The Corporate Mugging of Public Retirees

P1010121Photo by Howie Lisnoff… The other side of Rhode Island: Dunes and snow fences at Roger Wheeler/Sand Hill Cove state beach.

Published at CounterPunch on May 29, 2015.

Rewarding the Few and the Wealthy

The Corporate Mugging of Public Retirees

by Howard Lisnoff

The highway to Rhode Island was fairly quiet in the early morning hours before the traffic rush. I was completing the second of two commutes to give testimony in Superior Court in Providence in the so-called “Fairness Hearing” related to the pension legislation of 2011 that would turn my pension into a shadow of what had been promised by contract to me by the state when I retired. The court was peopled by somewhere between 50 to 75 retired teachers, state workers, police, and firefighters.

The Rhode Island Retirement Security Act of 2011, is a bald-faced attempt to take money from the pockets of retired public workers and enrich Wall Street interests with that money. Specifically, it would enrich hedge funds, private equity investments, and real estate enterprises and their managers. It is the latest move on the part of corporate America to enforce both a predatory and far right-wing type of capitalism. The former Wall Street investor and now governor of Rhode Island, Gina Raimondo, led this corporate charge beginning when she was general treasurer of RI. She was aided and abetted by the RI General Assembly, former governor Lincoln Chafee, and now almost certainly the Superior Court. The former Enron executive and billionaire, John Arnold, formed a political action group, Engage RI, to assist in molding public opinion for this corporate raid on public retirement money. A state once known for its strong union movement, RI now suffers from economic stagnation.

My presentation before the court was about the corporate takeover of pension funds across the nation and in RI in particular. I cited articles from Rolling Stone by Matt Taibbi (“Looting the Pension Funds”), in The Intercept by Murtaza Hussain (“Wall Street Is Taking Over America’s Pension Plans”), and from In These Times by David Sirota (“Wall Street to Workers: Give Us Your Retirement Savings and Stop Asking Questions”). I talked about the 30 years I had spent working in the schools of RI and the 28 years my wife had worked there.

The judge let me go over the five-minute limit set for protesters to the pension law. Others speaking before and following my talk told of the injuries they had sustained, both on and off the job, but one retired teacher in particular caught my attention. She recounted how she had looked forward to a long life after serving children in the classroom for decades. She now did not know if that long life she had once hoped for would be such a good thing after all. I thought that the powerful and the few were mocking this woman’s long life of dedication to the kids she served. I wondered if a loud laugh went up in the boardrooms of the elite for her heartfelt description of a life of sacrifice now going unrewarded. The almost total cut of her cost of living adjustment or COLA (frozen since 2011) that had been pegged at an annual rate of 3 percent, would now be cut to a maximum of a few hundred dollars a year instead of the contractually agreed upon amount of money over the course of an expected lifespan.

Unions in RI have been left in a precarious position since the pension “reform” law was passed in 2011. Unions no longer receive dues from retired workers. The national unions have contributed money to the cause of defeating this law, but they do not have the luxury of millions of dollars at their disposal to fight these battles taking place all across the US. Conversely, the state and corporate interests have billions of dollars at their disposal.

I left the courthouse at lunchtime to head down to the seashore and ride my bike along a beautiful bike path that leads from the Amtrak station in Kingston, RI, down to the open ocean in Narragansett. While I would have liked to have made a stronger statement against the injustice of what was happening to public employees in RI, sometimes seeking refuge against the juggernaut of greed and meanness is perhaps a needed and temporary sanctuary.

There is no doubt in my mind that the judge will support the state’s denial of the majority of the cost of living adjustment “guarantee” within a few days. The judge will most likely reward the few and the wealthy over those who committed their lives to helping others.

Howard Lisnoff is a freelance writer. He can be reached at howielisnoff.wordpress.com.

The Rhode Island Raid on Pensions… Will It Continue?

Will the raid of retired teachers, state, and municipal workers’ pensions continue in Rhode Island?

Like lightning strikes, robberies usually don’t happen twice in the same spot and to the same people. But Rhode Island is different in respect to robbery. In the Fall 2013 issue ofCompass, the newsletter of the Employees’ Retirement System of Rhode Island, the general treasurer of Rhode Island, Wall Street-friendly Gina Raimondo, recounts the action she, the governor of Rhode Island, and its General Assembly took to stop the payment of the cost of living adjustment  (C.O.L.A.) to thousands of retired Rhode Island teachers and state workers in 2011. She makes a point in the newsletter of emphasizing that the pension system in R.I. still pays out more than it receives in revenues each year. Later in the newsletter, she states that “In order to have the money needed to pay pensions the system needs to earn an investment rate of 7.5 percent after all fees are paid. By fees, I understand her writing to mean costs associated with the pension fund such as payments to investment advisors, etc. Also noted in the newsletter is the last fiscal year’s rate of return of 11.1 percent on the fund’s investments, and a 10.43 percent return on investments over the past three years after fees were paid. The message to pensioners here is clear and echoes in George Harrison’sTaxman: “Be thankful I don’t take it all.” In other words, pensioners just might be “hit” with another reduction in pension payments if investments don’t work out as planned.

What’s not stated in the newsletter is that Raimondo has orchestrated the transfer of frozen pension fund C.O.L.A.s. payments to the fees charged by hedge funds in which the state is investing pension money. In other words, state officials in R.I. are taking roughly what they have “saved” by looting the pension funds of teachers and state workers and sending them to what Matt Taibbi of Rolling Stone identifies as “billionaire hedge funders” (Democracy Now, “Matt Taibbi on How Wall Street Hedge Funds Are Looting the Pension Funds of Public Workers,” September 26, 2013).

In the same Democracy Now report, Matt Taibbi identifies a former Enron commodity trader, John Arnold, who under the guise of pension reform, donated lots of money to an organization called Engage Rhode Island, to help promote “pension reform policies… in that state.” And what happened to the money “saved” by the pillage of C.O.L.A. funds in R.I.? Well, some of those funds went directly to “Wall Street-managed funds.”

Readers do not need Ph.D.s in economics or an M.B.A. from Harvard to figure out what’s going on here. And since my wife and I have teacher pensions from R.I., we know all too well how this Robin Hood system in reverse is affecting the way we live and the way we plan to live in the future!

And of course we are not alone, as pensions from Central Falls, R.I. were slashed for city workers a few years ago. And, the case of Detroit pension cuts were a low-water mark of the pension slash and burn tactics going on all across the U.S. as the effects of the Great Recession hit towns, cities, and states all across this nation! These hits were placed squarely on the shoulders of those who could least afford them, the retirees!

The remarkable part of all of this is that average folks are literally being made to pay for the poor investment decisions of government officials and financial markets of the past, an economic system nearly devoid of regulatory mechanisms at all levels, and the red ink these policies create that are almost immediately foisted on the backs of working people. And these slash and burn pension policies seem to hit a chord with many throughout the country as people reel from the effects of flat wages, a poor job market, monumental personal debt, and the loss of trillions of dollars in housing values because of the decisions of the wolves who now are taking pension fund money, all the while licking their lips and whispering “trust” us, we know what’s best!

I interviewed Michael Downey, President of Rhode Island Council 94-American Federation of State County and Municipal Employees, for this article. He discussed the Compassnewsletter article I cite above and stated that he believed its contents constituted a “political” point of view as opposed to providing information on Rhode Island pensions to Compass’ readers.  He noted that the point of view of the state treasurer, when political, ought not be funded by taxpayer money in this publication.

Speaking about the transfer of funds from the C.O.L.A. to Wall Street hedge fund managers, Downey remarked that he believed it was a “license to steal.” He elaborated that while the state brags that over $200 million have been saved by the pension overhaul, between $70 million and $100 million have gone to Wall Street. The A.F.S.C.M.E. hired a financial analyst to parse what has happened since the pension overhaul, and the results of that analysis determined that the payout to Wall Street was close to the amount cited above, or in other words equal to the money that has been taken away from those promised that money when they retired. Downey believes that the general treasurer “brags about how much money she saved cities and towns,” through pension “reform,” but much of that money has gone to the hedge fund managers. He imagines that a stereotypical Wall Street tycoon is now able to buy a new jet from the fees that have been paid from the end of the cost of living adjustment of Rhode Island pensions.

Downey feels that the state has harmed thousands of pensioners who not only contributed to their pensions, but were also taxpayers during their entire working lives and beyond. He views the pension system in Rhode Island as having always been run by politicians and the victim of political winds and ineptitude since its inception. He sees this latest attack against pensions in Rhode Island as being a completely opaque process when the scrutiny of pension investments needs to be both transparent and public.

Downey briefly addressed the issue of the pension fund crisis in Central Falls, Rhode Island. In that city, firefighters, police, and other municipal workers suffered a 25 percent across the board reduction in pension benefits when their private pension plan could not maintain its promised pension payments to retirees.

Downey noted that the issue of the C.O.L.A. in Rhode Island’s Employees’ Retirement System is an ongoing case in the court system of Rhode Island. Another source in Rhode Island, who requested to remain anonymous, said that a settlement on the dispute over the C.O.L.A. between the state and retirees is near.

However that case is resolved, the fact remains that retirees in Rhode Island have had their promised pensions partly looted by the same forces that caused the Great Recession, foisted trillions of dollars of lost value on the backs of U.S. homeowners, and continue to resist regulatory oversight of their actions. It is an example of how those who are least able to fight back and resist cuts to their income are drawn into the race to the economic bottom and made to pay for the increasing wealth disparity in the U.S. today!

Raimondo’s raid on pensions can be seen as part of the larger attack against unions, teachers, and workers’ rights in general. These attacks reflect the political meanness afoot in this nation today. Meanwhile, the general treasurer of Rhode Island is running for governor of that state as a progressive.

The author Lillian Hellman wrote of the meanness of the far right during the McCarthy era in her memoir Scoundrel Time, which recounts the anti-Communist witch hunts of the 1940s and 1950s. Today the scoundrels wear business apparel, hold high political office, and have close ties to Wall Street!

Robbed in “Little Rhody,”* or the Wrath of the Neoliberals

Robbed in “Little Rhody,”* or the Wrath of the Neoliberals

Published in CounterPunch January 6-8, 2012

This past fall, both my wife and I were beaten up in Rhode Island! We weren’t physically harmed, but part of the pensions we had worked a combined 58 years for were stolen from us by a law passed by the General Assembly. The law had been championed and  proposed by the general treasurer of the state and signed into law by the governor.

Since we no longer live in Rhode Island, and I seldom follow news there, I learned of the proposed pension cuts while parking my car at the community college where I teach in upstate New York. A security guard whom I greeted every morning in the garage communicated the news to me, having heard a report in the national media on the pension system in Rhode Island.

I knew that the labor movement had been active in places like Wisconsin and Ohio over the past several months trying to stem the tide of attacks against collective bargaining rights and the pensions of current and former workers in those states. The anti-union and anti-worker movement is not new, with so-called right-to-work laws having been passed in states across the US with the intention of limiting the rights of workers won during and since Roosevelt’s New Deal.

Rhode Island is a strange place politically. Nepotism is an accepted way of doing business in the state and the political environment reflects that reality. Contrasted against the stilted political apparatus is the state’s stunning natural beauty at its seashore and the significance of the state’s colonial history.

Both the state’s general treasurer, Gina Raimondo, and its governor, Lincoln Chafee, represent the 1 percent in America. Raimondo representing high finance (by way of past employment before becoming general treasurer), while the governor represents “old” Rhode Island money and a storied political family. The cry of possible state bankruptcy would become the hallmark of the battle to strip pension benefits from those least able to defend themselves against the power of the state and often living hundreds or thousands of miles away. The whole episode would play out as a shoddy experiment in social Darwinism!

As the fall of 2011 matured, I received mailings from the Employee’s Retirement System of Rhode Island, of which Raimondo, as the state’s general treasurer, is also chairperson. Even with the seriousness of what was at stake in terms of pensions for about 66,000 current and retired state and municipal workers in the state, I had to laugh out loud when the communications from the state began with congenial greetings. Raimondo had successfully campaigned on the platform of pension “reform,” and she was about to deliver on that promise.

I began writing furiously and often in opposition to proposed pension cuts in the bill before the General Assembly and voiced my opposition to the bill on the website that the University of Rhode Island’s School of Business had created to deal with comments on the bill. Not a single letter I wrote was published in the Providence Journal and I was never contacted about my critical comments about the bill on the university’s website.

More and more upset, I contacted the presidents of the American Federation of Teachers, the National Education Association, and the American Federation of State, County and Municipal Employees in Rhode Island. Each president of his respective organization was supportive and already had spent years dealing with pension issues in the state. A previous pension law had taken away pension benefits to current workers in the state by increasing worker contributions to the pension system and increasing the number of years a worker would have to labor for a pension. After the current pension bill was passed in Rhode Island, these organizations could not represent retired workers in any legal battle to win back their lost pension funds. In Rhode Island, the bill eliminated (to take effect in 14 months) what’s known alternatively as the cost-of-living allowance or the cost-of-living adjustment (COLA). The latter amounted to an annual 3 percent adjustment to my pension to help meet inflationary pressures in the economy. It was now gone with a simple signature. The state, under the new pension law, has the option of paying out a COLA in several years if the state’s investment portfolio performs well.

As the fall wore on, I was forced to miss (because of the demands of my teaching schedule) a demonstration at the Rhode Island State House attended by thousands of those protesting the proposed pension bill. Local protestors associated with the Occupy Wall Street movement attended the protest as well.

How much of a mess the retirement fund in Rhode Island was in prior to the current pension law’s passage is debatable. At the end of the decade of the 1980s, an early retirement incentive was passed that allowed workers within the pension system to use all sorts of questionable past employment experiences to qualify for pension credit. A summer of work as a lifeguard could be applied to the system for early retirement. Debacles like the latter, coupled with Rhode Island’s penchant for nepotism in official matters, lent itself to the slow deterioration of the system. The Great Recession of 2007-to the present may have done the rest. An acquaintance calls the pension system there a giant Ponzi scheme. General Treasurer Gina Raimondo claims that the state will save $3 billion because of  the pension law. I know I will receive a smaller retirement benefit, as will many retired workers across the nation as their pension funds crack and crumble under the strain of The Great Recession and unbridled greed of the wealthy.

Nationally, the Social Security Administration published the study in 2009 “The Disappearing Defined Benefit Pension and Its Potential Impact on the Retirement Incomes of Baby Boomers.” The study compared traditional defined benefit (DB) plans with defined contribution (DC) plans from 1980 through 2008. DB plans pay a lifetime annuity, while DC plans establish an investment account owned and controlled by employees (often with employer contributions). DC plans are generally more risky than DB plans, but the recession and attacks against workers may change the nature of that debate. The study combined an analysis of both public and private pension plans in both categories of pensions. The study found that through the years of the study DB plans fell from 38 percent to 20 percent, while DC plans rose from 8 percent to 31 percent among private pension holders. The study concluded that pension changes by employers would create losers among  baby boomers born from 1961 to 1965 (“last-wave” boomers) and hurt “first-wave” boomers (those born between 1946 to 1950) generally less. The study also found that “last-wave” boomers would lose more in retirement income than “first-wave” boomers, much of the loss accelerated by membership in demographic groups whose lifetime earnings are generally less than “first-wave” boomers. Those groups that would be hurt most would be high school dropouts, minority groups, and those who are unmarried. The most startling conclusion of the research states: “Finally, as policymakers consider proposals to improve the solvency of the Social Security System, they must recognize that the shift from DB to DC pensions means that Social Security will increasingly become the only source of guaranteed lifetime benefits of which most retirees can rely.” Indeed, with the drop in once guaranteed benefits from Rhode Island’s pension system, I will need to tap into those potentially threatened Social Security funds!

The Social Security Administration’s study does not consider, however, the collapse of pension funds due to businesses’ wrongdoing or the effects of The Great Recession on retirees.

Nationally, as The Great Recession continues for millions of people, the federal Pension Benefit Guaranty Corporation (PBGC) paid out $5.6 billion to stakeholders because of 147 failed pension plans across the nation during fiscal year 2010. PBGC’s deficit rose by 45 percent during that period to $23 billion. Astonishingly, PBGC has $102.5 in obligations with only $79.5 in assets. If the track record of The Great Recession on Wall Street is an indicator, that deficit will be foisted on the heads of the working class and middle class!

When I think of my years of teaching service in Rhode Island, I recall the innumerable students I helped while serving in several capacities within the educational system. I remember winter mornings driving with white knuckles resulting from my grip on a car’s steering wheel while attempting to negotiate ice and snow-laden roads. When I retired, I signed an agreement that I thought was a legal document that guaranteed benefits for the years I had worked, but law, as it turns out, is politics by just another name.

I also remember my years as a political activist, years that gave an entirely different flavor to the decades that I lived in the state. There were years protesting against wars and injustice. There were winter days standing with others out in front of the federal building in Providence and marches through the streets of that city that dated back to the antiwar movement during the Vietnam War. There was the chilling hate-filled remark of a neighbor commenting on my attendance at, and writing about, the latter: “Hitler should have killed all of the Jews!” But in spite of all of this, somehow I thought that all of this counted for something. That, however, would not be the case. The US has long been the world’s only superpower and the engine of the economic system of globalization. Rhode Island is but one small cog in that system, but it’s where many changes took place in my life. And it’s where I wrongly thought equity and economic justice might prevail in some small way!

*Little Rhody is the nickname for Rhode Island.

Howard Lisnoff is a freelance writer.

Will the Providence Journal Publish This Letter?

November 23, 2011

Dear Editor:
Sixty-six thousand current and former Rhode Island state and municipal employees and retirees will have $3 billion taken away from them as a result of the pension “reform” law just passed by the RI General Assembly. The latter will be the biggest case of theft in the history of the state. It was achieved by way of a collusion between the general treasurer, governor, and General Assembly. In the case of both the governor and general treasurer, the clear advocacy of the 1 percent against the 99 percent is blatantly obvious.

The US remains the wealthiest nation in the world, yet like Rhode Island the question is in whose pockets that money can be found.
I spent 30 years teaching the children of Rhode Island. For my efforts, and through my contributions to the retirement fund, I was promised retirement benefits in writing. Of course, the lawsuits will follow, but law is politics by another name and financial lawlessness seems to be in the air in RI.

I suggest, in the meantime, that the state substitute the motto “Hopeless” where the word “Hope” is emblazoned on the state flag.
Sincerely,
Howard Lisnoff

An Update on the Rhode Island Pension Debacle

An Update on the Rhode Island Pension Debacle

I learned about the pension debacle in Rhode Island from a security guard in a parking garage in upstate New York. We were chatting about retirement when he asked where I originally came from. His next statement caught me off guard as he related the news about attacks on teachers’ pensions in Rhode Island.
It took a few days to have the news confirmed by reading an article on possible pension cuts in The Journal (“Unions gain ground in pension reform war after judge’s ruling,” September 14, 2011). That Rhode Island was planning to renege on legal promises made to its retirees made sense in the context of an article I had previously read in The New York Times that noted Central Falls was planning to drastically reduce the pensions of retired police officers, firefighters, and other workers in that city (“Faltering Rhode Island City Tests Vows to Pensioners,” August 13, 2011). The juggernaut to strip pensions benefits from retired teachers, retired state workers, and city and town retirees in Rhode Island was on!
Meanwhile, in the Employees’ Retirement System of Rhode Island’s Compass newsletter (Summer 2011), State Treasurer Gina M. Raimondo writes that “It is in no one’s best interest to delay fixing the problem (referring to the $7 billion shortfall for “already accrued benefits”). Of course, this so-called “fixing” refers to the attempted theft of benefits already promised to retirees.
After 30 years working as a teacher in Rhode Island, I hardly think that I, and thousands like me, should be penalized by bad investment decisions of The Employees’ Retirement System of Rhode Island, decades of poor judgment concerning pension benefits, the notoriously dysfunctional state government, and the disastrous lack of economic planning. Also, retired state workers and retired teachers and future retirees ought not to have to pay the price for the ill-advised early retirement disaster of the late 1980s in Rhode Island that caused serious problems in funding future retirement payouts, a situation now worsened by the “Great” Recession.
Times have never been better for wealthy Rhode Islanders and big Rhode Island corporations. The same is true throughout the rest of the nation. But of course, there is no state and national will to tax those at the top of their game, so those in the middle class and working class are being made scapegoats for the national (and state) tax parties that have been going on since the Reagan administration.
Rhode Island officials, bent on attacking retired state workers’ and teachers’ benefits, have focused on the 3 percent yearly Cost-of-Living Adjustment (C.O.L.A.). Those officials ought to try to survive in the current economy with the astronomical prices of basic consumer items. Some of these same officials need to try looking for work after retirement, as the economy has cast off millions of older workers, treating them as disposable.
On October 23, 2011, Rhode Island’s general treasurer, Gina Raimondo, was back in the news (“The Little State With a Big Mess,” The New York Times). Ms. Raimondo campaigned and won election on an anti-pension platform. Bond holders would be protected, but those unlucky enough to have given their entire working lives in service to the people of the state would be disposable. The latter is no surprise from an elected official with an Ivy League pedigree, a member of the same elite crew based on Wall Street that has visited havoc across the nation’s entire economy. Near the end of The Times article, Ms. Raimondo states that “I feel your anger,” speaking to retired Rhode Islanders at one of the recent forums on the pension debacle. Ms. Raimondo, you have no idea!
Any average retired worker coming into Rhode Island with the intent to steal the same amount as is being planned by the state government would be tossed into prison and the key would be thrown away!
Nationally, there’s lots of energy being poured into the anti-union movement and the anti-teacher movement. Threats to in-service and retired teachers’ future and present retirement benefits are but one facet of this anti-union and anti-teacher movement that seeks to portray everything public as evil and everything private as good. Teachers across the nation take hits because they are the most visible segment of public sector unions. While the economic race to the bottom proceeds in Rhode Island and in the rest of the nation, state government seeks to hoist its dysfunction onto the backs of those who labored for decades with the promise of pensions and some measure of dignity.