Legislature(2007 - 2008)SENATE FINANCE 532

02/08/2008 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 57 MARINE PARKS ADDITIONS/HUNTING ALLOWED TELECONFERENCED
Moved CSSB 57(RES) Out of Committee
+ HB 13 RETIREMENT SYSTEM LIABILITY/BONDS/CORP. TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 119 SCHOOL LIBRARY GRANTS TELECONFERENCED
Moved CSSB 119(FIN) Out of Committee
CS FOR HOUSE BILL NO. 13(FIN)                                                                                                 
                                                                                                                                
     "An  Act relating  to prepayments  of accrued  actuarial                                                                   
     liabilities of  government retirement  systems; relating                                                                   
     to the Alaska Municipal Bond  Bank Authority, the Alaska                                                                   
     Housing   Finance  Corporation,   and  the  state   bond                                                                   
     committee;  establishing the  Alaska Pension  Obligation                                                                   
     Bond Corporation;  permitting the Alaska  Municipal Bond                                                                   
     Bank  Authority  or a  subsidiary  of the  authority,  a                                                                   
     subsidiary  of the Alaska  Housing Finance  Corporation,                                                                   
     the  state  bond  committee,   and  the  Alaska  Pension                                                                   
     Obligation   Bond  Corporation   to  assist  state   and                                                                   
     municipal  governmental   employers  by  issuing  bonds,                                                                   
     notes, commercial paper,  or other obligations to enable                                                                   
     the governmental  employers to  prepay all or  a portion                                                                   
     of the  governmental employers'  shares of the  unfunded                                                                   
     accrued  actuarial  liabilities of  retirement  systems;                                                                   
     authorizing    a   governmental   employer    to   issue                                                                   
     obligations   to  prepay  all   or  a  portion   of  the                                                                   
     governmental employer's  shares of the  unfunded accrued                                                                   
     actuarial  liabilities  of  retirement  systems  and  to                                                                   
     enter into  a lease or other contractual  agreement with                                                                   
     a trustee,  the Alaska Municipal Bond Bank  Authority or                                                                   
     a  subsidiary  of the  authority,  a subsidiary  of  the                                                                   
     Alaska  Housing  Finance  Corporation,  the  state  bond                                                                   
     committee,  or   the  Alaska  Pension   Obligation  Bond                                                                   
     Corporation   in  connection   with   the  issuance   of                                                                   
     obligations  for  that purpose,  and  relating to  those                                                                   
     obligations;  relating  to   revision  of  the  employer                                                                   
     contribution   rate   in    connection   with   financed                                                                   
     prepayment of unfunded accrued  actuarial liabilities of                                                                   
     government  retirement  systems;  and providing  for  an                                                                   
     effective date."                                                                                                           
                                                                                                                                
Co-Chair  Stedman  commented that  the  bill  has an  immense                                                                   
magnitude in  dollars and is one  of the tools  to facilitate                                                                   
cash flow for the unfunded liability.   He referred to a book                                                                   
called "Pension  Obligation Bonds  and Other  Post-Employment                                                                   
Benefits" by  Roger Davis.   He referred to the  presentation                                                                   
by the  Department  of Revenue  (DOR).  He  also referred  to                                                                   
documents from the  PEW Center on the States,  "Promises with                                                                   
a Price",  and a fact sheet  regarding other  states' retiree                                                                   
benefit obligations.   There is also a handout  from Standard                                                                   
and  Poor's  RatingsDirect,  "Time  May  Be Ripe  For  A  POB                                                                   
Revival".  (All copies are on file.)                                                                                            
                                                                                                                                
10:05:49 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  MIKE HAWKER,  SPONSOR, explained  that  HB 13                                                                   
deals  with the  unfunded  liability  related  to the  Public                                                                   
Employee Retirement System (PERS)  and the Teacher Retirement                                                                   
System   (TRS),  due   to   insufficient   assets  to   cover                                                                   
liabilities.   About  $8.5  billion is  needed  to cover  the                                                                   
unfunded  liabilities.   The retirement  obligation to  those                                                                   
trusts is a requirement fixed  in the state constitution.  HB
13 provides  a mechanism  by which to  pay off the  liability                                                                   
through the use of the capital markets financial leverage.                                                                      
                                                                                                                                
Representative Hawker  compared the debt  to a mortgage  on a                                                                   
house, which accrues interest.   The pension liabilities also                                                                   
accrue interest,  of sorts.  The  device offered in  the bill                                                                   
would empower  the political  subdivision to refinance  these                                                                   
pension  funds  by  going  into   the  international  capital                                                                   
markets,  borrowing money  at  a low  rate  of interest,  and                                                                   
investing  it.   He  explained  how the  state  saves on  the                                                                   
arbitrage.   There are  many federal  restrictions,  but this                                                                   
method is federally sanctioned.                                                                                                 
                                                                                                                                
10:11:03 AM                                                                                                                   
                                                                                                                                
Representative  Hawker   emphasized  that  the   bill  is  an                                                                   
empowerment  bill.  It  allows the  municipal authorities  to                                                                   
engage  in Pension  Obligation  Bonds (POBs)  to help  reduce                                                                   
debt.  He pointed out that the  state has qualified financial                                                                   
advisors.   He highly  recommended the  Orrick (Roger  Davis)                                                                   
book.                                                                                                                           
                                                                                                                                
10:14:09 AM                                                                                                                   
                                                                                                                                
BRIAN  ANDREWS,   DEPUTY  COMMISSIONER,  TREASURY   DIVISION,                                                                   
DEPARTMENT  OF REVENUE, testified  on HB  13 using  a handout                                                                   
entitled  "Pension Obligation  Bonds" (copy  on file.)     He                                                                   
referred to  page one of the  handout to define  what Pension                                                                   
Obligation  Bonds  (POBs)  are.     He  explained  that  POBs                                                                   
replaces  one form  of debt with  another form  of debt  that                                                                   
carries a  lower interest rate  cost, similar  to refinancing                                                                   
the mortgage  on  a house.   They are  issued  by a state  or                                                                   
local government.  The greater  the investment arbitrage, the                                                                   
better  off   the  state  will   be  in  achieving   a  lower                                                                   
contribution rate  to the state's  pension plans.   POBs have                                                                   
been a increasingly popular and  successful way for state and                                                                   
local  governments  to  accomplish financial  goals.    Since                                                                   
1955, six states  and over 234 local governments  have issued                                                                   
POBs totaling  in  excess of $40  billion.   In the  mid-90's                                                                   
Anchorage issued a POB.                                                                                                         
                                                                                                                                
Mr.  Andrews turned  to  page  2, a  map  of the  U.S.  which                                                                   
depicts states  that have  issued POBs.   Illinois  holds the                                                                   
record for the  largest POB, in 2003, worth $10  billion.  He                                                                   
noted that  Connecticut would  be issuing a  POB in  the next                                                                   
couple weeks.                                                                                                                   
                                                                                                                                
10:17:55 AM                                                                                                                   
                                                                                                                                
Mr. Andrews addressed  the question, "Why Should  We Consider                                                                   
Issuing  POBs?" found on  page 3.   Some  of the benefits  of                                                                   
POBs  are  interest   rate  savings,  a   positive  arbitrage                                                                   
potential, and  the fact that  they are not generally  viewed                                                                   
as adding to the debt burden of  the state government issuer.                                                                   
                                                                                                                                
Mr. Andrews  emphasized that  POBs are  not a golden  bullet,                                                                   
but rather a financial tool - page 4.                                                                                           
                                                                                                                                
Mr. Andrews  discussed page 5, "Alaska  Pension Bill/Unfunded                                                                   
Actuarial Accrued  Liability (UAAL)  in 2006".   The unfunded                                                                   
liability is  a bill that the  pension systems are  giving to                                                                   
the state and  local governments, which totals  $8.6 billion.                                                                   
Co-Chair  Stedman asked  for a  definition of  PERS and  TRS.                                                                   
Mr. Andrews defined those terms.                                                                                                
                                                                                                                                
Mr.  Andrews  continued  to  explain   page  6,  "Paying  the                                                                   
Bill/UAAL".  One of the options  is to pay with cash; another                                                                   
option is to pay  with a loan at 8.25 percent  over 25 years.                                                                   
The question  is whether  a POB can reduce  the cost  to less                                                                   
than 8.25 percent.                                                                                                              
                                                                                                                                
10:20:27 AM                                                                                                                   
                                                                                                                                
Mr.  Andrews reported  on the  "Funding  Status Overview"  on                                                                   
page 7.  He  reviewed the funding status for PERS  and TRS as                                                                   
of June 30, 2006, according to the actuarial report.                                                                            
                                                                                                                                
Mr. Andrews discussed  "Interest Rate Savings" -  page 8.  IF                                                                   
a  bond transaction  was issued  this  week, it  would be  at                                                                   
about 5.25 percent.  He cautioned  that credit markets are in                                                                   
an  unstable state.   The  difference between  8.25 and  5.25                                                                   
over  twenty-five years  is  $323 million  in  savings on  $1                                                                   
billion, or $23 million annually.                                                                                               
                                                                                                                                
Mr. Andrews explained the "Interest  Rate History" on page 9.                                                                   
The interest  rate  is very low,  the lowest  since the  mid-                                                                   
60's.  Page 10 deals with "Treasury  Rates Still Historically                                                                   
Attractive".                                                                                                                    
                                                                                                                                
10:23:44 AM                                                                                                                   
                                                                                                                                
Mr.  Andrews  turned  to  the  topic  of  arbitrage  and  the                                                                   
"Historical  Investment   Returns  of  State   Pension  Plans                                                                   
(PERS)" on page  11 and 12.  The average return  from 1992 to                                                                   
2007 is  9.67 percent.   The  numbers from  2003 and  up have                                                                   
been  very  attractive.   He  discussed  the risk,  which  is                                                                   
usually  measured by  volatility, a  measurement of  standard                                                                   
deviation.  The level of volatility  is low.  The numbers are                                                                   
very similar for TRS because the portfolio is similar.                                                                          
                                                                                                                                
Mr.  Andrews  turned to  page  13,  "Long Term  Target  Asset                                                                   
Allocation".   The ARM  Board reviews  the asset  allocations                                                                   
each  year with  the help  of the  financial advisor,  Callan                                                                   
Associates, Inc.   The median  return is 8.05 percent  with a                                                                   
standard deviation of 12.27 percent.                                                                                            
                                                                                                                                
10:26:05 AM                                                                                                                   
                                                                                                                                
Mr. Andrews  discussed the  third reason  for going  to POBs,                                                                   
credit   neutrality.       He   explained    "Credit   Rating                                                                   
Consideration" on  page 14.  He summarized that  POBs are not                                                                   
considered  new debt.   Rating  agencies like  to talk  about                                                                   
unfunded liabilities as being  a soft liability, which allows                                                                   
for  some  flexibility.    A POB  transaction  turns  a  soft                                                                   
liability  into a hard  liability.   He argued that  unfunded                                                                   
liabilities are really hard liabilities  because they are set                                                                   
in constitution.   He  recalled a case,  the State  v. Duncan                                                                   
that   agreed   with   the   interpretation   that   unfunded                                                                   
liabilities are  hard liabilities.   He opined  that treating                                                                   
the unfunded  liabilities as  hard liabilities brings  fiscal                                                                   
stability to the process.                                                                                                       
                                                                                                                                
10:28:07 AM                                                                                                                   
                                                                                                                                
Mr. Andrews  turned to page  15, "Prudently Structured,  POBs                                                                   
are Ratings Neutral".  He pointed  out that the funding level                                                                   
rating  agencies  like  to  look at  is  around  80  percent.                                                                   
Overfunding  above  80 percent  is  somewhat  risky.   Ratios                                                                   
below 80 percent are a potential negative.                                                                                      
                                                                                                                                
Mr. Andrews explained, on page  16, the three types of risks:                                                                   
investment, political,  and market.   He turned to page  17 -                                                                   
"Investment  Risk Analysis".   As long  as those  bond-funded                                                                   
assets  earn more  than  5.25 percent,  there  is a  positive                                                                   
effect;  anything under  that percentage  fails to cover  the                                                                   
cost  of  the  bond.    Page  18  depicts  "Investment  Risks                                                                   
(PERS)".   The  graph  shows the  various  scenarios by  year                                                                   
since 1992 if POBs  had been issued.  For 14  out of 16 years                                                                   
the issuance  of POBs would  have resulted  in a gain  to the                                                                   
pension plan.   It highlights  one of  the risks of  having a                                                                   
negative scenario, such as in 2000 and in 2001.                                                                                 
                                                                                                                                
10:31:37 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  asked for more information  about cash flow                                                                   
impacts in various environments.   The 90's had a very strong                                                                   
equity  market.  2002  and 2001  were negative  environments.                                                                   
Mr. Andrews agreed to provide  more information.  He spoke of                                                                   
bull markets and bear markets as examples.                                                                                      
                                                                                                                                
10:33:14 AM                                                                                                                   
                                                                                                                                
Mr.  Andrews  addressed  page  20, "UAAL  vs.  POB  Financial                                                                   
Success".   He  summarized that  as long  as the  bond-funded                                                                   
assets make more  than 5.25 percent, the state  is better off                                                                   
for  having borrowed.   If  the  assets earn  less than  8.25                                                                   
percent,  the unfunded  liability  goes up.    Even if  those                                                                   
assets earn  more than 8.25  percent, the unfunded  liability                                                                   
can increase due to actuarial and/or accounting changes.                                                                        
                                                                                                                                
Senator Thomas asked about the  charts on pages 18 and 19 and                                                                   
the change  in the  estimated cost of  borrowing column.   He                                                                   
wondered  if  the  percentages  are  actuals.    Mr.  Andrews                                                                   
replied that  each year stands  by itself.  He  gave examples                                                                   
from  various years.    Co-Chair Stedman  asked  if that  was                                                                   
before or  after transaction  costs.   Mr. Andrews  said that                                                                   
included  transaction fees.   In  2007, the  rate would  have                                                                   
been around  5.75 percent.  He  noted that these  figures are                                                                   
for fiscal years.                                                                                                               
                                                                                                                                
10:36:59 AM                                                                                                                   
                                                                                                                                
Mr. Andrews turned to page 21,  "Investment Return Forecast",                                                                   
a Monte  Carlo simulation that  takes historical  returns and                                                                   
scrambles them  and tries to determine  what the return  of a                                                                   
portfolio would  be.   In a conservative  scenario -  70/30 -                                                                   
the  return was  greater than  5.25 percent,  but included  a                                                                   
risk.                                                                                                                           
                                                                                                                                
Co-Chair Stedman  referred to page  18 and a reference  to if                                                                   
POBs  had  been  implemented  last  year  on  June  30.    He                                                                   
requested more  information.   Mr. Andrews corrected  that it                                                                   
would  have been  in  June of  2006, with  a  return of  18.9                                                                   
percent.                                                                                                                        
                                                                                                                                
Representative Hawker  spoke of this proposed  transaction as                                                                   
having a  high degree  of confidence that,  over the  life of                                                                   
the transaction, works to the  state's benefit.  He explained                                                                   
how the Monte  Carlo simulation documents  the possibilities.                                                                   
He said  this POB  proposal has a  high degree of  confidence                                                                   
due  to  the fortuitous  time  of  low  interest rates.    He                                                                   
cautioned not to try to time a transaction with the market.                                                                     
                                                                                                                                
10:40:56 AM                                                                                                                   
                                                                                                                                
Senator Elton referred to page  21 and noted it was a 25-year                                                                   
investment period.  He assumed  there was a 5.25 percent cost                                                                   
over that  time, based upon  assumptions in the  market place                                                                   
at  the  time over  the  life  of  the bonds.    Mr.  Andrews                                                                   
explained  how the  Monte Carlo  model  worked by  scrambling                                                                   
iterations.   Senator Elton said  he is assuming if  the bill                                                                   
passes, the  interest rate will  be predicated over  the full                                                                   
life  of the term  of the  bond.   Mr. Andrews  said that  is                                                                   
correct.                                                                                                                        
                                                                                                                                
10:43:21 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman requested information  about the probability                                                                   
of  the outcome  using  various  time  periods, not  just  25                                                                   
years.  Mr. Andrews replied that  the life of the bonds is 25                                                                   
years, and the  shorter the time period, the  more volatility                                                                   
there  is.   Over  time,  that  is lessened  and  the  return                                                                   
averages out.   If  the time frame  is shortened  to 5  or 10                                                                   
years, the confidence level decreases.                                                                                          
                                                                                                                                
Co-Chair  Stedman  offered  to   provide  more  data  to  the                                                                   
committee.   He asked where  Mr. Andrews  got his data.   Mr.                                                                   
Andrews replied that  it came from the S & P  500 index.  Co-                                                                   
Chair Stedman  asked if allocations  were used.   Mr. Andrews                                                                   
reported that  the 70/30, 80/20,  and 90/10 allocations  were                                                                   
used.  Co-Chair Stedman said the  70 percent was from the S &                                                                   
P 500.  He asked where the 30  percent was from.  Mr. Andrews                                                                   
replied Lehman  aggregate, an  index that  is used  for fixed                                                                   
income  securities with  a duration  of about  7 years.   Mr.                                                                   
Andrews  explained that  the average  maturity of the  Lehman                                                                   
aggregate  or  fixed  income portfolio  is  approximately  10                                                                   
years.  Co-Chair Stedman added  that it is a weighted average                                                                   
of cash flows.                                                                                                                  
                                                                                                                                
10:47:36 AM                                                                                                                   
                                                                                                                                
Mr. Andrews turned  to page 22, "Political Risk  - Key Driver                                                                   
of  UAAL".   He explained  that  the unfunded  liability,  as                                                                   
reported  by  the  state's actuary,  was  really  created  by                                                                   
increased  health benefit  costs  in 2001-2003.   There  were                                                                   
also  some  pension  plan changes  that  contributed  to  the                                                                   
expense.  It was not the result of poor investment returns.                                                                     
                                                                                                                                
Mr.  Andrews  discussed political  risk  on  page 23.    High                                                                   
amounts of  POB proceeds may cause  the pension system  to be                                                                   
over-funded, which  could lead to political  pressure calling                                                                   
for benefit  increases  that would incur  new liabilities  in                                                                   
the future.                                                                                                                     
                                                                                                                                
Mr. Andrews spoke of "Market Risk"  on page 24.  POB proceeds                                                                   
cause a  large amount  of capital  infusion into the  pension                                                                   
system at once, and how the ARM  Board invests those proceeds                                                                   
is critical.   The success  of the POB  plan relies on  a low                                                                   
cost and  a positive  arbitrage.   When the  issuance of  the                                                                   
bonds have  proceeds, it's very  important that  they achieve                                                                   
at least 5.25 percent  during the first couple of  years.  He                                                                   
provided an example:  If a $100  investment drops to $50, the                                                                   
loss is  50 percent;  however, to  go from  $50 back  to $100                                                                   
requires a 100 percent gain.                                                                                                    
                                                                                                                                
Representative Hawker related  a strategy by the ARM Board to                                                                   
invest more conservatively in the first couple of years.                                                                        
                                                                                                                                
10:51:33 AM                                                                                                                   
                                                                                                                                
Mr. Andrews  turned to three types  of public debt,  page 25,                                                                   
"Security": general obligation  bonds, obligations imposed by                                                                   
law, and annual appropriation  bonds.  HB 13 calls for annual                                                                   
appropriation bonds.                                                                                                            
                                                                                                                                
He  explained   potential  savings,  page  27,   "Case  Study                                                                   
(PERS)".    The upper  left  matrix,  "Employer  Contribution                                                                   
Rates",  shows  a  figure  of 35.22  percent,  which  is  the                                                                   
contribution  rate  that  the   ARM  Board  adopted  for  the                                                                   
unfunded liability.  The matrices  show the potential savings                                                                   
of  issuing POBs  or  using cash  to  pay down  the  unfunded                                                                   
liability.  He gave an example  from the first matrix of a $2                                                                   
billion POB  transaction moving the annual  contribution rate                                                                   
down  to 32.91  percent.     That equals  a  savings of  2.31                                                                   
percent on  the annual contribution  rate as depicted  in the                                                                   
lower  left column.   That equates  to dollars  in the  upper                                                                   
right column, which is a savings  of $38.62 million annually.                                                                   
Over  the  life  of  the  bonds,  or  25  years,  that  is  a                                                                   
cumulative  rate of  $544.28 million  in savings,  discounted                                                                   
out at 35  percent.  That final  tally is shown in  the lower                                                                   
right column.                                                                                                                   
                                                                                                                                
10:54:15 AM                                                                                                                   
                                                                                                                                
Mr. Andrews summarized the "Take-aways"  on page 31.  He read                                                                   
the 4 points:                                                                                                                   
                                                                                                                                
     If we can earn more than the cost of POB, we are better                                                                    
     off for issuing it.                                                                                                        
                                                                                                                                
     We are in a very favorable interest rate environment -                                                                     
     take advantage of it!                                                                                                      
                                                                                                                                
     Risks associated with POB issuance are quantifiable and                                                                    
     statistically justified by the rewards.                                                                                    
                                                                                                                                
     Doing nothing is not a viable option.                                                                                      
                                                                                                                                
Mr. Andrews concluded that the  Administration is in favor of                                                                   
HB 13.                                                                                                                          
                                                                                                                                
CSHB 13(FIN) was heard and HELD in Committee for further                                                                        
consideration.                                                                                                                  
                                                                                                                                

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