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JustWondering's avatar

JustWondering

Andrea Tevlin, San Diego's budget analyst, too busy to talk

Don, I was just wondering if you'll tell us where the markets will close on June 30, 2009? What's that, you can't! You don't know? But isn't this really the only date that matters according to the SDCERS sponsoring documents and Municipal Code? For it is the Fund's valuation on that date that the actuary sets the amount of payment necessary to meet the City's contractual obligations. Now don't take me the wrong way, the financial system is a mess and I believe most agree there were many cooks stirring this stew. But on January 20, 2009, a new day begins to rise on our nations and "Change" has been promised. Historically we know most new administration get a honeymoon period. Chances are President OBAMA will get one too. You and I know SDCERS have 20, 30, 40 year time horizons and there will be dramatic ups and downs. The early 80s, 1987, the early 90s come to mind. We are in one of those downs right now... and it's a bad one, there's no doubt there. But others see this as a buying opportunity. Real estate has dropped 30%. Mortgage rates are trending downward too. More people, ones with "real" jobs have real opportunity to OWN a home and actually pay for it. Equities are beaten down, P/E are realistic bargains BUT volatile. I believe we'll work our way out this... with CHANGE. And everyone of the interested parties, those attending this dance need to participate in finding solutions, one way or another. Does the snapshot of 2009 that you presented look pretty bleak? YES it sure does. But, to use a football analogy, it's only the first of four quarters played in this fiscal year and a new quarterback is coming into the game. Don't you think we should see what his team can accomplish before we capitulate?
— December 3, 2008 1:48 p.m.

City Pension Fund Is Only 58 Percent Funded, Council Will Learn Tomorrow. Will It and Mayor Listen?

Well that begs the question....why? Johnny, if what you say is true... "This is very common procedure, in fact the exact same thing happened to me back in January." Then why did our City Attorney file this appeal now? If as you say..."They like to hear all the appealable issues at one time-which is at the end of a case." Yes, I read previous sentence regarding harm but as we know there are many avenues of harm when it comes to the pension mess. It seems a better tactic would have been to complete this case at the trial level. A year has been "wasted" while the appeals court mulled this over, with their outcome ...."[a] very common procedure" very predicable. I suspect this is why most people, considering the recent election results, lost faith in Mr. Aguirre's "ability" to bring some positive resolution to this matter. But what I find more interesting is the ruling by Judge Nevitt, on the Purchase of Service Credits issue. He tentatively ruled in the Dec Relief action the City is NOT liable for underpricing of credits by SDCERS. He offers no remedy path, not a single suggestion. While it's obvious the taxpayers are now off the hook for at least $40M, which is good, how does SDCERS go about unwinding these purchases ... fairly? I see some potential solutions. I list them in order of what I think should happen. 1. Cancel all PCS contract and refund the moneys to employees. In researching the program, I believe its original purpose was to fix a loophole for employees who had "broken service" a result of being recalled to military service. Somehow, someone in authority, someday, just decided they wanted up to 5 more years of service to raise their lifetime pension and subverted the original intent. This needs to be undone. 2. Reset the time purchased to the rates set by 2003 that made the rate cost neutral as required by the MuniCode. 3. Have the employees pay the difference between their purchase price and the appropriate rate set in 2003 if they wish to keep the "time purchased.
— November 14, 2008 8:33 a.m.

City Pension Fund Is Only 58 Percent Funded, Council Will Learn Tomorrow. Will It and Mayor Listen?

From the Voice of San Diego...11/13/08 12:30PST In what could be a final blow to outgoing City Attorney Mike Aguirre's flagship pension lawsuit, the Fourth District Court of Appeals has dismissed the city's appeal on procedural grounds, according to the court's website. In August 2007, Superior Court Judge Jeffrey Barton threw out the last remnants of Aguirre's pension case. The case, based on conflict-of-interest violations, was barred by the one-year statute of limitations for conflict cases, Barton ruled. Aguirre filed the civil lawsuit in 2005, alleging that retirement trustees improperly boosted their own pensions while at the same time agreeing to let the city underfund the retirement system in 2002. Aguirre appealed the decision and it has been pending at the Fourth District Court of Appeals. Other arguments contained in Aguirre's original case had been struck down previously. The appeals court recently considered a motion by the San Diego City Employees' Retirement System, the defendant in the lawsuit, to dismiss Aguirre's appeal on procedural grounds, according to the docket. The court docket says that the justices read and considered that motion and agreed with SDCERS, dismissing Aguirre's appeal. The docket says that the city is, effectively, attempting to appeal a decision that is couldn't be appealed. Here's what the docket says: The City purports to appeal the September 17, 2007, judgment of dismissal of the City's sixth amended cross-complaint, which is a nonappealable interlocutory judgment. There's no more information on the docket about why the justices decided the appeal shouldn't be heard. Neither Aguirre nor attorneys for SDCERS could be reached immediately for comment, but we'll have more information as we get it.
— November 13, 2008 1:45 p.m.

City Pension Fund Is Only 58 Percent Funded, Council Will Learn Tomorrow. Will It and Mayor Listen?

I read ( http://weblog.signonsandiego.com/news/breaking/20… ) with interest that Mr. Aguirre has found a chink in the pension armor. Although this is a tentative ruling, it seems that some purchase of service or "PSC" benefits may be unwound, rolled back, correctly credited or some other remedy may be applied. I also note, the current "financial state of the nation" may have affect on judicial analysis. With times tough now and potentially tougher in the foreseeable future for pension system it seems this judge wants to spread the costs like Obama wants to share the wealth. My question is how long will it take to calculate and what happens next. Has the court open Pandora Box or is this a crack in the dam.
— November 12, 2008 1:01 p.m.

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