LIABILTIES reform. In general they were confident that they had processes in place to avoid abuses of the pension rules by any attempt on the part of a retiring employee to include "non-PERSable" income as part of the base salary used to compute pension benefits. They (and city finance managers whom the Jury talked with separately) believe the PEPRA pension reforms will substantially reduce future unfunded pension liabilities. However, they were quick to point out that it will be many years before any significant effect falls to the bottom line of their city's pension liabilities. Interviews with City Finance Managers Interviews were held with the Finance Managers of the same three OC cities the Grand Jury had previously met with to interview the HR managers. These interviews sought their perspective on how their city was dealing with unfunded pension liabilities. The city finance managers were very open in answering Grand Jury questions and made helpful suggestions on some key areas on which to focus. The Finance Managers the Grand Jury met with project revenues and expenditures one year out in their formal budgets. Current year budgets are posted online as they are first proposed to and then adopted by their city. None of the cities' budgets shows separate line items at the summary level for pension expenditures, although pension/retirement benefit expenditures are provided in substantial detail at lower levels in their budgets. The Finance Managers acknowledged that it would be arduous to sum up all the detailed pension expenditures to arrive at the total pension related expenditures. Planning budgets are developed for several years further into the future and discussed internally, but not typically posted. When CalPERS does its Annual Valuation Report for a city's pension plan(s), CalPERS will discuss the report with the city and (very rarely) make adjustments based on those discussions. City Finance Managers use the Annual Required Contributions from the Annual Valuation Reports to develop the pension related expenditures for their budget. Each city withholds employee pension contributions and sends them bi-weekly to CalPERS. The city's employer pension contributions and any city catch up pension contributions are paid from the city General Fund to CalPERS. When asked about the recent move by CalPERS from an Actuarial Value basis for estimating current value of assets to a Market Value basis, no value judgment was expressed, but the resulting jump in unfunded liabilities was noted by all. The finance managers viewed the remaining actuarial assumptions used by CalPERS as reasonable under current economic conditions, but are aware that the assumptions can be expected to change if circumstances change. They are particularly sensitive to any downward adjustment to projected rates of return 2013-2014 Orange County Grand Jury Page 28 17-30 ORANGE COUNTY CITY PENSION LIABILTIES on investment of plan assets as such an adjustment could substantially increase the actuarial value of their unfunded liabilities and hence their catch up contributions. Another concern discussed was the likely move by pension funds to use more realistic mortality assumptions based on Social Security tables, which will increase unfunded liabilities. In addition, Californians have the third highest life expectancy in the United States (only residents of Hawaii and Minnesota live longer, by 1.11 and 0.48 years, respectively) and have a life expectancy 1.7 years longer than the average expectancy for the United States total population. A further move to using mortality tables reflecting California's better than national average life expectancy, if implemented as expected, will further increase unfunded liabilities. City Finance Managers were consistent with their HR managers in their evaluation of the impact of pension reform. Nearly all current employees are Legacy employees; "New" employees typically comprise a few percent and well less than 10% of their total employee population. Only employees hired after January 1, 2013 are New under the PEPRA definitions, and hiring of new employees has primarily occurred only in the cases of retirements of current employees. New hires to replace positions cut in response to the 2008 Great Recession have been on hold for the most part. Except for one of the three cities which outsourced fire protection to OCFA, all three cities interviewed by the Grand Jury use CalPERS for their Miscellaneous employees and for their public safety employees. The city outsourcing fire protection is a Cash Contract City member of OCFA and is billed quarterly for fire services. The quarterly rate paid reflects an agreed to number of skilled personnel and physical assets such as fie stations, trucks, and ambulances. Pension costs including any catch up pension costs are included in the bottom line charge to the city and not separately accounted for. The managers were well aware of the issues associated with dealing with unfunded pension liabilities and their impact on their city's finances. However, none of them saw the liabilities, even at their current size, as catastrophic and were making adjustments in planned city expenditures to deal with them. They acknowledge that the adjustments will not come without pain as valuable city services that were cut in response to revenue shortfalls caused by the Great Recession will not be reinstituted as quickly as they had hoped. Significant amounts of the revenue increases they are seeing as the recovery develops will be going to catching up on unfunded pension liabilities. For example, one city's internal budget shows pension contributions ramping up from 8% to 12% of their General Fund and remaining there for several years and then ramping back down to 8% based on CalPERS projected Annual Required Contributions. The link between CaIPERS projected annual contributions and the city's budget is critical to establishing some confidence that unfunded pension liabilities, while painful, are not 2013-2014 Orange County Grand Jury Page 29 17-31 ORANGE COUNTY CITY PENSION LIABILTIES catastrophic. It must also be noted, of course, that as discussed earlier in this report, unfunded liabilities can be volatile, and budgets as they are updated annually must keep in synch with changes in annual required contributions from Ca1PERS. Some of the finance managers were working to develop better ways to present future expenditures for pensions in their budgets and in their briefings to their City Councils. In one case the finance manager was already planning a proposed update to their budget structure to clearly identify and separate pension expenditures at the top level of the city budget, an approach which matched the model the Grand Jury had brought to the interview. The ability of some of the finance managers to communicate the impact of unfunded pension liabilities to their City Councils and labor unions has led to some success in labor negotiations regarding pensions. Such agreements where employees have agreed to carry a larger portion of the burden of pension costs and in some cases agreed to reduced benefits have also made it possible for these cities to meet their overall pension funding obligations by offsetting increased amortization payments for unfunded liabilities with higher employee contributions. This better understanding of unfunded pension liabilities has also led to the consideration of accelerated catch up payments to Ca1PERS to increase the amount of assets being managed and to obtain the projected returns on those assets. Assessment of Budget Information Available Online Since cities are expected to make their budget information available online, the Grand Jury examined a large sample of OC cities' online budget information. Significant effort was expended reviewing and assessing how well each city's posted budget disclosed how it was dealing with its unfunded pension liabilities. Although the original intent was to look at budgeting for pension liabilities, it quickly became apparent that the quality and usefulness of posted budget information in all areas varied greatly among the cities. Fundamental deficiencies in budget information posted by OC cities need to be addressed before looking in detail at pension information in those budgets. Based on discussions with city Finance Managers and on its review of budget data posted by cities, the Grand Jury developed a conceptual "Ideal Budget Practices" model that will provide the necessary visibility to members of the public of how their cities are budgeting in general and budgeting for pension liabilities in particular. The paragraphs below describe the general criteria against which city budgets were assessed and then the criteria used to assess budgeting for pension expenditures. 2013-2014 Orange County Grand Jury Page 30 17-32 ORANGE COUNTY CITY PENSION LIABILTIES Rather than scoring each city against each criterion, which would be very labor intensive and subject to possible error/oversight, the Jury has listed the key elements of the ideal model as separate recommendations to each city in this report. In some cases a city may already meet some of the recommendations, and some cities may agree to implement some of the recommendations and not others. However, as the recommendations are implemented, the members of the public of these cities will benefit from better budget information and from the discipline imposed on the cities in preparing high quality and transparent budgets. General budget information available online The Grand Jury assessed each city's web site for the general quality of budget information posted according to the following criteria: 1. Is annual budget information posted? 2. Are prior annual budgets posted, and if so, for how many years? 3. Does the current budget show prior year budgets, and if so, for how many years? 4. Does the current budget show future year budget projections, and if so, for how many years? 5. Are key assumptions about future revenues discussed? 6. Do budgets show prior, current, and projected future city General Fund reserves? 7. Is there any discussion of trends in city General Fund reserves? 8. Is there any discussion of a target for how much reserve the city deems desirable? 9. If the city reserves are below the desired level, is there a discussion of how the desired level of reserves will be accumulated? Prior year budget data are important in order to discern trends in revenues and expenditures. Just having prior year budgets posted is helpful, but including at least one year's prior budget data in the city's current budget makes it far easier to make comparisons than to separately download multiple files and bounce back and forth among them to look for trends. Budget information should include at least two prior years, as projecting a "trend" based on only two data points (current and most recent prior year) is dubious at best. Even more important than prior year budget information are projections of future year revenues and expenditures. Future year budget projections are especially important for understanding the impact of unfunded pension liabilities. Unfunded pension liabilities have five critical attributes: 1. Budgeted pension catch up contributions typically comprise a significant percentage of projected General Fund expenditures. 2. Projected annual contributions to catch up on unfunded liabilities are ramped up over two to five years by CaIPERS and OCERS, so the impact of unfunded liabilities is not all revealed by looking only one year into the future. 2013-2014 Orange County Grand Jury Page 31 17-33 ORANGE COUNTY CITY PENSION LIABILTIES 3. Unlike most planned city expenditures, there is essentially no way to reduce or defer required pension contributions in future years. 4. Projected unfunded pension liabilities are at risk of large changes year to year because they are so dependent on the key actuarial assumptions used in calculating them. 5. The recent switch to Market Value of Assets used in calculating unfunded liability will introduce more volatility in the estimate of these unfunded liabilities. Pension specific budget information available online After assessing the general utility of city budget data, the Grand Jury looked for budget data relevant to assessing that city's budgeting for pension expenses and in particular for addressing unfunded pension liabilities. Each city's budget was assessed against the following criteria: 1. Are pension related sources of revenue and expenditures visible as separate line items under revenues and expenditures at the summary level of the budget? 2. Are city expenditures for pension related expenses broken out into at least 3 sub- categories: pension contributions withheld from employee pay, employer pension contributions for current employees, and employer catch up contributions for unfunded liabilities as assessed by the pension system? 3. Does the budget clearly specify the source of the Annual Required [Pension] Contributions (ARC) assessed by the pension system (typically CalPERS) used in its budget by document title and date? 4. Is there a clear mapping of the total Annual Required [Pension] Contributions (ARC) assessed by the pension system (typically CaIPERS) into one or more line items at the Summary level of the budget? 5. Annual Required [Pension] Contributions (ARC) are updated annually by the pension system. Does the budget discuss the risks associated with these predictions of future catch up contributions? The city needs to state whether they are using the projections provided or whether they have adjusted them down or up because the city believes the projections are respectively too pessimistic or too optimistic. The impact of OC cities' outsourcing for public safety on transparency of budget information — a tale of two cities When cities outsource public safety services to OCFA and OCSD, the transparency and quality of information provided can decrease dramatically. The paragraphs below look at the impact of outsourcing fire protection to OCFA and to OCSD on transparency in two cities' budgets. 2013-2014 Orange County Grand Jury Page 32 17-34 ORANGE COUNTY CITY PENSION LIABILTIES Santa Ana In April 2012, the city of Santa Ana joined OCFA as its 23`d member city. OCFA added Santa Ana's 192 firefighters and 11 non-swom personnel and 10 fire stations. 12 Santa Ana continued to maintain its own police department, as it had done since its founding. Santa Ana's Adopted 2013-2015 Budget" is an excellent example of what can happen to transparency of budget information when a city outsources a public safety service. The table below compares the information available in Santa Ana's budget for its police and fire services. Budget Information Metrics Police Fire Pages of budget information 47 9 FY 2013-2014 Budget (Millions) $103.8 $40.2 Percent of total General Fund 51% 20% Budget line items 23 1 Total Personnel (FY 13-14) 580 UNKNOWN Line items for personnel assignments to department/ office positions 144 46 Line items for personnel assignments to department/ office positions Containing Meaningful Data 144 0 The page counts of budget information for Santa Ana fire and police look proportional, but once the data are examined in any detail, the lack of comparable information is remarkable. The budget for in-house police services breaks down personnel expenditures by office/department and for each of these down to expenditures for salaries, retirement, health services, and even to training and membership/dues, etc. The job titles of authorized personnel budgeted to work in each office/department are also listed separately. For example, the budget shows 3 Police Sergeants budgeted for Police Investigations and 24 Police Sergeants to Field Operations, etc. In particular, expenditures for each office/department for "Salaries Retirement" are provided. (Unfortunately, a further sub -division of these retirement expenditures into employee, employer matching, and amortization of unfunded liabilities is lacking, which is a problem for all OC cities.) The information provided for outsourced fire services is reduced a single line of data (the one containing the $40.2 million total cost in the Table above), and all 46 authorized positions are listed as "0"! "Orange County Fire Authority 2013.2014 Adopted Budget, page 2, lmp://www.ocfa.org/ uploads/pdf/2013- 14%20Adonted%20Budeet websitel.odf 13 City of Santa Ana FY 2013-2015 Adopted Budget, httn://www.ci.santa-ana.ca.us/finance/budeet/2013-2015/dm=mtsi2013- 2015 adopted budeet.ndf 2013-2014 Orange County Grand Jury Page 33 17-35 ORANGE COUNTY CITY PENSION LIABILTIES Note that Santa Ana is a OCFA Cash Contract City (CCC), so at least the annual cost for fire protection does show up as a single line item on Santa Ana's budget. As we will see below, not even this single dollar value for the cost of fire protection is available in Lake Forest's budget. Lake Forest The city of Lake Forest outsources to OCFA for its fire protection and to OCSD for its police protection. A review of their Operating Budget for Fiscal Year 2013-2014" shows a wide variation of the budget information provided by the city even when they outsource both safety services. Because Lake Forest outsources both fire and police services, Lake Forest's budget for Public Works was looked at as an example of the extent and quality of budget information provided for work to be done with in house resources. Lake Forest is a Structural Fire Fund (SFF) member of OCFA, and the cost of fire protection is deducted as a part of their property tax. As far as the cost of fire protection outsourced to OCFA to Lake Forest, the following is the entirety of the information provided in the their budget: "The Orange County Fire Authority funds its service in the City of Lake Forest using a formula derived from direct property tax income. The amount allocated is based on 11.11% of 1% of the total value of properties in Lake Forest." No dollar value is provided. Out -year projections, risks to cost of service and/or cuts in service if property tax values do not support current levels of service, etc., are not discussed. Budget Information Metrics Public Works Police Fire Pages of budget information 16 6 2 FY 2013-2014 Budget (Millions) $9.4 $13.4 UNKNOWN Percent of total General Fund 24% 34% 0% Budget line items 56 36 NONE Total Personnel (FY 13-14) 15 53.5 UNKNOWN Line items for personnel assignments to department/ office positions 1 9 NONE Line items for personnel assignments to department/ office positions Containing Meaningful Data 1 9 NONE As can be seen, the city does provide comparable levels of detail for planned expenditures for their public works and police services even though the first is done in-house and the latter is outsourced. In this instance there is actually better information about staffing levels for the 14 City of Lake Forest, Operating Budget, Fiscal Year 2013-14, htto://www.Iakeforestca.eov/civica/filebank/blobdload.asp?BloblD=8219 2013-2014 Orange County Grand Jury Page 34 17-36 ORANGE COUNTY CITY PENSION LIABILTIES outsourced work for police protection than for the in house work. It is worth noting that the fact that police services are outsourced to OCSD is not called out explicitly in the Lake Forest budget and even the fact that it is outsourced is only apparent because the expenditures are labeled as "Contract Personnel". Mechanisms for closing the loop from the unfunded OCERS pension liabilities for OCFA and OCSD through those agencies to the individual OC cities which outsource one or both of their public safety functions to them must be developed. Otherwise it will be difficult for the taxpayers of these cities to feel confident in their city's budgeting for these services. Conclusions Orange County cities have large unfunded pension liabilities. They do appear to have sufficient resources to amortize these liabilities, but these liabilities are volatile and need to be clearly addressed in cities' budgets in order to gain the confidence of their residents that this is actually the case. Such confidence can only be achieved by far greater transparency in their budgets. FINDINGS In accordance with California Penal Code Sections 933 and 933.05, the 2013-2014 Grand Jury requires (or, as noted, requests) responses from each agency affected by the findings presented in this section. Although the findings are stated in terms of all Orange County cities, each city should respond to each finding as it applies to itself only. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation of Pension Funding Status of Cities in Orange County, the 2013-2014 Orange County Grand Jury has arrived at 12 principal findings, as follows: F.I. OC cities have large unfunded pension liabilities both in terns of absolute dollar value and on a per capita basis and as a percentage of city General Fund revenues. F.2. OC cities' unfunded pension liabilities have been increasing on a year over year basis over the past several years as a result of the 2007-2009 Great Recession and as key actuarial assumptions have been changed by CatPERS and OCERS. F.3. There are risks to OC cities of changes to key actuarial assumptions including revisions downward of expected returns on investment and the likely move by pension funds to using more realistic mortality assumptions, which would increase unfunded liabilities. F.4. Locating city budget information on a city web site is not always straightforward and prior year budgets are sometimes not posted by a city. F.S. City budgets posted online project revenues and expenditures for at most one or two years into the future and sometimes do not show prior year data. 2013-2014 Orange County Grand Jury Page 35 17-37 ORANGE COUNTY CITY PENSION LIABILTIES F.6. City budgets often lack footnotes explaining key assumptions, risks, and unusual changes in budgeted amounts or revenues and expenditures. F.7. City budgets sometimes do not provide trend data on the accumulation/drawdown of reserves and lack details on the city's plan for the size of its reserves or their intended uses. F.B. Cities can control most future expenditures by increasing or decreasing budgets for those expenditures as funds are available. However, increases to annual required contributions to their pension systems are imposed externally, change unpredictably, and when they occur, are ramped up over two to five years. F.9. City budgets posted online do not explicitly show the link between planned city pension expenditures and pension system actuarial reports and those reports' annual required contributions. Risks associated with predictions of future annual required pension contributions based on risk assessment data provided by their pension systems and/or based on their own analysis are not discussed. F.10. Pension costs for New (Post-PEPRA) employees will be substantially lower than for Legacy employees, but only a small percentage of current employees, typically only a few percent of total employees, are New. Substantially reduced pension costs for cities as a result of pension reform will not be realized for one or more decades. F.11. Ca1PERS Annual Valuation Reports for Miscellaneous and Safety City employees are available to the public online for a very small number of cities. F.12. OCERS provides pension plans for OCFA and OCSD employees, but there is no way to trace through publically available sources OCERS unfunded pension liabilities to the city budgets which outsource to OCFA and OCSD for fire and police services. Penal Code §933 and §933.05 require governing bodies and elected officials to which a report is directed to respond to findings and recommendations. Responses are requested, from departments of local agencies and their non -elected department heads. RECOMMENDATIONS In accordance with California Penal Code Sections 933 and 933.05, the 2013-2014 Grand Jury requires (or, as noted, requests) responses from each agency affected by the recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. 2013-2014 Orange County Grand Jury Page 36 17-38 ORANGE COUNTY CITY PENSION LIABILTIES Based on its investigation of Pension Funding Status of Cities in Orange County, the 2013-2014 Orange County Grand Jury makes the following 8 recommendations: R.I. Each city should post its current and at least three most recent prior year budgets on the city's web site, and these budgets should be easily located. Each city's web site should have a search engine and a single search on the word "budget" should immediately link to the current budget. (F.1) (F.4) R.2. Each city's budget information should contain not only this year/next year budget projections, but should show at least five years of projected revenues and expenditures. Projections should be at the same level of detail and use the same line item structure as information for the current budget. (F.1) (F.2) (F.3) (F.5) (F.8) (F.10) R.3. Each city's budget should show separate line items for predicted employee and predicted employer contributions for the city pension systems. (F.8) (F.9) R.4. Each city's budget should provide trend data on the accumulation/drawdown of reserves and provide details on the city's policy for the size of its reserves and on the intended uses of such reserves. In particular any discussion of reserves should address possible use of reserves to accelerate amortization of unfunded pension liabilities. (F.7) R.S. Each city using Ca1PERS for one or more of its pension plans should identify the names and dates of the Ca1PERS Annual Valuation Report(s) which call out Annual Required Contributions (ARCS) for these plans and should provide a separate expenditure line item for predicted city catch-up contributions for the city pension systems based on these ARCS. A discussion of the risks associated with these Ca1PERS projections should also be provided by the city. (F.1) (F.2) (F.8) (F.9) R.6. Each city which outsources fire or police services to OCFA and/or OCSD should require them to provide projections of future costs of service out at least five years into the future and require that these projected costs explicitly show the relationship of projected pension costs including amortization of unfunded liabilities. This level of pension cost information should be provided in budgeted expenditures for outsourced services. A discussion of the risks associated with these projections should also be provided by the agencies and incorporated in the city's budgets. (F.6) (F.12) R.7. Each city that has Ca1PERS as a provider for pensions should include a provision in their agreements with CalPERS that Ca1PERS will post their Annual Valuation Reports online. (F.11) 2013-2014 Orange County Grand Jury Page 37 17-39 ORANGE COUNTY CITY PENSION LIABILTIES REQUIRED RESPONSES The California Penal Code §933 requires any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the agency. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court); except that in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g. District Attorney, Sheriff, etc.), such comment shall be made within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code Section §933.05 (a), (b), (c), details, as follows, the manner in which such comment(s) are to be made: (a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore. (b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore. (c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response 2013-2014 Orange County Grand Jury Page 38 17-40 ORANGE COUNTY CITY PENSION LIABILTIES of the Board of Supervisors shall address only those budgetary /or personnel matters over which it has some decision making aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with Penal Code section §933.05 are required from: Required/Requested Responses F1 F2 F3 F4 F5 F6 F7 F8 F9 F10 F11 F12 Cities Councils of: Aliso Viejo X X X X X X X X X X X X Anaheim X X X X X X X X X X X X Brea X X X X X X X X X X X X Buena Park X X X X X X X X X X X X Costa Mesa X X X X X X X X X X X X Cypress X X X X X X X X X X X X Dana Point X X X X X X X X X X X X Fountain Valley X X X X X X X X X X X X Fullerton X X X X X X X X X X X X Garden Grove X X X X X X X X X X X X Huntington Beach X X X X X X X X X X X X home X X X X X X X X X X X X La Habra X X X X X X X X X X X X La Patna X X X X X X X X X X X X Laguna Beach X X X X X X X X X X X X LagunaHills X X X X X X X X X X X X LagunaNiguel X X X X X X X X X X X X Laguna Woods X X X X X X X X X X X X Lake Forest X X X X X X X X X X X X Los Alamitos X X X X X X X X X X X X Mission Viejo X X X X X X X X X X X X Newport Beach X X X X X X X X X X X X Orange X X X X X X X X X X X X Placentia X X X X X X X X X X X X Rancho Santa Margarita X X X X X X X X X X X X San Clemente X X X X X X X X X X X X San Joan Capistrano X X X X X X X X X X X X Santa Ana X X X X X X X X X X X X Seal Beach X X X X X X X X X X X X Stanton X X X X X X X X X X X X Tustin X X X X X X X X X X X X Villa Park X X X X X X X X X X X X Westminster X X X X X X X X X X X X Yorba Linda X X X X X X X X X X X X 2013-2014 Orange County Grand Jury Page 39 17-41 ORANGE COUNTY CITY PENSION LIABILTIES Required/Requested Responses RI R2 R3 R4 R5 R6 R7 Cities Councils of: Aliso Viejo X X X X X X X Anaheim X X X X X X Brea X X X X X X Buena Park X X X X X X X Costa Mesa X X X X X X Cypress X X X X X X X Dana Point X X X X X X X Fountain VaHey X X X X X X FuIlerton X X X X X X Garden Grove X X X X X X Huntington Beach X X X X X X hvine X X X X X X X La Habra X X X X X X X La Palma X X X X X X X LagunaBeach X X X X X X Lagum Hills X X X X X X X Lagurm Niguel X X X X X X X Lagena Woods X X X X X X X Lake Forest X X X X X X X Los Alamitos X X X X X X X Mission Viejo X X X X X X X Newport Beach X X X X X X Orange X X X X X X Placentia X X X X X X X Rancho Santa Margarita X X X X X X X San Clemente X X X X X X X San Juan Capistrano X X X X X X X Santa Ana X X X X X X X Seal Beach X X X X X X X Stanton X X X X X X X Tustin X X X X X Villa Park X X X X X Westnmtster X X $Xx X X X Yorba Linda X X X X X 2013-2014 Orange County Grand Jury Page 40 17-42 ORANGE COUNTY CITY PENSION LIABILTIES APPENDICES 2013-2014 Orange County Grand Jury Page 41 17-43 ORANGE COUNTY CITY PENSION LIABILTIES Appendix A — Acronyms ARC — Annual Required Contribution CAFR — [CalPERS] Consolidated Annual Financial Report CalPERS - California Public Employees' Retirement System COLA — Cost of Living Adjustment GDP - Gross Domestic Product (GDP) OC - Orange County OCERS - Orange County Employee Retirement System OCFA- Orange County Fire Authority OCSD — Orange County Sheriff/Coroner's Department PEPRA - Public Employees' Pension Reform Act PERF — Public Employees' Retirement Fund 2013-2014 Orange County Grand Jury Page 42 17-44 ORANGE COUNTY CITY PENSION LIABILTIES Appendix B — Glossary Accumulated Plan Benefits - Benefits attributable under the provisions of a pension plan to employees for services rendered to the benefit information date. Actuarial Assumptions - Assumptions used in the actuarial valuation process as to the occurrence of future events affecting pension costs, such as mortality, withdrawal, disablement and retirement; changes in compensation and national pension benefits; rates of investments earnings and asset appreciation of depreciation; procedures used to determine the actuarial value of assets; characteristics of future entrants for open group actuarial cost methods and others relevant items. Accrual Basis - The recording of the financial effects on a government of transactions and other events and circumstances that have cash consequences for the government in the periods in which those transactions, events and circumstances occur, rather than only in the periods in which cash is received or paid by the government. Actuarial Accrued Liability - The portion, as determined by a particular cost method, of the total present value of benefits that is attributable to past service credit. Actuarial Gain (Loss) - A measure of the difference between actuarial and expected experience based upon a set of actuarial assumptions. Examples include higher than expected salaries increases (loss) and a higher return on fund assets than anticipated (gain). Actuarial Present Value - The discounted value of an amount or series of amounts payable or receivable at various times, determined as of a given date by the application of a particular set of actuarial assumptions. Amortization - (1) The portion of the cost of a limited -life or intangible asset charged as an expense during a particular period. (2) The reduction of debt by regular payments of principal and interest sufficient to retire the debt by maturity. Annuity - A fixed sum of money paid to someone each year, typically for the rest of their life. Auditor's Report - In the context of a financial audit, a statement by the auditor describing the scope of the audit and the auditing standards applied in the examination, and setting forth the auditor's opinion on the fairness of presentation of the financial information in conformity with generally accepted accounting principles (GAAP) or some other comprehensive basis of accounting. Comprehensive Annual Financial Report (CAFR) - The official annual report of a government. It includes the basic financial statements and their related notes prepared in 2013-2014 Orange County Grand Jury Page 43 17-45 ORANGE COUNTY CITY PENSION LIABILTIES conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related legal and contractual provision, required supplementary information, extensive introductory material and a detailed statistical section. Defined Benefit Pension - A company pension plan in which an employee's pension payments are calculated according to length of service and the salary they earned at the time of retirement. Defined Contribution Pension - A defined contribution plan, unlike a defined benefit plan, does not promise a specific amount of benefits at retirement. In these plans, the employee or the employer (or both) contribute to the employee's individual retirement account. Entry Age Actuarial Cost Method - A method under which the actuarial present value of the projected benefits of each individual included in an actuarial valuation is allocated on the level basis over the earnings or services of the individual between entry age and assumed exit age(s), Normal Cost - The ongoing annual cost allocated to the system by a particular actuarial cost method for providing benefits (future cost). Normal cost payments are made during the working lifetime of the member. Pension - a regular payment made during a person's retirement from an investment fund to which that person or their employer has contributed during their working life. Pension Contribution - The amount paid into a pension plan by an employer (or employee), pursuant to the terms of the plan, state law, actuarial calculations or some other basis for determinations. Pension Trust Fund - A fund used to account for public employee retirement benefits. Pension trust funds, like nonexpendable trust funds, use the accrual basis of accounting and have a capital maintenance focus. PERS-able — payments to an employee which can be included as "salary" in calculation of pension benefits. UAAL Amortization Payment - The portion of pension contributions, which is designed to pay off (amortize) the unfunded actuarial accrued liability in a systematic fashion. Equivalently, it is a series of periodic payments required to pay off a debt. Unfunded Actuarial Accrued Liability (UAAL) - The excess of the actuarial accrued liability over the actuarial value of assets. 2013-2014 Orange County Grand Jury Page 44 17-46 ORANGE COUNTY CITY PENSION LIABILTIES Appendix C — A Brief Primer on Pensions A discussion on pensions is needed as background to this report for those members of the public who may be aware of and concerned about problems with unfunded pension liabilities, but are not familiar with the sometimes arcane terms used in discussing them. The primer below is a synthesis and simplification of material publically available from various sources including: 1. Comprehensive Annual Financial Reports from Ca1PERS and OCERS 2. Discussions with senior management and technical staff of Ca1PERS and OCERS 3. Discussions with senior financial managers from three Orange County cities 4. Wikipedia Any violation of Einstein's (possibly apocryphal) dictum, "Everything should be made as simple as possible, but no simpler," is solely the responsibility of the Grand Jury and not of the various sources listed above. The paragraphs below briefly examine: 1. Pensions and their purpose 2. Two major types of pension plans 3. How pension benefits are specified 4. How pension benefits (actuarial liabilities) for retired members are computed 5. How pension benefits (actuarial liabilities) for active members are computed 6. Actuarial Accrued Liability (AAL) 7. Actuarial Value of Assets 8. What it means to say a pension has unfunded liabilities Pensions and their purpose A pension is a contract for a fixed sum to be paid regularly to a person, typically following retirement from service. There are many different types of pensions, including defined benefit plans, defined contribution plans, as well as several others. A retirement plan is an arrangement to provide people with an income during retirement after they are no longer earning a steady income from employment. Often retirement plans require both the employer and employee to contribute money to a fund during their employment in order to receive defined benefits upon retirement. A recipient of a retirement pension is known as a pensioner or retiree. Retirement pensions are typically in the form of a guaranteed life annuity, thus insuring against the "risk of longevity" (i.e., outliving one's savings). 2013-2014 Orange County Grand Jury Page 45 17-47 ORANGE COUNTY CITY PENSION LIABILTIES Two major types ofpension plans Retirement plans are classified as defined benefit or defined contribution according to how the benefits are determined and by their associated methods of funding. A defined benefit plan guarantees a certain payout at retirement, according to a fixed formula which usually depends on the member's salary and the number of years' of membership in the plan. A defined contribution plan will provide a payout at retirement that is dependent upon the amount of money contributed and the performance of the investment vehicles utilized. Defined benefit plans A defined benefit (DB) plan is a plan in which an employee's benefit on retirement is determined by a set formula, rather than depending on investment returns on that employee's savings. Traditionally, retirement plans have been administered by institutions which exist specifically for that purpose. A typical form of defined benefit plan is the final salary plan, under which the pension paid is equal to the number of years worked, multiplied by a percentage of the member's salary at retirement. Normally a minimum number of years worked and/or a minimum retirement age are specified. The employer's cost of a defined benefit plan is not easily predicted since it depends so much on the plan's ability to achieve the predicted rate of return on investment of the plan's assets as they are accrued. Since the pension benefit to the employee is defined, any shortfall in investment returns or longer than actuarially predicted employee life span post retirement for example must be made up by the employer. The employer assumes all the risk in providing the defined benefit. Defined contribution plans In a defined contribution plan, contributions are paid into an individual account for each member. The contributions are invested, for example in the stock market, and the returns on the investment (which may be positive or negative) credited to the individual's account. On retirement, the member's account is used to provide retirement benefits, sometimes through the purchase of an annuity which then provides a regular income. Defined contribution plans have become widespread all over the world in recent years, and are now the dominant form of plan in the private sector in many countries. In a defined contribution plan, investment risk and investment rewards are assumed by each individual/employee/retiree and not by the sponsor/employer, and these risks may be substantial. In addition, participants do not necessarily purchase annuities with their savings upon retirement, and bear the risk of outliving their assets. Despite the fact that the participant in a defined contribution plan typically has control over investment decisions, the plan sponsor retains a significant degree of fiduciary responsibility over investment of plan assets, including the selection of investment options and administrative providers. 2013-2014 Orange County Grand Jury Page 46 17-48 ORANGE COUNTY CITY PENSION LIABILTIES Both the CalPERS and OCERS plans used by OC cities are defined benefit plans How pension benefits are specified Pension benefits are specified as a percentage of highest annual average compensation times the number of years of service at the age of retirement. For example, "3% at 50", a benefit held by many city public safety employees, means that such an employee can retire at age 50 and receive 3% of his/her highest salary times the number of years of service. For example, a police officer hired at age 25 and retiring at age 50 with his/her highest annual salary at $160,000 will receive an annual pension of $120,000 (3% times 25 years times $160,000). How pension benefits (actuarial liabilities) for retired members are computed The pension liability for a retired member is computed based on his/her current pension payment, current age, and predictions of cost of living increases, inflation, and mortality. How pension (actuarial liabilities) for active members are computed The pension liability of an active member is computed based on his/her current salary, age, and predictions of the age at which the member will retire, salary increases occurring until retirement, inflation, and mortality. Other factors taken into consideration are the probabilities the member will become disabled or will terminate his/her service earlier than anticipated. Actuarial Accrued Liability The present value of the sum of active and retired members' pension benefits is the actuarial accrued liability Actuarial Value of Assets The value of pension plan investments and other property used by an actuary for the purpose of an actuarial valuation is the actuarial value of assets (sometimes referred to as valuation assets). Actuaries often select an asset valuation method that smoothes the effects of short-term volatility in the market value of assets. What it means to say a pension has unfunded liabilities The difference between the actuarial accrued liability and the actuarial value of assets accumulated to finance a public pension is its unfunded liability. 2013-2014 Orange County Grand Jury Page 47 17-49 ATTACHMENT B DRAFT RESPONSE September 23, 2014 The Honorable Glenda Sanders Presiding Judge of the Superior Court 700 Civic Center Drive West Santa Ana, CA 92701 RE: "Orange County City Pension Liabilities -Budget — Budget Transparency Critically Needed" Dear Judge Sanders: The City of Newport Beach has reviewed the 2013-2014 Orange County Grand Jury Report, "Orange County City Pension Liabilities — Budget Transparency Critically Needed." In response to the Grand Jury's findings and recommendations outlined in said report, the City of Newport Beach offers the following responses: Finding 1. OC cities have large unfunded pension liabilities both in terms of absolute dollar value and on a per capita basis and as a percentage of city General Fund revenues. City Response: The City of Newport Beach agrees with the finding that Orange County cities have large unfunded pension liabilities. The City continues to believe that any use of pension liability on a per capita basis misinforms and is a poor comparative indicator of pension funding progress across cities. First, we note our appreciation that the Grand Jury points out that the ability -to -pay metric (versus the per capita metric) might be a "potentially better way" of comparing unfunded pension liabilities (page 20). There are three fundamental problems with the per capita metric. No. 1 — It is nearly impossible to make accurate comparisons across cities. Each city has different operations within its service portfolio and budget. Newport Beach is a full-service city with its own library system, lifeguards, trash service (up until March 2014), water and wastewater system, and municipal police and fire/emergency medical departments. Each of these departments' annual pension expense is reported and approved in the budget. There are cities in the county with as large or larger populations that outsource such services to other public agencies or service providers. One neighboring city does not have a city library system nor a city water and wastewater utility. Another neighboring city has no city fire department, no city water and wastewater department, and no city library. These cities may hire other public agencies with pensioned employees to provide those services to their residents and as a result, pension costs may not be reflected in these cities' budgets. One would have to look at the budget of numerous small special districts, the Orange County Public Library District, the Orange County Sheriff's Department, the Orange County Fire Authority, and more to decipher the true pension liability per capita for each geographic city. Page 1 of 8 17-50 No. 2 — This statistic can misinform about how pension costs are funded, as it does not take into consideration the varied resources used to pay the City's obligations. In Newport Beach, employees pay one of the largest shares of pension costs - nearly $7.4 million (and growing) is deducted from staffs paychecks every year. This represents 27% of the total pension payment made. Moreover, local pension funding (on top of investment earnings) is also funded from the City's numerous visitors, local employers and their employees. For example, revenues from visitors who use the City's parking lots, buy a car at a local dealership, stay in a hotel room, or eat at restaurants, are used to pay the City costs, including pensions. No. 3 — Pension liability per capita says nothing about a city's ability to fund the liability. The City of Newport Beach is one of the most financially secure and stable cities in the county and has the financial means to better mitigate the financial risks associated with rising pension costs when compared to other cities (see response to Finding 3 below). This is supported by the published reaffirmation of the City's "AAA" credit rating by Fitch (dated August 1, 2014). It stated the following about Newport Beach: "Prudent financial management has resulted in a history of positive operations, augmenting the city's very high reserves, despite large planned general fund investment in capital projects. Management has successfully implemented expenditure savings, including major labor concessions and the use of contracted services. The city's total debt burden is low and likely to remain so given limited near-term capital needs. Amortization is average and the city has reduced retiree health care costs, though pension contributions are expected to rise. Carrying costs, including debt service and retiree benefit contributions, remain affordable. Total annual carrying costs, including debt service, pension ARC and OPEB contributions constitute a low 13.9% of governmental fund spending in fiscal 2013. Expenditure controls to date have been moderate, including early retirement incentive plans, increased employee contributions to pension plans, contracting services, and freezing vacant positions. Financial management policies are robust and continue to improve to meet the city's financial needs. They include a contingency reserve equal to 25% of the general fund operating budget, up from 15% at the time of Fitch's last review. " Finding 2. OC cities' unfunded pension liabilities have been increasing on a year over year basis over the past several years as a result of the assumptions that have been changed by CaIPERS and OCERS. City Response: The City of Newport Beach agrees in part with the finding. "Over the past several years' there has been a significant increase in liabilities, due to actuarial assumption changes and the dramatic fall of the markets in 2008-2009. However, in 2013 and 2014 our unfunded liability fell significantly. Not enough to bring us back to pre -recession levels, of course. We note how important it is to assign a date in time to any unfunded liability value, as the contributing factors (assets and liabilities) can fluctuate dramatically depending on the date used. Finding 3. There are risks to OC cities of changes to key actuarial assumptions including revisions downward of expected returns on investment and the likely move by pension funds to more realistic mortality assumptions, which would increase unfunded liabilities. Page 2 of 8 17-51 City Response: The City of Newport Beach agrees with the finding. We are thankful that CalPERS has made some steps in the right direction on rates of return and workforce mortality assumptions. Finding 4. Locating city budget information on a city web site is not always straightforward and prior year budgets are sometimes not posted by a city. City Response: The City of Newport Beach disagrees with the finding in terms of our own data — we cannot speak to the websites of other cities. The City provides access to the most current and prior year budgets going back to FY 1927-28. Budget documents can be accessed from the several menu paths on the City website under the "About (City)," "Finance Department," "City Government," and "Residents" web page menus at: www.newportbeachca.gov or can be accessed directly at: www.newportbeachca.gov/budget. Budgets prior to FY 2008-09 can be found on the same "City Salary and Budget Documents" web page under "Prior Year Budget Documents." Finding 5. City budgets posted online project revenues and expenditures for at most one or two years into the future and sometimes do not show prior year data. City Response: The City of Newport Beach partially disagrees with the finding in terms of our own data; we cannot speak to the budget documents of other cities. The City does present prior year revenues and expenditures going back four years from the current year adopted budget but deliberately presents and adopts a one-year operating budget. The City prepares many long- range planning documents and projections where long-term planning is prudent and necessary especially for capital replacement and debt management. These tools take various forms from spreadsheets to databases. Finding 6. City budgets often lack footnotes explaining key assumptions, risks, and unusual changes in budgeted amounts or revenues and expenditures. City Response: The City of Newport Beach partially agrees with the finding. We can always do better to explain budgeting practices and assumptions. A discussion of key budget highlights can be found in the Transmittal Letter of the Budget. A discussion of pension risk can be found on pages 148-150 of the Performance Plan. Finding 7. City budgets sometimes do not provide trend data on the accumulation /drawdown of reserves and lack details on the city's plan for the size of its reserves or their intended uses. City Response: The City of Newport Beach partially disagrees with the finding. The City does provide detail regarding the size of reserves and projects its sources and intended uses for two fiscal years (please see pages 19-24 of the FY 2014-15 Budget Detail document at: www.newportbeachca.gov/budget.) Most analysts seek historical trend data from city Comprehensive Annual Financial Reports (CAFR) and not the budget. The City also believes Page 3 of 8 17-52 that trend data ought to be compiled from the CAFR, which are based on audited actual results and can be obtained at: www.newportbeachca.gov/cafr. Finding 8. Cities can control most future expenditures by increasing or decreasing budgets for those expenditures as funds are available. However, increases to annual required contributions to their pension systems are imposed externally, change unpredictably, and when they occur, are ramped up over two to five years. City Response: The City of Newport Beach agrees with the finding. One of the most impactful actuarial assumptions that affect the City's pension funded status and annual required contribution is the assumed and actual rate of return on the pension assets that are invested in the pension trust. The actual rate of return is largely dependent on financial markets and economic cycles. As a result, the City's pension assets can vary from one actuarial valuation to the next. Even when the City diligently pays CalPERS the Annual Required Contribution (ARC), determined by pension actuaries, the funded status of the plan can change rapidly over a short period of time. As demonstrated in the chart below, CalPERS investment returns decreased 24% in fiscal year 2009 and by fiscal year 2011 had increased 21.7% from the prior year. CalPERS Investment Returns 30111, 3 0% 3 0% 30% z0% i0% 00% -24.0% 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 While the equities markets are now above the levels in 2007, they still fall short of the where investment balances would have been had they continued to grow 7.5% annually since 2007. Fortunately, the risks are somewhat mitigated by the City's ability to set aside significant resources. During both strong and uncertain economic times, reserve funds provide the City with budgetary options that can help mitigate the need to cut services. Finding 9. City budgets posted online do not explicitly show the link between planned city pension expenditures and pension system actuarial reports and those reports' Page 4 of 8 17-53 annual required contributions. Risks associated with predictions of future annual required pension contributions based on risk assessment data provided by their pension systems and/or based on their own analysis are not discussed. City Response: The City of Newport Beach disagrees with the finding with respect to our own documents, website, and discussions. We cannot speak to other cities documents, websites and discussions. City budgets do incorporate the annual required contributions from the latest actuarial reports. We continue to have robust discussions with our pension actuaries, Council, the community, and our Finance Committee about where pension costs are headed, how to lower them, and why. Narrative discussions can be found in the Transmittal Letters of our budget as well as pages 148-150 of the FY 2014-15 Performance Plan (summary budget document) at: www.newportbeachca.gov/budget. The City Manager's newsletter — mailed out to all residences in Newport Beach — also typically discusses pension issues. Finance Committee review and discussions of our actuarial reports and or subsequent discussions can be found on our website under Finance Committee Agendas at: http://newportbeachca.ciov/index.aspx?page=964 "View Past Meetings" See example, Finance Committee discussions: • November 18, 2013 • February 23, 2013 • May 7, 2012 • November 7, 2011 Finding 10. Pension costs for New (Post-PEPRA) employees will be substantially lower than for Legacy employees, but only a small percentage of current employees, typically only a few percent of total employees, are New. Substantially reduced pension costs for cities as a result of pension reform will not be realized for one or more decades. City Response: The City of Newport Beach agrees with the finding; however, we note our appreciation that PEPRA was enacted into law to assist all Californians in bringing a bit more realism to public employee retirement benefits. Finding 11. CalPERS Annual Valuation Reports for Miscellaneous and Safety City employees are available to the public online for a very small number of cities. City Response: Annual Valuation reports for most or all CaIPERs agencies can be obtained directly from the CalPERS website at: https://www.calpers.ca.gov/index.Fsp?bc=/about/forms-pubs/calpers- reports/actuarial-reports/home.xml Finding 12. OCERS provides pension plans for OCFA and OCSD employees, but there is no way to trace through publically available sources OCERS unfunded pension liabilities to the city budgets which outsource to OCFA and OCSD for fire and police services. Page 5 of 8 17-54 City Response: Not applicable. Recommendation 1. Each city should post its current and at least three most recent prior year budgets on the city's web site, and these budgets should be easily located. Each city's web site should have a search engine and a single search on the word "budget" should immediately link to the current budget. (Finding 1) (Finding 4) City Response: The recommendation has been implemented. The City provides access to the most current and prior year budgets going back to FY 1927-28. Budget documents can be accessed from the several menu paths on the City website under the "About (City)," "Finance Department," "City Government," and "Residents" web page menus at: www.newportbeachca.gov or can be accessed directly at: www.newportbeachca.gov/budget. Budgets prior to FY 2008-09 can be found on the same "City Salary and Budget Documents" web page under "Prior Year Budget Documents" Please see http://ecros.newr)ortbeachca.gov/Web/Browse.asr)x?startid=5743&cnb=Financiallnformation&db id=0 The City's website contains a search engine and locates budget documents when the word "budget" is searched. Recommendation 2. Each city's budget information should contain not only this year/next year budget projections, but should show at least five years of projected revenues and expenditures. Projections should be at the same level of detail and use the same line item structure as information for the current budget. (Finding 1) (Finding 2) (Finding 3) (Finding 5) (Finding 8) (Finding 10) City Response: This recommendation will not be implemented at "the same level of detail" as current budgets. The City recognizes that long-term forecasting is an essential part of prudent fiscal planning, especially as it relates to long-term capital replacement and debt management and does so in various internal planning tools. The City also believes long-term forecasts are best managed and are more meaningful at the 30,000 -foot -level. The City respectfully disagrees that preparing five year operating budgets at the department/object level would provide informative results and believe this action would be so speculative that it may not accomplish the desired result. Recommendation 3. Each city's budget should show separate line items for predicted employee and predicted employer contributions for the city pension systems. (Finding 8) (Finding 9) City Response: This recommendation has been implemented. The normal cost of pension plans, the employee contribution towards pension plans, the amortized cost of unfunded liability, and the net CalPERS pension cost to the City are segregated in the FY 2014-15 Budget Detail at: www.newporbeachca.gov/budget. Page 6 of 8 17-55 A description of the accounts and explanation of these terms can be reviewed on the unnumbered third page of the FY 2014-15 Budget Detail at: www.newportbeachca.gov/budget. Recommendation 4. Each city's budget should provide trend data on the accumulation/drawdown of reserves and provide details on the city's policy for the size of its reserves and on the intended uses of such reserves. In particular any discussion of reserves should address possible use of reserves to accelerate amortization of unfunded pension liabilities. (Finding 7) City Response: We agree that trend data on reserves, reserve policies, and a regular discussion of strategic uses of reserves deserves strong transparency. We question whether the entire recommendation is best suited for budget documents. Council Policy F-2, "Reserves" provides staff guidance concerning the size and intended purpose of reserves, directs staff to pay 100% of the Annual Required Contribution (ARC), and contemplates use of reserves when the funded status of the pension plans fall below acceptable actuarial standards (www.newportbeachca.gov/policies). The City provides detail regarding the size of reserves and projects its sources and intended uses for two fiscal years (please see pages 19-24 of the FY 2014-15 Budget Detail document at: www.newportbeachca.gov/budget). Historical trend data can be culled from Comprehensive Annual Financial Reports (CAFR) which are audited actual results and are readily available at: www.newportbeachca.gov/cafr. Use of reserves to amortize unfunded pension liabilities and other pension mitigation strategies are complex discussions involving consultation with our actuaries and careful financial analysis. We discuss the status of our pension plans, potential risks and opportunities with our Finance Committee in a public and noticed meeting on a regular basis. To us, the Committee and Council discussions, which have tended to occur at least annually and often more so, are ideal mechanisms for decision-making in the public eye. Recommendation 5. Each city using CaIPERS for one or more of its pension plans should identify the names and dates of the CalPERS Annual Valuation Report(s) which call out Annual Required Contributions (ARCS) for these plans and should provide a separate expenditure line item for predicted city catch-up contributions for the city pension systems based on these ARCS. A discussion of the risks associated with these CaIPERS projections should also be provided by the city. (Finding 1) (Finding 2) (Finding 8) (Finding 9) City Response: This recommendation has been implemented. There is a direct correlation between the budgeted fiscal year and the pension contribution rates for any given fiscal year (The pension contribution rates determine the Annual Required Contribution). The City does provide a separate expenditure line for the "catch-up" portion of the ARC. This represents the amortization of the Unfunded Actuarial Liability (UAL). A description of the accounts and explanation of these terms can be reviewed on the unnumbered third page of the FY 2014-15 Budget Detail at: www.newportbeachca.gov/budget. Page 7 of 8 17-56 Narrative discussions of the "risks associated with CalPERS projections" can be found pages 148-150 of the FY 2014-15 Performance Plan at: www.newportbeachca.gov/budget. Recommendation 6. Each city which outsources fire or police services to OCFA and/or OCSD should require them to provide projections of future costs of service out at least five years into the future and require that these projected costs explicitly show the relationship of projected pension costs including amortization of unfunded liabilities. This level of pension cost information should be provided in budgeted expenditures for outsourced services. A discussion of the risks associated with these projections should also be provided by the agencies and incorporated in the city's budgets. (Finding 6) (Finding 12) City Response: Not applicable to our community. We do, however, appreciate the Grand Jury's recognition that there can be a less visible pension liability affecting communities that contract for public safety and other services. Including these liabilities in the broader discussion of city -by -city liabilities, while still inadequate for the reasons stated in our response to Finding 1, would at least start to tilt the "per capita" playing field a little closer to level. Recommendation 7. Each city that has CaIPERS as a provider for pensions should include a provision in their agreements with CaIPERS that CaIPERS will post their Annual Valuation Reports online. (Finding 11) City Response: This recommendation has been implemented. The City of Newport Beach's annual CalPERS Annual Valuation reports can be obtained directly from the CalPERS website at: https://www.calpers.ca.gov/index. isp?bc=/about/forms-pubs/calpers-reports/actuarial- reports/browse-res u Its.xm I &strCat I d=2&g=n ewport-beach-city. If you have any questions about the City's response to these findings and recommendations, please do not hesitate to ask us. Sincerely, Dave Kiff City Manager 17-57 ATTACHMENT C AEW�Rr Focus: Pension Liability Ci o®@ City of Newport Beach tG By Dave Kiff, City Manager, and Dan Matusiewicz, Finance Director croa" August 12, 2014 In recent weeks, a few newsworthy things have brought public employee pensions back into focus: 1. The Orange County Grand Jury came out with a report (Orange County City Pension Liabilities - Budget Transparency Critically Needed — June 25, 2014) asking for additional transparency in local governments' pension liabilities, among other things. 2. The giant California Public Employees Retirement System (PERS) announced that its estimated rate of return for the fiscal year that ended June 30, 2014 was 18.4%. This is well higher than its annual assumption of a 7.5% return. The year that ended June 30, 2013 brought PERS an estimated 13.2% rate of return. 3. Some attention was focused on a new rule by the Governmental Accounting Standards Board (GASB) known as GASB No. 68, which revised and established new financial reporting requirements for cities like ours. As is typical with any news about pensions, one perspective or another may use the information to advocate a certain strategy. We respect that. But we also encourage your caution. Please know that the City of Newport Beach views its employees' pension costs as a matter of significant concern. Effective pension reform is critical to every municipality's success. Our City Council has taken significant steps towards reducing pension costs to date. Here are some common assertions relating to pensions here that deserve your deeper thought: 1 -The amount of our pension liability. It was estimated at $275 million on June 30, 2012 —that was 25 months ago. Our most recent information shows it going down by about $17 million (6.2%) in one year to $257.9M as of June 30, 2013. We haven't been notified of that formally yet but anticipate our official plan valuation in early September. Currently, June 30, 2012's data is the only formal data anyone has. That meant that we had a market value of $462 million in our PERS account for that day, but needed another $275 million (an estimate) to be able to fully fund our retirees' and future retirees' benefits for that day. This shortfall is called the Unfunded Actuarial Liability or "UAL" —referred to here as our pension liability. About 70% of the pension liability is attributable to benefits for persons already retired. Because our PERS portfolio is based on equities, real estate performance and other factors, the very next day the unfunded liability changed. In a year, or over the course of two years, it can change a great deal. The pension liability in August 2014, with the Dow Jones Industrial Average in the 16,300 range, is likely to be different from the unfunded pension liability on June 30, 2012 when the Dow was 12,880. The unfunded pension liability is still high, though. 2 — "Newport Beach the highest pension liability per capita of any city in Orange County." There are at least three reasons why this statistic has very limited value, if any value at all. First, it compares apples to oranges. Each city has different operations within its portfolio and budget. Newport Beach is about as full-service as cities come — we have our own library system, our 17-58 own lifeguards, our own trash service (up until March 2014), our own water and wastewater system, and municipal police and fire/emergency medical departments. Each of these departments' annual pension expense is reported and approved in the budget. FYI, the City's unfunded pension liability and something we call the schedule of pension funding progress (which includes the unfunded liability) is and has always been shown in the City's Comprehensive Annual Financial Report (CAFR). You can find that at: www.newportbeachca.gov/CAFR (please see pages 126-130 of the June 30, 2013 report). It's nearly impossible to make accurate comparisons across cities. Even the Grand Jury makes a mistake here by writing that the 10 cities it compares provide an "apples to apples" comparison (p20). Respectfully, that's not so. One neighboring city doesn't have a city library system nor City water and wastewater. Another big neighbor to us (not one of the 10 though) has no city fire department, no city water and wastewater department, and no city library. But typically there are public agencies with pensioned employees providing most of those services to residents in these cities. The costs just don't show up as a line item in the city government's budget. One would have to look to numerous small special districts, the Orange County Public Library District, the Orange County Sheriff's Department, the Orange County Fire Authority, and more to decipher the true pension liability per capita for each geographic city. Second, it ignores (and tends to misinform about) how pension costs are funded. If we were you and read "per resident" we might assume that residents are responsible alone for pension costs. But that's not so. In Newport Beach, our employees pay one of the largest shares of pension costs — nearly $7.4 million (and growing) is deducted from staff's paychecks every year. That's 27% of the total pension payment made. Local pension funding (on top of investment earnings) is also funded from our numerous visitors, local employers and their employees — every time someone parks in our parking lots, buys a car at a local dealership, stays in a hotel room, or eats at a restaurant, these visitors help pay for all city costs, including pensions. Newport Beach, Brea and Laguna Beach are examples of cities that rank high on the per capita metric. In the case of Newport and Laguna, both are coastal cities that have smaller nighttime populations, but heavy visitor use and, in our case, lots of daytime office workers. We have to provide services (like fire, emergency medical, police, water, sewer, beach maintenance, lifeguarding, more) to tens of thousands more people than our resident base. But these visitors and day office workers also help pay for the service through sales taxes, hotel bed taxes, use of our concessions, and more. Third, pension liability per capita says nothing about a city's ability to actually pay it off. The Grand Jury's report did analyze and compare a city's ability to fund the liability. The Grand Jury report said, notably, the city with the highest per capita liability in the list is one of the wealthiest as well (meaning Newport Beach) (p20). The Grand Jury said that Newport Beach has the lowest unfunded liability as a percentage of general fund revenues (p21). The Grand Jury said that this ability -to -pay metric was a "potentially better way" of comparing unfunded pension liabilities (p20) than pension liability per capita. 3 - "Didn't PERS earn 18% return on its investments this year? Problem solved — right?" This is the other perspective, and caution is needed here, too. 17-59 First, the stock market would need to be significantly higher than it is today to recoup all of the losses from the recession of 2008-2010. And even significant gains — such as 18.4% in one year — are gains made from a smaller investment portfolio than had that portfolio risen consistently at 7.5% per year. Second, it is clear across California that the pension benefits given years ago to many municipal employees assumed things that haven't come to pass. The pension estimates assumed that a greater percentage of staff members would choose to retire a few years or more after their earliest retirement eligibility date. They also assumed that retirees' life expectancy would be shorter. Both assumptions appear to have been wrong. So changes here, too, are calculated into our pension liability (for the pension wanks, this is done via regular "mortality and experience studies"), and tend to increase the liability. Thus, pension liability is almost always changing — each time a new study is done, for instance. 4 - GASB 68 (the new accounting rule) will dramatically change the City's fiscal picture. No, it won't. First, what is GASB? The Governmental Accounting Standards Board (GASB) is an advisory board (www.gasb.org) whose mission is to improve the standards of state and local governmental accounting and reporting to provide more useful information that educates the public. Current accounting standards require that cities report two perspectives on their finances. The first is the "fund" perspective — with liquid assets (cash, receivables, etc) and near-term liabilities (such as the current year's planned expenditures) as the primary focus. The second perspective is the government -wide financial perspective - where we show long-term assets and long-term liabilities on a government -wide balance sheet. We do this now, and it's fully explained in our Comprehensive Annual Financial Report (CAFR). GASB 68 elevates the reporting of the pension liability onto the government -wide balance sheet a further development of this long-term perspective. However, when reported on a government -wide balance sheet, our data will show that our long term assets total about $2.5 billion (billion with a "b"), and include the city's infrastructure. Our long-term liabilities include the pension liability (which as of June 30, 2012 was $275 million) and our civic center certificates of participation (about $116.5 million at the end of June 2015). Because this information was previously disclosed in our financial statements, the new accounting standards do not change the City's fiscal picture, about which Fitch Ratings most recently (August 1, 2014) said as it reaffirmed our "AAA" Issuer Credit Rating: • "Prudent financial management has resulted in a history of positive operations, augmenting the city's very high reserves, despite large planned general fund investment in capital projects. Management has successfully implemented expenditure savings, including major labor concessions and the use of contracted services. • "Low Debt, Carrying Costs. The city's total debt burden is low and likely to remain so given limited near-term capital needs. Amortization is average and the city has reduced retiree health care costs, though pension contributions are expected to rise. Carrying costs, including debt service and retiree benefit contributions, remain affordable. Total annual carrying costs, including debt service, pension ARC and OPEB contributions constitute a low 13.9% of governmental fund spending in fiscal 2013. • "Expenditure controls to date have been moderate, including early retirement incentive plans, increased employee contributions to pension plans, contracting services, and freezing vacant positions. 17-60 • "Financial management policies are robust and continue to improve to meet the city's financial needs. "They include a contingency reserve equal to 25% of the general fund operating budget, up from 15% at the time of Fitch's last review. Going Forward A good question to ask about pensions is this: What has the city done to try and fix the problem — and is it enough? Here is what the Newport Beach City Council has done (among other things): • The City is paying more now to eliminate the liability faster. The Council in 2013 adopted a Fixed Amortization Schedule to eliminate the pension liability over a shorter period of time. We will pay an additional $72.2 million over 30 years to reduce the unfunded liability by approximately $185.7 million. This will avoid $113 million in interest. For non -safety employees, the current liability should be eliminated in 21 years, with the Safety employees' current liability gone in 25 years. • Employees are paying more for their own pensions. To the tune of $7.4 million in FY 14-15. Many employees pay about 11% of their salary towards PERS (increasing to 12.35% in July 2015). Others pay between 8% and 12.8% (some increasing to 13.5%) of their salary. In 2014-15, the City's employees on average will be exceeding the goal set by Governor Brown for 2018 in terms of paying for their share of pension costs. • Thoughtful Outsourcing. Outsourcing (including outsourcing the community's very well -liked in- house residential trash service as of March 2014) has helped reduce the overall amount of staff at the City from 833 full-time positions in FY 2009-10 to 727 now. This does not affect the legacy unfunded liability, but it can stop additional liability from accruing. • We have always paid what PERS says we owe. City Council Policy F-2 directs us to pay 100% of the annual required pension contribution ("ARC") each and every year. • The City established lower benefit formulas for new employees. These are: o New staff coming from other agencies where they were PERS members can retire at: • Age 60 with 2% of salary for each year's service (all non -Safety) • Age 50 with 2% of salary for each year's service (Fire personnel) • Age 55 with 3% of salary for each year's service (Police personnel) o New staff coming in who have not been members of PERS: • Age 62 with 2% of salary for each year's service (all non -Safety) • Age 57 with 2.7% of salary for each year's service (Fire and Police) The above steps earned Newport Beach a "Rose" award for pension reform from the Orange County Taxpayers Association in 2013. 17-61 Is all of that enough? It's hard to say. All things being equal, we believe that Newport Beach has accomplished a lot — maybe as much or more than nearly any other city in the region. More can always be done, but it requires extensive labor negotiations and even changes in State laws or PERS rules. Here are some of the suggestions we hear: "Move the public employees into a 401(k) -style defined contribution plan like the private sector." We can't do this yet — it's not legal. When we hire someone, we can only offer benefits that the PERS system offers, and right now PERS and the Legislature have not created new or hybrid 401(k) -style plans. Which is in part why we've outsourced more and have hired fewer full-time employees. The State could be of more help in pension reform, although they too have made progress over the last few years. A key for localities would be to allow us to have more leeway in negotiating locally -beneficial reforms (like allowing defined contribution (DC) plans to play a more prominent role in retirement benefits) with our bargaining units. "Get out of PERS entirely." This cannot be done without a huge, nearly impossible payment to meet all of the pension obligations right now. PERS calculates the withdrawal number at a very conservative discount rate based on US Treasury yields, not the current 7.5% discount rate. "Employees should pay more." As noted, most employees are paying between 8% and 12% or more of their salary for pension costs. That's $7.4 million from their paychecks in this year alone. It's also more than most of the cities that compete with us for quality staff members. For most of our staff, this payroll deduction is now over half of the cost of their own pension benefit cost (referred to as the "normal" cost). We note that about 70% of the pension liability accrued is attributable to persons already retired. If current employees pay more of this cost, then they are paying for a benefit that retirees receive. And at what point do our employees decide to leave to another community that may not have the same pension deductions? We always want to serve the Newport Beach community well by retaining quality staff—from engineers to planners, from police officers to paramedics, and more. "The City should be paying off the pension liability even faster." Maybe — but maybe not. The Dow was at 17,000 a few weeks ago, and now it's lower. A lot of money deposited with PERS a few weeks ago might have taken a nice haircut by today. In light of that, the Council's adoption of the fixed amortization schedule combined with payments that "dollar -cost -average" investments over time makes good sense. The other things to keep in mind about paying more to PERS now include: • Does paying more now amend the current cooperation whereby employees pay more of the pension costs? This does seem to be a good partnership that appropriately moves the cost burden away from the City's general fund and your tax dollars. • What about the opportunity cost? o What programs, landscaping and park projects, or community buildings might not happen if more resources go to PERS today? o If we pay more to PERS today and sacrifice a road repair project or a tree trimming cycle, that could have a the perverse effect of damaging property values over time, and result in reduced quality of life and lower tax revenues. Another important thought about the "pay more now" strategy is that the pension liability is not like a mortgage, where you have a fixed amount and often a fixed plan to pay it off. Pension liability is 17-62 actuarially -based — meaning it's based on very complex assumptions that can change over and over again, moving the number up or down. Your payoff plan therefore, needs to be adjusted and refined frequently in order to hit the target at the end. In closing, please think critically about what you read about pensions — including what we wrote here. This is but one perspective. Again, consider asking people "what would you do differently than what's being done now?" The answers aren't easy. If you have any questions about pensions, please do not hesitate to ask us. Dave Kiff City Manager 949-644-3001 or dkiff@newportbeachca.gov Dan Matusiewicz Finance Director 949-644-3123 or danm@newportbeachca.gov 17-63 } a n September 23, 2014 The Honorable Glenda Sanders Presiding Judge of the Superior Court 700 Civic Center Drive West Santa Ana, CA 92701 f* ° � �� r !1 Mpg`3 tP1 ""' ;�' 'fss, la I "U! N1 a �S' 1! aii r„ i 6 d r„ CITY OF NEWPORT B., -- Office Office of the City Manager RE: "Orange County City Pension Liabilities -Budget — Budget Transparency Critically Needed" Dear Judge Sanders: The City of Newport Beach has reviewed the 2013-2014 Orange County Grand Jury Report, "Orange County City Pension Liabilities — Budget Transparency Critically Needed." In response to the Grand Jury's findings and recommendations outlined in said report, the City of Newport Beach offers the following responses: Finding 1. OC cities have large unfunded pension liabilities both in terms of absolute dollar value and on a per capita basis and as a percentage of city General Fund revenues. City Response: The City of Newport Beach agrees with the finding that Orange County cities have large unfunded pension liabilities. The City continues to believe that any use of pension liability on a per capita basis misinforms and is a poor comparative indicator of pension funding progress across cities. First, we note our appreciation that the Grand Jury points out that the ability -to -pay metric (versus the per capita metric) might be a "potentially better way" of comparing unfunded pension liabilities (page 20). There are three fundamental problems with the per capita metric. No. 1 — It is nearly impossible to make accurate comparisons across cities. Each city has different operations within its service portfolio and budget. Newport Beach is a full-service city with its own library system, lifeguards, trash service (up until March 2014), water and wastewater system, and municipal police and fire/emergency medical departments. Each of these departments' annual pension expense is reported and approved in the budget. There are cities in the county with as large or larger populations that outsource such services to other public agencies or service providers. One neighboring city does not have a city library system nor a city water and wastewater utility. Another neighboring city has no city fire department, no city water and wastewater department, and no city library. These cities may hire other public agencies with pensioned employees to provide those services to their residents and as a result, pension costs may not be reflected in these cities' budgets. One would have to look at the budget of numerous small special districts, the Orange County Public Library District, the Orange County Sheriff's Department, the Orange County Fire Authority, and more to decipher the true pension liability per capita for each geographic city. Newport Beach Civic Center 9 100 Civic Center Drive • Post Office Box 1768 Newport Beach, California 92658-8915 • ww-v.newportbeachca.gov (949) 644-3000 Letter to the Honorable Glenda Sanders September 23, 2014 Page 2 of 8 No. 2 — This statistic can misinform about how pension costs are funded, as it does not take into consideration the varied resources used to pay the City's obligations. In Newport Beach, employees pay one of the largest shares of pension costs - nearly $7.4 million (and growing) is deducted from staff's paychecks every year. This represents 27% of the total pension payment made. Moreover, local pension funding (on top of investment earnings) is also funded from the City's numerous visitors, local employers and their employees. For example, revenues from visitors who use the City's parking lots, buy a car at a local dealership, stay in a hotel room, or eat at restaurants, are used to pay the City costs, including pensions. No. 3 — Pension liability per capita says nothing about a city's ability to fund the liability. The City of Newport Beach is one of the most financially secure and stable cities in the county and has the financial means to better mitigate the financial risks associated with rising pension costs when compared to other cities (see response to Finding 3 below). This is supported by the published reaffirmation of the City's "AAA" credit rating by Fitch (dated August 1, 2014). It stated the following about Newport Beach: "Prudent financial management has resulted in a history of positive operations, augmenting the city's very high reserves, despite large planned general fund investment in capital projects. Management has successfully implemented expenditure savings, including major labor concessions and the use of contracted services. The city's total debt burden is low and likely to remain so given limited near-term capital needs. Amortization is average and the city has reduced retiree health care costs, though pension contributions are expected to rise. Carrying costs, including debt service and retiree benefit contributions, remain affordable. Total annual carrying costs, including debt service, pension ARC and OPER contributions constitute a low 13.9% of governmental fund spending in fiscal 2013. Expenditure controls to date have been moderate, including early retirement incentive plans, increased employee contributions to pension plans, contracting services, and freezing vacant positions. Financial management policies are robust and continue to improve to meet the city's financial needs. They include a contingency reserve equal to 25% of the general fund operating budget, up from 15% at the time of Fitch's last review." Finding 2. OC cities' unfunded pension liabilities have been increasing on a year over year basis over the past several years as a result of the assumptions that have been changed by Ca1PERS and OCERS. City Response: The City of Newport Beach agrees in part with the finding. "Over the past several years" there has been a significant increase in liabilities, due to actuarial assumption changes and the dramatic fall of the markets in 2008-2009. However, in 2013 and 2014 our unfunded liability fell significantly. Not enough to bring us back to pre -recession levels, of course. We note how important it is to assign a date in time to any unfunded liability value, as the contributing factors (assets and liabilities) can fluctuate dramatically depending on the date used. Finding 3. There are risks to OC cities of changes to key actuarial assumptions including revisions downward of expected returns on investment and the likely move by pension funds to more realistic mortality assumptions, which would increase unfunded liabilities. Newport Beach Civic Center • 100 Civic Center Drive • Post Office Box 1768 Newport Beach, California 92658-8915 • vvwx w.newportbeachca.gov (949) 644-3000 Letter to the Honorable Glenda Sanders September 23, 2014 Page 3 of 8 City Response: The City of Newport Beach agrees with the finding. We are thankful that CalPERS has made some steps in the right direction on rates of return and workforce mortality assumptions. Finding 4. Locating city budget information on a city web site is not always straightforward and prior year budgets are sometimes not posted by a city. City Response: The City of Newport Beach disagrees with the finding in terms of our own data — we cannot speak to the websites of other cities. The City provides access to the most current and prior year budgets going back to FY 1927-28. Budget documents can be accessed from the several menu paths on the City website under the "About (City)," "Finance Department," "City Government," and "Residents" web page menus at: www.newportbeachca.gov or can be accessed directly at: www.newportbeachca.gov/budget. Budgets prior to FY 2008-09 can be found on the same "City Salary and Budget Documents" web page under "Prior Year Budget Documents." Finding 5. City budgets posted online project revenues and expenditures for at most one or two years into the future and sometimes do not show prior year data. City Response: The City of Newport Beach partially disagrees with the finding in terms of our own data; we cannot speak to the budget documents of other cities. The City does present prior year revenues and expenditures going back four years from the current year adopted budget but deliberately presents and adopts a one-year operating budget. The City prepares many long- range planning documents and projections where long-term planning is prudent and necessary especially for capital replacement and debt management. These tools take various forms from spreadsheets to databases. Finding 6. City budgets often lack footnotes explaining key assumptions, risks, and unusual changes in budgeted amounts or revenues and expenditures. City Response: The City of Newport Beach partially agrees with the finding. We can always do better to explain budgeting practices and assumptions. A discussion of key budget highlights can be found in the Transmittal Letter of the Budget. A discussion of pension risk can be found on pages 148-150 of the Performance Plan. Finding 7. City budgets sometimes do not provide trend data on the accumulation /drawdown of reserves and lack details on the city's plan for the size of its reserves or their intended uses. City Response: The City of Newport Beach partially disagrees with the finding. The City does provide detail regarding the size of reserves and projects its sources and intended uses for two fiscal years (please see pages 19-24 of the FY 2014-15 Budget Detail document at: www.newportbeachca.gov/budget.) Most analysts seek historical trend data from city Newport Beach Civic Center • 100 Civic Center Drive • Post Office Box 1768 Newport Beach, California 92658-8915 • www.newportbeachca.goc (949) 644-3000 Letter to the Honorable Glenda Sanders September 23, 2014 Page 4 of 8 Comprehensive Annual Financial Reports (CAFR) and not the budget. The City also believes that trend data ought to be compiled from the CAFR, which are based on audited actual results and can be obtained at: www.newportbeachca.gov/cafr. Finding 8. Cities can control most future expenditures by increasing or decreasing budgets for those expenditures as funds are available. However, increases to annual required contributions to their pension systems are imposed externally, change unpredictably, and when they occur, are ramped up over two to five years. City Response: The City of Newport Beach agrees with the finding. One of the most impactful actuarial assumptions that affect the City's pension funded status and annual required contribution is the assumed and actual rate of return on the pension assets that are invested in the pension trust. The actual rate of return is largely dependent on financial markets and economic cycles. As a result, the City's pension assets can vary from one actuarial valuation to the next. Even when the City diligently pays CalPERS the Annual Required Contribution (ARC), determined by pension actuaries, the funded status of the plan can change rapidly over a short period of time. As demonstrated in the chart below, CalPERS investment returns decreased 24% in fiscal year 2009 and by fiscal year 2011 had increased 21.7% from the prior year. CaIPERS Investment Returns M 9; 95 9< ?' 96 Sts C', 'J' v_ C11 `'J ;5 ":'C i:' A : 4 _ I' , _ While the equities markets are now above the levels in 2007, they still fall short of the where investment balances would have been had they continued to grow 7.5% annually since 2007. Fortunately, the risks are somewhat mitigated by the City's ability to set aside significant resources. During both strong and uncertain economic times, reserve funds provide the City with budgetary options that can help mitigate the need to cut services. Newport Beach Civic Center • 100 Civic Center Drive • Post Office Box 1768 Newport Beach, California 92658-8915 • www,newportbeachca.gov (949) 644-3000 Letter to the Honorable Glenda Sanders September 23, 2014 Page 5 of 8 Finding 9. City budgets posted online do not explicitly show the link between planned city pension expenditures and pension system actuarial reports and those reports' annual required contributions. Risks associated with predictions of future annual required pension contributions based on risk assessment data provided by their pension systems and/or based on their own analysis are not discussed. City Response: The City of Newport Beach disagrees with the finding with respect to our own documents, website, and discussions. We cannot speak to other cities documents, websites and discussions. City budgets do incorporate the annual required contributions from the latest actuarial reports. We continue to have robust discussions with our pension actuaries, Council, the community, and our Finance Committee about where pension costs are headed, how to lower them, and why. Narrative discussions can be found in the Transmittal Letters of our budget as well as pages 148-150 of the FY 2014-15 Performance Plan (summary budget document) at: www.newportbeachca.gov/budget. The City Manager's newsletter — mailed out to all residences in Newport Beach — also typically discusses pension issues. Finance Committee review and discussions of our actuarial reports and or subsequent discussions can be found on our website under Finance Committee Agendas at: http://newportbeachca.gov/index.aspx?page=964 "View Past Meetings" See example, Finance Committee discussions: • November 18, 2013 • February 23, 2013 • May 7, 2012 • November 7, 2011 Finding 10. Pension costs for New (Post-PEPRA) employees will be substantially lower than for Legacy employees, but only a small percentage of current employees, typically only a few percent of total employees, are New. Substantially reduced pension costs for cities as a result of pension reform will not be realized for one or more decades. City Response: The City of Newport Beach agrees with the finding; however, we note our appreciation that PEPRA was enacted into law to assist all Californians in bringing a bit more realism to public employee retirement benefits. Finding 11. CalPERS Annual Valuation Reports for Miscellaneous and Safety City employees are available to the public online for a very small number of cities. City Response: Annual Valuation reports for most or all CalPERs agencies can be obtained directly from the CalPERS website at: https://www.calpers.ca.qov/index.Isp?bc=/about/forms-pubs/calpers- reports/actuarial-reports/home.xml Finding 12. OCERS provides pension plans for OCFA and OCSD employees, but there is no way to trace through publically available sources OCERS unfunded pension liabilities to the city budgets which outsource to OCFA and OCSD for fire and police services. Newport Beach Civic Center • 100 Civic Center Drive • Post Office Box 1768 Newport Beach, California 92658-8915. www.newportbeachca.gov (949) 644-3000 Letter to the Honorable Glenda Sanders September 23, 2014 Page 6 of 8 City Response: Not applicable. Recommendation 1. Each city should post its current and at least three most recent prior year budgets on the city's web site, and these budgets should be easily located. Each city's web site should have a search engine and a single search on the word "budget" should immediately link to the current budget. (Finding 1) (Finding 4) City Response: The recommendation has been implemented. The City provides access to the most current and prior year budgets going back to FY 1927-28. Budget documents can be accessed from the several menu paths on the City website under the "About (City)," "Finance Department," "City Government," and "Residents" web page menus at: www.newportbeachca.gov or can be accessed directly at: www.newportbeachea.gov/budget. Budgets prior to FY 2008-09 can be found on the same "City Salary and Budget Documents" web page under "Prior Year Budget Documents" Please see http://ecros.newportbeachca.gov/Web/Browse.aspx?startid=5743&cnb=FinancialInformation&db id=0 The City's website contains a search engine and locates budget documents when the word "budget" is searched. Recommendation 2. Each city's budget information should contain not only this year/next year budget projections, but should show at least five years of projected revenues and expenditures. Projections should be at the same level of detail and use the same line item structure as information for the current budget. (Finding 1) (Finding 2) (Finding 3) (Finding 5) (Finding 8) (Finding 10) City Response: This recommendation will not be implemented at "the same level of detail" as current budgets. The City recognizes that long-term forecasting is an essential part of prudent fiscal planning, especially as it relates to long-term capital replacement and debt management and does so in various internal planning tools. The City also believes long-term forecasts are best managed and are more meaningful at the 30,000 -foot -level. The City respectfully disagrees that preparing five year operating budgets at the department/object level would provide informative results and believe this action would be so speculative that it may not accomplish the desired result. Recommendation 3. Each city's budget should show separate line items for predicted employee and predicted employer contributions for the city pension systems. (Finding 8) (Finding 9) City Response: This recommendation has been implemented. The normal cost of pension plans, the employee contribution towards pension plans, the amortized cost of unfunded liability, and the net CalPERS pension cost to the City are segregated in the FY 2014-15 Budget Detail at: www.newporbeaGhca.gov/budget. Newport Beach Civic Center i 100 Civic Center Drive • Post Office Box 1768 Newport Beach, California 92658-8915 ` cvww.newportbeachca.gov (949) 644-3000 Letter to the Honorable Glenda Sanders September 23, 2014 Page 7 of S A description of the accounts and explanation of these terms can be reviewed on the unnumbered third page of the FY 2014-15 Budget Detail at: www.newportbeachca.gov/budget. Recommendation 4. Each city's budget should provide trend data on the accumulation/drawdown of reserves and provide details on the city's policy for the size of its reserves and on the intended uses of such reserves. In particular any discussion of reserves should address possible use of reserves to accelerate amortization of unfunded pension liabilities. (Finding 7) City Response: We agree that trend data on reserves, reserve policies, and a regular discussion of strategic uses of reserves deserves strong transparency. We question whether the entire recommendation is best suited for budget documents. Council Policy F-2, "Reserves" provides staff guidance concerning the size and intended purpose of reserves, directs staff to pay 100% of the Annual Required Contribution (ARC), and contemplates use of reserves when the funded status of the pension plans fall below acceptable actuarial standards (www.newportbeachca.gov/policies). The City provides detail regarding the size of reserves and projects its sources and intended uses for two fiscal years (please see pages 19-24 of the FY 2014-15 Budget Detail document at: www.newportbeachca.gov/budget). Historical trend data can be culled from Comprehensive Annual Financial Reports (CAFR) which are audited actual results and are readily available at: www.newportbeachca.gov/cafr. Use of reserves to amortize unfunded pension liabilities and other pension mitigation strategies are complex discussions involving consultation with our actuaries and careful financial analysis. We discuss the status of our pension plans, potential risks and opportunities with our Finance Committee in a public and noticed meeting on a regular basis. To us, the Committee and Council discussions, which have tended to occur at least annually and often more so, are ideal mechanisms for decision-making in the public eye. Recommendation 5. Each city using CalPERS for one or more of its pension plans should identify the names and dates of the CalPERS Annual Valuation Report(s) which call out Annual Required Contributions (ARCs) for these plans and should provide a separate expenditure line item for predicted city catch-up contributions for the city pension systems based on these ARCs. A discussion of the risks associated with these CaIPERS projections should also be provided by the city. (Finding 1) (Finding 2) (Finding 8) (Finding 9) City Response: This recommendation has been implemented. There is a direct correlation between the budgeted fiscal year and the pension contribution rates for any given fiscal year (The pension contribution rates determine the Annual Required Contribution). The City does provide a separate expenditure line for the "catch-up" portion of the ARC. This represents the amortization of the Unfunded Actuarial Liability (UAL). A description of the Newport Beach Civic Center + 100 Civic Center Drive • Post Office Box 1768 Newport Beach, California 92658-8915 9 tivww.newportbeachca,gov (949) 644-3000 Letter to the Honorable Glenda Sanders September 23, 2014 Page 8 of 8 accounts and explanation of these terms can be reviewed on the unnumbered third page of the FY 2014-15 Budget Detail at: www.newportbeachca.gov/budget. Narrative discussions of the "risks associated with CalPERS projections" can be found pages 148-150 of the FY 2014-15 Performance Plan at: www.newportbeachca.gov/budget. Recommendation 6. Each city which outsources fire or police services to OCFA and/or OCSD should require them to provide projections of future costs of service out at least five years into the future and require that these projected costs explicitly show the relationship of projected pension costs including amortization of unfunded liabilities. This level of pension cost information should be provided in budgeted expenditures for outsourced services. A discussion of the risks associated with these projections should also be provided by the agencies and incorporated in the city's budgets. (Finding 6) (Finding 12) City Response: Not applicable to our community. We do, however, appreciate the Grand Jury's recognition that there can be a less visible pension liability affecting communities that contract for public safety and other services. Including these liabilities in the broader discussion of city -by -city liabilities, while still inadequate for the reasons stated in our response to Finding 1, would at least start to tilt the "per capita" playing field a little closer to level. Recommendation 7. Each city that has CaIPERS as a provider for pensions should include a provision in their agreements with CaIPERS that CaIPERS will post their Annual Valuation Reports online. (Finding 11) City Response: This recommendation has been implemented. The City of Newport Beach's annual CalPERS Annual Valuation reports can be obtained directly from the CaIPERS website at: https://www.calpers.ca.gov/index.isp?bc=labout/forms-pubs/calpers-reports/actuarial- reports/browse-results.xml&strCatld=2&g=newport-beach-city. If you have any questions about the City's response to these findings and recommendations, please do not hesitate to ask us. Sincerely, 'b� a� Dave Kiff City Manager Newport Beach Civic Center • 100 Civic Center Drive • Post Office Box 1768 Newport Beach, California 92658-8915 • w-ww.newportbeachca.gov (949) 644-3000 P- CIVIC CENTF ° ) Office of the City Me s 100 Civic Center Di P.O. 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