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Weekly Review
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July 20, 2009
 
 
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In This Issue
The Budget That Passed ........ The Budget That Should Have Passed
Pension Reform, Pension Ethics and Fiduciary Diversity, OH MY!
Calendar of Events
 
From the Capitol
 
capitol domeThe Budget That Just Passed......
 
 Public Acts: 096-0042, 096-0043, and 096-0045 
 
FY2010-The balanced budget that isn't.  On July 15, 2009, lawmakers passed and Governor Quinn signed a $26.08 billion budget for FY2010, that is overly reliant on debt and one-time revenue.  Continuing its irresponsible fiscal stewardship of the state's public pension system, state government has again decided not to use revenue to pay its required employer contribution, but instead cover its obligation with debt.  To this end, the state will issue $3.466 billion in short-term pension notes.  Illinois is then using the revenue that it otherwise would have used to pay its pension obligation, to cover the cost of some services to be provided in FY2010.  About $2.23 billion of this revenue diversion is slated for human service providers.  The governor has discretion over the remaining $1.23 billion. 
 
Of course, beginning in FY2011, this pension debt has to be repaid over the next five years, with an estimated annual debt service cost of about $800 million.  Note that, this new annual debt service payment of $800 million will have to be funded next year, in addition to finding $3.4 billion in new revenue to replace the note proceeds.
 
Other material one-time revenue sources used in the FY2010 budget that won't be available in FY2011 include $1.843 billion from the federal stimulus (the American Recovery and Reinvestment Act) and $356 million in fund sweeps.  The   state is also considering delaying payment of $3.2 billion to vendors.  
 

FY2010 Budget Breakdown

APPROPRIATIONS

$26.08 B*

ONE-TIME, NONRECURRING REVENUES

               

        Debt Proceeds from Pension Notes

 $3.466 B

        Federal Stimulus

 $1.843 B

        Fund Sweeps

  $ .356 B

TOTAL NONRECURRING REVENUE

     $5.665 B**

* Note:  The FY2010 budget figure does NOT include at least $2.162 B in past due, unpaid bills carried forward from FY2009-and there is NO revenue source to pay it.

**Note:  That means over 21% of the FY2010 budget is covered with one-time, nonrecurring revenues not available in FY2011.

 

 

 
According to press reports, the budget includes around $2.1 billion in spending cuts and the possibility of an additional $1.1 billion in cuts later in the year, that the governor has discretion over.  Governor Quinn also stated that he will to try to reopen union contracts with state workers to stop a scheduled raise totaling $125 million.
 
The $26.08 billion General Fund appropriation for FY2010 is $3.6 billion less than the General Fund appropriation for FY2009, representing 12.0% cut in nominal dollars.  After taking inflation into account using the Midwest Consumer Price Index or the Employer Cost Index, funding levels are being reduced by either 13.1% or 14.9%.  
 
These significant cuts coupled with an unsustainable and irresponsible budget based on short-term borrowing, one-time, nonrecurring revenue and deferred payments to providers are difficult to justify, given that the state is in the midst of a severe recession that will dramatically increase demand for services.  In particular, the recession will undoubtedly increase the need for human services, the budget for which may be slashed by 14%.  Instead of acting to support the state's economy and aid its struggling residents, this budget will have the opposite effect of increasing both public and private sector unemployment (for more information on how, see CTBA's report "Moving Forward") while eliminating critical supports for our most vulnerable people.
 
 

FY2011 Starting Budget

Shortfall-Minimum

Replacement of One-Time FY2010 Revenues and Debt

$5.665 B

Debt Service on Pension Notes

$ .800 B

Carry Forward of Operating Deficits from FY2009/2010

$2.162 B

TOTAL MIMIMUM FY2011 STARTING DEFICIT

$8.627 B


 
Illinois poor fiscal health and practices haven't gone unnoticed by the rating agencies.  Moody's Investors Services, which recently downgraded Illinois as a debt issuer from Aa3 to A1 (the lowest rating of any state other than California), may do so again in the near future.  Moody's, noting that Illinois' decision to borrow against the pension system to help fund the FY2010 budget worsens the state's ongoing, structural deficit, issued a statement on July 16, 2009, stating that it is reviewing Illinois for an additional downgrade.  Key among Moody's concerns was a "History of political unwillingness to provide sufficient funding to structurally balance the budget."

The Budget That Should Have Passed...... 
 
HB 174
Given the questionable FY2010 budget that resulted from a third consecutive year of special sessions the state has suffered through, it's hard to tell where political posturing ends and serious budget reform begins. At this juncture, after the proposal of "doomsday" budgets, the ongoing inability of the state to pay healthcare or human service providers or its pension obligations, and the failure of the state to invest in a quality education for all children, it should be clear to everyone that Illinois cannot cut its way out of its deficit problems.  Simply put, Illinois needs tax reform that will generate more revenue, while modernizing the tax structure and reducing tax burden on low income families. 
 
The good news is, HB 174, a modified version of SB 750 that was originally introduced by Senator James. T. Meeks (D-15), actually passed the Senate and creates a sound template for the type of fiscal reform Illinois sorely needs.  It raises anywhere from $5.6 billion to $6.013 billion in new, recurring tax revenues, provides tax relief to homeowners and low income families, and provides additional funding for education.
 
Following are highlights of HB 174.
 
  • The Illinois individual income tax rate increases from 3% to 5%.
  • The standard exemption an individual taxpayer can claim against the state income tax increases from $2,000 to $3,000.
  • Property tax relief is provided by doubling the state personal income tax credit individuals may claim for the local property taxes paid on their principal residence in Illinois, from 5% to 10%. 
  • Tax fairness for low income working families comes from a tripling of the state's Earned Income Tax Credit (EITC) from 5% to 15% of the federal EITC claimed.
  • The Illinois sales tax base is expanded to include 39 different consumer services, most of which are already taxed by one or more of our neighboring states.
  • Both K-12 and higher education funding will be enhanced starting in Fiscal Year 2011.

    For a detailed analysis, see CTBA's HB174 Fact Sheet

 
Pension Reform, Pension Ethics and Fiduciary Diversity, OH MY!
By Bukola Bello, Dir., Illinois Retirement Security Initiative

 
The wonderful world of pensions is volatile at best and meticulously detailed at worst.  Various pieces of pension legislation introduced during the 96th General Assembly took on a multitude of issues, covering everything from proposing creation of a two-tiered system, to creating new training and ethics requisites for pension board trustees.  Following is a brief summary of the main bills introduced.


Pension Reform
The issue of pension "reform" was tackled in the House by Representative Kevin McCarthy (D-37).  The stated goals of these reforms were to modernize the systems while reducing taxpayer cost.  The actual bills introduced by Rep. McCarthy, Chair of the Personnel and Pensions Committee, however, were highly controversial and contested on the one hand, while falling short on satisfying the stated goals on the other.  

HB 3798 would amend the General Assembly Retirement System (GARS) Article of the Illinois Pension Code to create a defined contribution plan for new members.  The bill would create two groups of members who may elect to participate in the new plan.  After reviewing this legislation, the Illinois Retirement Security Initiative (IRSI) concluded it failed to address that the state's budgetary challenges.  The reality is, HB 2798 would simply create a new, administratively expensive defined contribution plan for an average of 7-12 new members a year, which obviously does nothing to decrease the state's $73.4 billion unfunded pension liability. 

Click Here for HB 3798 Fact Sheet


SB 1292 would amend the Articles of the Illinois Pension Code that affect each of the five state-funded retirement systems (General Assembly, State Employees, State Universities, Downstate Teachers, and Judges).  Although billed as a "reform" and "modernization" of the systems, SB 1292 significantly cuts pension benefits for members of all state pensions, hired after August 1, 2009, without implementing any real reforms and with questionable, if any, cost savings.  SB 1292 fails to address the real issue that created the state's unfunded pension liability in the first place - a state revenue system that fails to generate enough growth annually for Illinois to pay its bills.  Without identifying a revenue source that will permit the state to pay its pension obligations, SB 1292 simply fails to meet the criteria for being fiscally responsible.

Click here for Reasons to Oppose SB 1292

**As of July 14, 2009, SB 1292 will be the vehicle for the sale of $3.5 billion in pension obligation bonds.  No amendment number has been provided.**


HJR 65 creates the Pension System Modernization Task Force, to recommend pension benefit changes designed exclusively to modernize the Teachers' Retirement System of the State of Illinois, the State Universities Retirement System and the State Employees' Retirement System of Illinois.  The Task Force held its first meeting in Springfield on June 18, 2009, where four subcommittees were created:  Funding, Benefits, Investment Policy, and Collective Bargaining.  Meetings will be held monthly until mid-October.


Pension Ethics
Immediate action was demanded by the public in the wake of numerous scandals involving former Governor Rod Blagojevich and Trustees of the Teachers' Retirement System of Illinois.  That action came in the form of pension ethics legislation introduced by Senator Kwame Raoul (D-13) as SB 1656, and Representative William Burns (D-26) as  HB 3722. Collaboration of both chambers led to the swift passing and signing of compromise ethics reform legislation,  SB 364, which became Public Act 96-0006 on April 3, 2009.

Fiduciary Diversity
SB 364 also includes a public policy declaration that encourages public retirement systems, pension funds, and investment boards to use more diverse, emerging investment managers.  In addition to the call for equal visibility among emerging investment managers and minority broker dealers, the legislation also mandates an increase in racial, ethnic, and gender diversity of fiduciaries in retirement systems, pension funds and investment boards.  The legislation creates a working group to review the performance of investment managers and consultants providing investment services for the retirement systems, pension funds, and investment boards created under the Illinois Pension Codes; and develops uniform standards for comparing the costs of investment services.  




 
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Do you have something to add to the Newsletter?
email Tracy Bisacky @
tbisacky@ctbaonline.org


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