Judge: Detroit can proceed with bankruptcy -> Pension cuts are on the table

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Nov 8, 2012
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You realize that Government employees are almost universally barred form participating in 401(k)s right? Yes how dare those employees not diversify into something that was not legally available to them! *outrage*

...

Says the person wanting to know why government employees don't participate in 401ks that they are barred from participating in.

...Where did I say government employees can participate in 401ks? Oh wait, I didn't - you quoted yourself apparently...
 

Exterous

Super Moderator
Jun 20, 2006
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I don't understand how this is possible.
First my fees on my 401k are 0.05%. Can a pension fund really beat that?

Your fees are unusual. And those are not as low as it can go. As an example of the power of state leveraging many have 457(b) plans that offer index funds with an expense ratio of 0.01% which is lower than any 401(k) offering you will find. Some Michigan employees are lucky enough to have such an offer form the State through IHG.

They weren't able to fund it because they were always running a deficit. If you have a 401k and the company can't fund it, you know that and can leave to find a company that can match.

Ah - no. The problem with Detroit's pension is, by far, the criminal management of the pension. Did underfunding play a part? Yes but the lions share is from criminal activity. There is a reason there are federal lawsuits against various fund managers, investing companies, and auditors where many have been found guilty. I don't have the time to recite all the issues of theft, bribery, schemes etc but guestimates give management around 70% of the blame not funding. Of the remaining 30% the funding levels decided by elected officials were often based on falsified actuarial reports of the pension. The pension reported a $644million shortfall vs the estimated $3.5 billion of actual shortfall. You are going to try and fund a $644mn shortfall differently than a $3.5 billion one

I'm guessing you meant 0.5%. The average total annual fees (investment, bookkeeping, etc) for a 401(k) plan averages about 0.78%.

He could very well be correct in his ER. There are a number of Spartain\Admiral\etc plans with ratios that low. Definitely not the norm but certainly plausible.
 

Exterous

Super Moderator
Jun 20, 2006
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...Where did I say government employees can participate in 401ks? Oh wait, I didn't - you quoted yourself apparently...

You said:
I don't know why people always cry about employers not offering pensions and instead moving to 401k's... It's called diversification, and it very well could just save your fuckin' ass some day.

You did not specifically include government employees however your general statement of 'employers' does include the government as Governments are employers. Government employees cannot have a 401k. They do not have access to the diversification you say could save their fuckin' ass some day.

Therefore your statement of 'employers' and 'diversification' relating to '401ks' is incorrect
 
Nov 8, 2012
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You said:


You did not specifically include government employees however your general statement of 'employers' does include the government as Governments are employers. Government employees cannot have a 401k. They do not have access to the diversification you say could save their fuckin' ass some day.

Therefore your statement of 'employers' and 'diversification' relating to '401ks' is incorrect

DING DING I never specified, hence quit singling it out as if I did. Holy shit for tossing words into my post. If we are going to toss words into posts, let me also state in my OP there are MANY ways to diversify other than a 401k :sneaky: Just consider that in my original post since you like playing games like that.

I'm one of few that have a hybrid that offers both a pension and 401k benefits.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
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The first thing they should do is eliminate whatever pensions or benefits elected officials have, then we'll talk about people who actually work for a living.
 

Exterous

Super Moderator
Jun 20, 2006
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DING DING I never specified, hence quit singling it out as if I did. Holy shit for tossing words into my post. If we are going to toss words into posts, let me also state in my OP there are MANY ways to diversify other than a 401k :sneaky: Just consider that in my original post since you like playing games like that.

While you didn't specify your example none the less included them making it factually incorrect and especially problematic in a threat specifically about government employees and their pensions. I tossed no words into your post I just pointed out the flaw in it. If you don't like people pointing those out perhaps you should consider the alternative of being accurate.
 

rudeguy

Lifer
Dec 27, 2001
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so if we are going to discuss this, lets discuss what is actual going to play out:

http://www.freep.com/article/20131203/NEWS01/312030159/Detroit-pensions-Judge-Rhodes-Kevyn-Orr

For months, attorneys representing Detroit’s 23,500 retirees have argued in court that a clause in Michigan’s constitution protecting pension benefits would insulate them from cuts.

But Rhodes said the Supremacy Clause of the U.S. Constitution trumps Michigan’s constitution in part because the state authorized Detroit’s bankruptcy.

The word “contract” Rhodes said, is important because federal bankruptcy code allows cities that are bankrupt to cancel contracts.


“I will continue to aggressively defend pensions ... as this case proceeds to the confirmation stage of the bankruptcy process, at which time we can thoroughly review any plans for potential legal action involving pensions,” Schuette said in a statement.
<~~Michigan's AG

So the nuts and bolts is they are going to debate the word "contract" more than Bill and Hillary debated the word "relations". But our AG is fully on board with honoring the pensions as are a lot of us citizens.

I have no doubt that in the end there may be a special public vote on the whole state paying those pensions. I personally think it would pass.
 

rcpratt

Lifer
Jul 2, 2009
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I have no doubt that in the end there may be a special public vote on the whole state paying those pensions. I personally think it would pass.
I have no doubt that will never happen, and even if it did, it would be voted down by a huge margin.

It sucks. But it's the only way to have a chance to dig out of this hole.
 

rudeguy

Lifer
Dec 27, 2001
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I have no doubt that will never happen, and even if it did, it would be voted down by a huge margin.

It sucks. But it's the only way to have a chance to dig out of this hole.

Detroit has to get out of the hole, yes.

The state can step in to help out the pensioners. You know just as well as I do that things like this can end up on the ballot. I can't speak for everyone in the state, but everyone I have talked to has been in favor of paying some extra tax to help them out.
 

rcpratt

Lifer
Jul 2, 2009
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Detroit has to get out of the hole, yes.

The state can step in to help out the pensioners. You know just as well as I do that things like this can end up on the ballot. I can't speak for everyone in the state, but everyone I have talked to has been in favor of paying some extra tax to help them out.
Shifting Detroit's problems to the state of Michigan, just because they have a bigger checkbook, seems like a pretty bad idea. The state itself is in a bad enough financial situation anyways.

Passing debt around is meaningless and will only serve to delay the issue and extend and deepen the recession.

I guess I just don't see a majority of the 10M Michigan citizens deciding that 21k Detroit retirees should be prioritized over themselves. Not even close.
 

rudeguy

Lifer
Dec 27, 2001
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Shifting Detroit's problems to the state of Michigan, just because they have a bigger checkbook, seems like a pretty bad idea. The state itself is in a bad enough financial situation anyways.

Passing debt around is meaningless and will only serve to delay the issue and extend and deepen the recession.

I guess I just don't see a majority of the 10M Michigan citizens deciding that 21k Detroit retirees should be prioritized over themselves. Not even close.

I'm just saying I would like a chance to vote on it.

The AG sounds like he isn't going to back down on this, so it should be interesting to see how it all pans out.


Merry Christmas!
 

rcpratt

Lifer
Jul 2, 2009
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I'm just saying I would like a chance to vote on it.

The AG sounds like he isn't going to back down on this, so it should be interesting to see how it all pans out.


Merry Christmas!
I don't have an issue with voting on it. I just don't think the result would be any different.

The AG certainly seems like he will take this as far as he can. We're a long way from done with this.

It sure seems like a tough argument, though:

More significant for the future of America's cities, Judge Rhodes also dismissed the union conceit that the language of Michigan's constitution protects public pensions as "contractual obligations" that cannot be "diminished or impaired." The express purpose of bankruptcy is to impair contracts, and Judge Rhodes emphasized that pension benefits are "not entitled to any heightened protection in bankruptcy."

If pension benefits are immune from bankruptcy, then unions would have even less incentive than they do now to consider the economic condition of a city when they press politicians for more benefits. They could drive cities toward bankruptcy knowing that bondholders would have to absorb nearly all the burden of restructuring. Cities would also have no recourse other than to raise taxes or cut more current services, neither of which helps urban renewal.
Pension = Contract. Bankruptcy's purpose = impair contracts. That is not logic that I'd want to be arguing.
 

shortylickens

No Lifer
Jul 15, 2003
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This is why a ponzi scheme dies. Once more people are taking than paying in, it all crumbles.

I guess our modern government is just a giant Ponzi scheme.
We got more and more people not working each generation. Old, young in poor health, young in good health but scamming the system, and promises to all of them for free cash left and right.
 
Apr 27, 2012
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The first thing they should do is eliminate whatever pensions or benefits elected officials have, then we'll talk about people who actually work for a living.

That would almost never happen though. They should go after these morons and their salaries/perks but they won't.
 

boomerang

Lifer
Jun 19, 2000
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I guess our modern government is just a giant Ponzi scheme.
We got more and more people not working each generation. Old, young in poor health, young in good health but scamming the system, and promises to all of them for free cash left and right.
If we can get enough people to come to grips with our situation, we could take some hard, painful steps that might bring us out on the other side in far better shape. But that doesn't fit the agenda. You can't get elected by telling the truth.
 

actuarial

Platinum Member
Jan 22, 2009
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Pension = Contract. Bankruptcy's purpose = impair contracts. That is not logic that I'd want to be arguing.

There have been arguments put forth in Canada that pensions are deferred compensation, and compensation owed often takes priority in bankruptcy proceedings.
 

rudeguy

Lifer
Dec 27, 2001
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If we can get enough people to come to grips with our situation, we could take some hard, painful steps that might bring us out on the other side in far better shape. But that doesn't fit the agenda. You can't get elected by telling the truth.

Justin Amash is proof of that.
 

rudeguy

Lifer
Dec 27, 2001
47,371
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There have been arguments put forth in Canada that pensions are deferred compensation, and compensation owed often takes priority in bankruptcy proceedings.

Thats where this is headed and I see it taking quite the court battle to figure out.

Unless the state steps in. I really want this to end in a state vs federal government court battle. Maybe then the states can get some power back.
 

JEDI

Lifer
Sep 25, 2001
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Detroit bankruptcy plan proposes slashing pension benefits up to 34%
http://money.cnn.com/2014/02/21/news/economy/detroit-bankruptcy-pension-cuts/index.html



wow.. didn't think it would be this deep. 1/3?!
plus deep cuts in the health care coverage for retirees.
bondholders get 20% of what they are owed.

surprised bondholders get 20%.
why not 0% and use the $ to lessen the pension cuts?


edit:
Police and fire fighters have a separate pension fund whose financial condition is not as bad, facing 10% cuts in their benefits.
 
Last edited:

Fern

Elite Member
Sep 30, 2003
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So pensions are cut by 34% but bondholders etc are cut by 80% and people are complaining about the pensions?

And there could be even deeper cuts in what the city is offering to pay banks and other investors holding the city's debt. A summary of the plan on the city's Web site said bondholders would get new securities worth 20% of amount they are still owed.

I wonder what affect the bond cuts will have on the city's future ability to float new bonds.

Fern
 

JEDI

Lifer
Sep 25, 2001
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So pensions are cut by 34% but bondholders etc are cut by 80% and people are complaining about the pensions?

I wonder what affect the bond cuts will have on the city's future ability to float new bonds.

Fern

huh?
like stocks, there are risk to buying bonds.

no one should be shedding a tear for people investing in Detroit bonds. they knew how shaky detroits credit rating was for years b4 the bankruptcy.

for future bond sales, look at past cities that filed for bankruptcy.
 

1prophet

Diamond Member
Aug 17, 2005
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The federal government should bail them out along with any other municipality in similar circumstances since according to some the us government can't go bankrupt and debt doesn't matter.:whiste:


I wonder what affect the bond cuts will have on the city's future ability to float new bonds.

Fern
It's called C.O.D. or prepay.
 

KB

Diamond Member
Nov 8, 1999
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34 % is a lot but the pensions are underfunded by nearly 40 - 50% so they will have to do it gain one day. Interesting that police and firemen were in a different pension plan and will only get 10% cuts. I wonder if the police union was smart and knew how poor the other pension was run.
 
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