Legislative Report 4/5/2021 - The Intractable Problem of Underfunded Pensions

 

The announcement in January by State Treasurer Beth Pearce that the state pension funds for teachers and state employees were grossly underfunded and that action had to be taken to make the plans sustainable alarmed all Vermonters, but most especially teachers and state employees who are counting on those funds for their retirement. Her recommendations for plan changes included painful changes to pension benefits, including increasing the retirement age, increasing employee contributions, and lowering the payouts. Teachers and state employees reacted immediately to protect the benefits they had earned by contacting legislators to plead their case. This issue quickly became the dominant topic rivaling and intertwining with the budget in legislative deliberations. As such, it touches all Vermonters and deserves a closer look at the facts and figures.

In the 1990s the legislature cut back on the appropriations to the pension funds under the assumption that investment returns would continue to exceed the actuarial predictions. Over the years this contributed to about a third of the current $3 billion unfunded liability in the pension funds for teachers and state employees. Other contributing factors include an aging workforce with the number of active teachers/employees roughly equal to the number of retirees, increased longevity of retirees, and the consistently low returns on investment experienced since the “great recession” of 2009. The revised actuarial estimate this year added another $600 million to the pension system’s unfunded liabilities in this year alone.

The legislature does not manage the pensions or dictate the investment strategy, but we are taking the lead to bring stakeholders to the table to come up with a solution. Vermonters need the unions representing employees, the Governor, and the Treasurer to come to the table as well. Between 2016 and 2020 the annual contributions from the taxpayer-supported state General Fund to the pension funds increased from $184M to $303M while the teacher/employee contributions increased from $59M to $76M. The House Government Operations Committee has been considering not only the recommendations of the Treasurer but also alternative approaches to save the defined benefit model.

The legislature has already stepped up with a significant increase in funding for pensions this year. The FY22 budget that was recently passed by the House contains an appropriation of over $300 million for the pension funds. This represents an increase of roughly $100 million over the actuarial required contribution last year. While federal American Rescue Plan Act (ARPA) stimulus funds cannot be used or applied to the pension system directly, they can be used to free up General Fund dollars to make a significant pension investment. Another $150 million in general fund dollars have been set aside for this purpose, for a total FY22 contribution approaching half a billion dollars.

Late last week Speaker Jill Krowinski announced that the House Government Operations Committee would push forward with much-needed pension governance reforms and create a task force to work over the summer to gather stakeholder input and recommend structural reform to the pension systems. The governance changes are key to solving the pension crisis. These reforms will increase the level of professional expertise of those managing the pension funds and take the politics out of decision-making at the Vermont Pension Investment Committee (VPIC), which consists of employer and employee representatives. They will streamline the decision-making process around changes to actuarial assumptions, require more frequent experience studies, and enhance transparency around investment fees. Both the new governance structure and the pension task force need to maintain representation and participation from key employee and employer stakeholders.

Defined benefit public pension plans, when properly designed and managed, are the most affordable way to provide secure income in retirement. The legislature is working to ensure the sustainability of the plans in a way that protects not only the benefits that employees and retirees earned but also the Vermonters whose taxes contribute to the pension funds and are increasingly under pressure to shore up the funds each year.

I welcome your emails (myantachka.dfa@gmail.com) or phone calls (802-233-5238).

4/3/2021 - HOUSE SPEAKER JILL KROWINSKI REMARKS ON THE EFFORT TO STABILIZE VERMONT’S TEACHER AND STATE EMPLOYEE PENSION SYSTEM

 

Press Release

For Immediate Release

April 2, 2021

 

Media Contact

Conor Kennedy, Office of the Speaker

ckennedy@leg.state.vt.us

Montpelier, Vt. – Earlier this morning, House Speaker Jill Krowinski was joined by members of the Democratic Caucus at a press conference and provided the remarks below regarding the effort to stabilize the public pension system. A link to the press event can be found at the bottom of the page.

 

Good morning,

 

We are here today because we want to save our public pension systems and give teachers and state employee’s confidence that the money won't run out.

 

When we began this legislative session, I stressed the need to build a COVID recovery plan that leaves no one behind. Because of the tremendous amount of federal relief dollars the state has received, it has given us a once in a lifetime opportunity to think creatively about how to solve our biggest challenges and build us back stronger than ever before in all 14 counties. 

 

One of our state’s biggest problems is our unfunded public pension liability, which has risen exponentially to $5.6 billion. We cannot ignore this situation any longer; we must act. We must stabilize our pension system, so that our hard-working state employees and teachers can retire with peace of mind. Over the past few weeks, we as legislators, along with the House Government Operations Committee, have been taking a deep dive into the seriousness of the problem, how we got here over decades, and examining ideas and solutions that will move us forward on a productive path for the future.

 

I want to pause and acknowledge how hard and emotional this conversation has been for all concerned. We are talking about the economic security and the futures of our dedicated state employees and teachers, and that’s deeply personal for those impacted by any proposal. We have been listening closely to our constituents and hearing their concerns. Change is hard, it takes methodical, determined work, and we are only successful if we work together. As I’ve been listening to people give their feedback, while trying to get people to come to the table to add their voices and solutions, it is clear people are struggling with how to find real systemic change to resolve this crisis right now. Some stakeholders like the Vermont State Employees Union have brought a few ideas to the table, and others like the Governor have not.

 

The added challenges of trying to do this kind of deep policy work in a virtual environment, and not being in the State House together, are creating obstacles towards having a difficult, yet solutions-oriented conversation. 

 

However, in the midst of the frustration, we are seeing a path forward towards fundamental change. A majority of what I’ve been hearing, and the Government Operations Committee has been hearing is focused on the question of, “how did we get here?” Circumstances largely beyond the State’s control have led to this crisis situation, including an aging population with increasing retirements; lower than anticipated investment returns, in part, due to the Great Recession; and changes in actuarial assumptions, including a reduced rate of return. 

 

Moving forward, I believe we should focus on where I’m seeing the most consensus, which is changing the way we make our investment decisions with our governance structure. The legislature doesn’t make investment decisions, but we can change the board structure to make it more transparent, independent, and get more expertise at the table. This is no small lift, but I know we can do this. Second, I’d like the committee to create a Pension Task Force that brings all stakeholders, from the unions to the Governor, to the table to look at possible revenue sources and plan and benefit changes to fix this problem. Lastly, I recommend we keep the one-time $150 million in reserve while the Task Force does its work. We also have the $300 million in this year’s budget to pay for pensions and OPEB.

 

I want to thank Chairwoman Copeland Hanzas and the Government Operations Committee for all their hard work to save our pension system. I also want to thank all of the members for joining in and helping us find a solution. Thank you.

 

A recording of the event can be found here.

 

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4/1/2021 - HOUSE ISSUES FORMAL APOLOGY FOR VERMONT’S STATE-SANCTIONED EUGENICS MOVEMENT

 

With the preliminary unanimous approval today of J.R.H. 2, the Vermont House of Representatives apologizes and takes full accountability for its role in the immeasurable harm that was caused as a result of the state-sanctioned eugenics movement in Vermont.

J.R.H. 2 acknowledges and apologizes for sanctioning and supporting eugenics policies and practices through the advancement of legislation which sought to eradicate people of particular cultures, races, ethnicities, socio-economic status, and abilities. This legislation led to forced family separation, sterilization, incarceration, and institutionalization for hundreds of Vermonters. The traumatic ripple effect of state-led actions has been felt through the generations and has had real and tangible effects on the lives of Vermonters today.

J.R.H. 2 does not undo the harms of the past, but it marks an essential step toward a future of accountability and reconciliation for the generations of Vermonters who were harmed by state-sanctioned violence.

Legislative Report 3/25/2021 - Crossing Over

 Over the weekend, I was able to watch a Zoom broadcast of a “Bridging” ceremony for my grandson Guthrie and his Cub Scout den. The ceremony marks the passage of a Webelos Cub Scout to a Boy Scout troop (Scouts BSA).  The scout salutes their den leader, removes their Cub Scout neckerchief, walks across a small bridge to where the troop leaders are standing, salutes them and receives their new Boy Scout neckerchief. It is a rite of passage marking a transition.

Bills in the legislature can be said to follow a similar path, though not exactly. A bill originates in either the House or the Senate.  To become law, it must pass in the other chamber as well with the exact same language.  The other chamber will often propose amendments which creates a back-and-forth journey for the bill. This requires time for each chamber to study and discuss the bills they receive, which means that waiting too long to send a bill over means the bill will not get passed.  Therefore, the legislature sets a deadline called “crossover” when bills must be voted out of committee to have any chance of passing during the current session. This crossover deadline occurred last Friday.

During the two weeks following the Town Meeting break, the House passed several bills touching on agriculture, health care, the justice system, and education. Raw milk producers are currently prohibited from selling their product away from their farm. H.218 will allow them to sell their product at farm stands and through CSAs other than their own.  Services for mental health patients will be expanded by H.104, which allows certain licensed out-of-state mental health professionals to treat Vermont patients using telemedicine.

The House passed a trio of bills from the Judiciary Committee. H.128 prohibits a person from justifying an act of violence by claiming that they felt threatened by the crime victim’s actual or perceived sexual orientation or gender identity. H.195 allows the use of facial recognition technology by law enforcement in cases related to sexual exploitation of children. Finally, while judges already have an inherent authority to order firearm relinquishment as part of an emergency relief from abuse order, H.133 creates a statutory basis to clarify this authority so that victims will have a clearer understanding that an order removing firearms is available to improve their safety.

The Education Committee brought three bills to the floor successfully. According to a 2019 national assessment, only 37 percent of Vermont’s fourth-graders were proficient in reading, a percentage that declined from 2017.  H.101 will strengthen early literacy instruction for Vermont students in grades pre-K to 3. The bill taps into $3 million in federal stimulus funds to provide grants to supervisory unions to improve literacy teaching and outcomes and ensure that students who struggle receive instruction from highly skilled teachers. 

Since the state suspended aid for school construction in 2007, H.426 addresses the needs and conditions of public school facilities throughout the state. This bill, funded by $2.5 million in federal stimulus money, takes a step forward by updating school facilities construction standards, conducting a statewide assessment of our school buildings, and commissioning a report on state funding options. The long-term goal is to make sure that our school buildings are well-maintained, energy-efficient, safe, and healthy places that meet the needs of 21st century education and technology.

The third bill, H.106, invests $3.34 million in federal funds in a “community schools” pilot program. The bill targets public schools with a high percentage of low-income students and provides three years of funding to hire or designate a community schools coordinator who will work with students, families, teachers and staff, and community partners to transform schools into resource hubs that help both students and families overcome out-of-school barriers to learning like poverty, food and housing insecurity, substance misuse, or lack of access to physical and mental healthcare. Research shows these schools improve attendance, academic achievement, high-school graduation rates and more. As we emerge from the pandemic, H.106 uses federal money to see how Vermont can not only recover but reinvent our schools, while helping our neediest students and families to thrive.

I welcome your emails (myantachka.dfa@gmail.com) or phone calls (802-233-5238).  

Legislative Report 3/4/2021 - Town Meeting recess marks half-way point for legislative session

 

As the legislature prepared to recess for Town Meeting week, the focus continued to be on our #1 priority: Vermonters and the coronavirus. The Vermont House passed and sent to the Senate an additional $79M COVID-19 Relief and Recovery Aid bill.  H.315 provides critical assistance to working families and businesses struggling due to the pandemic by addressing health disparities, increasing social equity, and stimulating economic recovery.

The work my committee has been doing has been focused on getting high-speed broadband to unserved and underserved areas of Vermont. We ended the week by voting the bill (H.360) out of committee on a 9 -0 vote.  The bill now goes to the Appropriations Committee which will consider whether to recommend the appropriation we asked for.

Besides telecommunications, my committee also has jurisdiction over energy policy and the IT systems of the state.  Leading up to the recess, Governor Scott recommended a $200M package of spending based on one-time money from unspent Coronavirus Relief Funds and better than expected state revenues. In the energy area, we concurred with the Governor’s plan to use $10M to assist low- and moderate-income consumers to share in community solar projects, including battery storage of energy.  Folks who rent and homeowners who can’t install solar panels on their property will be able to purchase or lease shares of large solar arrays and receive credit on their electric bills for the energy generated.

 We have also been working with the Agency of Digital Services to fund the upgrade of several of our 40-year-old computer systems, including the Labor Department’s Unemployment Insurance system which has had a lot of problems over the past year.  We are concurring with the Governor’s recommendation of spending $50M to upgrade a dozen different systems.

The Vermont legislature continues to operate remotely as a result of the Coronavirus pandemic and will continue to do so at least until May 15, 2021.  Conducting business remotely is very different from meeting at the Statehouse because of the lack of personal interaction which often helps facilitate communication on important issues.  Zooming is just not the same.  

However, there is a silver lining to this dark cloud.  As a result of live streaming of floor sessions and committee proceedings, it is now possible for anyone anywhere to "sit in" on a proceeding. If you have an interest in a particular issue or would just like to see how legislative business is conducted, I invite you to drop in at your convenience.  Here's how.

Floor sessions take place at 10:00 a.m. on Tuesdays, 1:15 p.m. on Wednesdays and Thursdays, and 9:30 a.m. on Fridays.  To view a livestream of a session go to https://legislature.vermont.gov/.  Scroll down to the bottom of the House or Senate sections where you will find a link to "Watch House/Senate Live Video".  If you want to watch a session after the fact at your leisure, click on the same link and you will find recordings of previous sessions.

Committee meetings are where most of the work takes place.  This is where bills that have been assigned to the committee are discussed and testimony from witnesses is heard.  To view a committee proceeding, again go to https://legislature.vermont.gov/.  In the sidebar at the right is a link to "Scheduled Committee Meetings". Clicking on the link will take you to a page that contains links to the committee pages and the published agenda for the week.  On the committee page there will be a link to "Livestream" where either a livestream of a hearing, or recorded hearings can be viewed.

The Vermont Statehouse is truly "The People's House". As citizens of Vermont the work that goes on there is for the benefit of all and is transparent to all.  At these times when democracy is under assault by lies, misinformation, and conspiracy theories, we in Vermont have an opportunity to see the legislature in action with our own eyes. Being engaged is a way we can all protect our democratic form of government.

 

I welcome your emails (myantachka.dfa@gmail.com) or phone calls (802-233-5238).  

Drop in on the Vermont Legislature

 The Vermont legislature continues to operate remotely as a result of the Coronavirus pandemic and will continue to do so at least until May 15, 2021.  Conducting business remotely is very different from meeting at the Statehouse because of the lack of personal interaction which often helps facilitate communication on important issues.  Zooming is just not the same.  

However, there is a silver lining to this dark cloud.  As a result of live streaming of floor sessions and committee proceedings, it is now possible for anyone anywhere to "sit in" on a proceeding. If you have an interest in a particular issue or would just like to see how legislative business is conducted, I invite you to drop in at your convenience.  Here's how.

Floor sessions take place at 10:00 a.m. on Tuesdays, 1:15 p.m. on Wednesdays and Thursdays, and 9:30 a.m. on Fridays.  To view a livestream of a session go to https://legislature.vermont.gov/.  Scroll down to the bottom of the House or Senate sections where you will find a link to "Watch House/Senate Live Video".  If you want to watch a session after the fact at your leisure, click on the same link and you will find recordings of previous sessions.

Committee meetings are where most of the work takes place.  This is where bills that have been assigned to the committee are discussed and testimony from witnesses are taken.  To view a committee proceeding, again go to https://legislature.vermont.gov/.  In the sidebar at the right is a link to "Scheduled Committee Meetings". Clicking on the link will take you to a page that contains links to the committee pages and the published agenda for the week.  On the committee page there will be a link to "Livestream" where either a livestream of a hearing or recorded hearings can be viewed.

The Vermont Statehouse is truly "The People's House". As citizens of Vermont the work that goes on there is for the benefit of all and is transparent to all.  At these times when democracy is under assault by lies, misinformation, and conspiracy theories, we in Vermont have an opportunity to see the legislature in action with our own eyes. Being engaged is a way we can all protect our democratic form of government.