Kentucky Education Groups Offer Alternative Pension Reform Plan

Coalition calls for less generous plans, but nixes switch to DC.

An alliance of Kentucky education groups has come up with an alternative pension reform plan to the one recently offered by Gov. Matt Bevin, which involves moving participants to a defined contribution plan.

“The governor’s plan does many things that, by our estimation, will destroy public service as we know it,” said Stephanie Winkler, president of the Kentucky Education Association, at a news conference. “Most of all, the switch from a dependable, reliable pension to an unreliable and very expensive defined-contribution plan.”

The groups, which represent teachers, superintendents, and school boards, have recommended a less generous defined benefits pension for employees hired at school districts after July 1, 2018, according to the Lexington Herald-Leader. The new tier of teachers and employees would have to work longer, and they would not be allowed to enhance their pension benefits through unused sick leave.

Under the groups’ plan, future teachers would contribute 10% of their pay, with a 6% match by the state government. Retirement eligibility would be based on the so-called “rule of 85,” which means the teacher’s age plus their years of service would have to equal 85. For example, a 60-year-old teacher with 25 years in the classroom could retire on a full pension.  

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Additionally, any unfunded liabilities created by new workers would be the responsibility of them and their school district, not the state government’s responsibility. If the pension funding level for the new workers falls below 95% in the future, cost-of-living adjustments for retirees could be reduced or suspended, employees and school districts could be required to increase their contributions, and retirement eligibility rules could be made stricter.

The groups are also calling for the County Employees Retirement System to be removed from the rest of Kentucky Retirement System, and run separately with its own elected representatives.

Tom Shelton, the Kentucky Association of School Superintendents’ executive director, told the Herald-Leader that the groups tried to show their plan to Bevin’s office, but that his office refused to consider any suggestions that did not involve switching to defined contribution accounts.

However, Bevin spokeswoman Amanda Stamper said the groups never offered the governor their pension reform plan.

“The Bevin Administration met with Tom Shelton several times over the last two months,” Stamper said in a statement. “Even though they had several opportunities, neither ever presented an alternate plan.”

According to a new analysis by Cavanaugh Macdonald Consulting, the governor’s pension reform plan would cost taxpayers an extra $4.4 billion over the next 20 years, reports the Associated Press.

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Florida’s State Pension Votes to Sue Valeant over Losses

State board of administration alleges it lost $62 million due to fraud.

The $159 billion Florida Retirement System’s board of administration has voted to sue pharmaceutical company Valeant over $62 million in losses that it alleges was due to company fraud.

As a result of the vote, the state board of administration (SBA) will opt-out of a class-action case against Valeant, and file a direct action against the company in US District Court in New Jersey. The SBA said it was hit by losses of $62 million on shares of Valeant that were purchased between 2013 and 2016, and alleges that the losses are legally recoverable damages.

“In my view, this is a highly meritorious case and the SBA will significantly and substantially enhance its recovery by opting out of the class case and pursuing a direct action,” wrote Maureen Hazen, Florida SBA’s general counsel in a letter to CIO Ashbel Williams. “If the SBA files a direct action, the SBA may be able to enhance its recovery above the class action recovery by double-digit millions of dollars.”

In an analysis of the SBA’s individual claims for recovery of damages from Valeant, law firm Bernstein Litowitz, Berger and Grossman (BLBG) determined that the SBA “incurred significant damages as a result of the fraudulent misrepresentations at Valeant.” The firm also said that SEC documents indicate that the SBA’s losses are among the largest of any public fund investor.

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BLBG said the litigation strategy will not only allow the SBA to hold Valeant and its senior executives accountable for the losses they caused, but should lead to meaningful corporate governance reforms.

“Valeant’s repeated promises to improve transparency were empty, and it has yet to take any meaningful responsibility for its deception,” said BLBG. “Given Valeant’s prominence in the pharmaceutical industry and the impact its practices have had on a strained American healthcare system, any corporate reforms achieved through this matter should have a lasting and meaningful impact.”  

The law firm cited a recent analysis on securities class action settlements by NERA Economic Consulting that showed a median settlement of just 0.6% of estimated losses for securities fraud class action lawsuits involving market capitalization losses over $10 billion. Based on this data, BLBG estimated the SBA would only likely recover approximately $390,500 if it remained part of the class action.

The SBA contends fraud was perpetrated by Valeant and its top executives by using a secret network of “captive pharmacies” to shield the company’s drugs from competition, fraudulently inflate the prices of its products, and artificially boost sales. The firm alleges Valeant and its “secret pharmacy network” provided a platform through which the pharmaceutical firm implemented a host of fraudulent practices to improperly inflate the reimbursements for Valeant drugs paid for by Medicare and Medicaid, private health insurers, and pension healthcare funds.

 

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