Transcript
A (0:10)
David Schleicher, welcome to Statecraft.
B (0:12)
Thanks so much for having me.
A (0:14)
I want to talk to you today about pensions, about federal bailouts of states, and I want to give you some context here. I think most listeners to this podcast, I think, are Gen X or younger. I think we've got some boomer listeners, God bless them, God bless you guys, and some Gen Xers. But I think, oh, I'm so the.
B (0:34)
Boomer is far away.
A (0:36)
Not you, not you. To be clear to the boomer listeners, I've got no generational warfare in my heart. Just descriptively, I think most listeners are younger than 40 for this podcast and most listeners are not in jobs that have pensions. I would hazard a guess. We don't have, like, an outsized number of firefighters and police officers and school teachers and civil servants. I guess we do have an outsized number of civil servants who listen to this podcast, but still certainly not a majority. So most of the people listening to this podcast, most weeks have zero personal experience dealing with pensions, rarely think about them, and they don't expect to. This is just my mental model of you, the listener. So I'm going to ask you, David, to really help us, people like me, more or less understand what's going on with state and local pensions and, frankly, why we should care. So let me start there. Like, why does it matter to somebody who's not a future pensioner how states and local governments run their pension systems?
B (1:38)
It's a form of government spending on labor, and therefore, to the extent that they spend a lot on it, they're not spending money on other things. And then further, to the extent that their pension systems are indebted, I'll get into what that means. That means that you're paying for services you received in the past. When we say a pension system is indebted, what it means is that people who paid for teachers in 1970 didn't save the money or pay them enough at the time, and that today we're paying not only for our school system today, but for our older school system. That means that we can invest less in today's school system because we still have to pay off the money we effectively borrowed when we employed people in the 70s and didn't save for their pensions. And so the question is just, it has an effect on budgets and it limits what jurisdictions can otherwise buy.
A (2:24)
Sure.
B (2:25)
So let me explain what a pension is. Right? So maybe that's the first place to start and a little bit of the history of state and local pensions. So a pension is just a form of deferred compensation. That is to say, when you work for the government or, or work for any employer, they can pay you your salary and then they can pay you something for retirement. And people who are used to a 401k or 401k match understand that they put some of their money in the company, might match your 401 and help you with retirement. Well, seeing local pensions are traditionally not contribution, but defined benefit. And that is to say that if you work for a certain amount of time, you get some kind of annuity that begins when you retire. And so you get a certain amount of money every year when you retire. And the idea is that either the employer or the employer and the employee, depending on the system, will save money while you work, and then they'll invest it and do some stuff with it, and then they'll have enough money when you retire to pay for this annuity every year for your retirement, to make something a defined benefit pension. Governments have always offered some kind of dependence. There are civil war pensions, there are all sorts of pensions. But the modern system of state and local pensions really takes off in the 1950s and 60s through the 70s. And a couple of things happen to make it different and notable. The first one is you see the rise of public employee unions who are asking for pensions, and that is a demand they make in negotiations. And so you start seeing bigger pensions offered. Second thing you see is a legal change. And so prior to this period, different by state, pensions were called in the law a mere gratuity the government offered them, but then could just not pay them if they wanted to. It was just. It was not a requirement to pay. And then states, through either constitutional amendments or through judicial decisions, gave pensions the status of either contract or property, but mostly contract. And what this meant was that they couldn't not pay them, that they had the same legal status as debt, and they were in fact protected by the state constitutions and the federal Constitution's contract clause. So they were not merely a choice to pay pensions, but. But it was a legal requirement going forward. And some states went further than this and adopted something called the California rule. The California rule says that not only is the part of pension you've already earned guaranteed by law, but any potential future earnings you have under your current pension policy are also guaranteed by law and can't be changed unless there's an offsetting benefit. So in a California rural state, which includes, unsurprisingly California, but also New York and Illinois and a bunch of other states, if you start Working as a teacher at, you know, age 24, your pension policy can't be changed until your retirement unless it's made better or there's some offsetting benefit. And what this meant was the combination of these two things meant that in effect, if you do not save money when someone's working, you've incurred debt. That to say that you have a legal requirement to pay in the future, but you didn't save the money in advance, and so you have some obligation to be turned. Just like borrowing. But the big difference in it and traditional borrowing is that normally when government, just like a person, borrows money, they're borrowing money to get an asset. You borrow money to buy a house. Well, governments usually borrow money to build a bridge or to whatever, something. And traditional debt is limited by debt limits. So state constitutions all have in them, they work slightly differently, but have limits or rules governing when debt is issued. Many people have voted in a debt election where they say there's a bond on the ballot, do we want to borrow $10 million to build a swimming pool or something like that? Pension debt, that is, say, if workers worked and you didn't save the money for the retirement, that you are legally required to pay for them isn't covered by these debt limits. And so one thing that happens for some jurisdictions, not all jurisdictions, but some jurisdictions is that it is a particularly attractive place to hide deficits. If you can't balance your budget this year, and you're legally required to balance your budget and you have legal requirements on debt, but you can't do it or don't want to do it, underfunding your pension system in one way or another is a way to bury your fiscal imbalances by borrowing effectively but not borrowing that is limited or regulated through debt limits.
