# 2000-11 August 2000 THE IMPACT OF MANDATORY SOCIAL SECURITY COVERAGE OF STATE AND LOCAL WORKERS: A MULTI-STATE REVIEW by Alicia H. Munnell Boston College Laurel Beedon and Jules Lichtenstein, PPI Project Managers The Public Policy Institute, formed in 1985, is part of the Research Group of AARP. One of the missions of the Institute is to foster research and analysis on public policy issues of interest to older Americans. This paper represents part of that effort. The views expressed herein are for information, debate, and discussion, and do not necessarily represent formal policies of AARP. 2000, AARP Reprinting with Permission Only. Acknowledgements Peter A. Diamond helped straighten out some of the conceptual issues in the report. Robert M. Ball and Annika Sunden provided valuable comments. Yogesh Singh, Ye Feng, and Catherine Taylor, Boston College graduate students in Finance and Economics, respectively, and Michael Hough, an undergraduate in the School of Management, provided very helpful research assistance. Alicia H. Munnell i ii Foreword Retirement income security is often described as a three-tiered system with Social Security, pensions and individual savings making up the tiers. Some American workers, however, are employed in jobs that are not covered by Social Security. The majority of these non-covered individuals is employed by state and local governments that provide their own pensions financed by a combination of employee and government contributions plus earnings on pension assets. As the discussion of Social Security’s long-term solvency becomes more prominent, so does the debate about the coverage of state and local workers. Inclusion of all government workers in Social Security is not a new idea. Amendments to the Social Security Act in 1979 required a study of the implications of mandating coverage for all public employees. In 1983, Congress extended mandatory coverage to new federal employees and in 1990 coverage was extended to state and local workers who had no other pension plans. Unable to agree upon a single plan that would eliminate Social Security’s long-term deficit, the 1994-1996 Advisory Council on Social Security members did agree on several points, one of which was universal coverage. The Council stated “To the extent feasible, everyone who works for pay should be covered by the Social Security program. Every occupational group contains substantial numbers of people who at one time or another will need the protection of the program.” The Council also observed, “Moreover, all Americans have an obligation to participate, since an effective Social Security program helps to reduce public costs for relief and assistance, which, in turn, means lower general taxes.” Uncovered workers and their state and local government employers are not so sure. They have strong objections to mandatory coverage – even if it is restricted to newly hired workers. Public employers assert that mandatory coverage will impose financial burdens on states and localities for which there will be little or no return. Government workers are concerned that changes in the structure of their pension systems could result in a move from secure defined benefit pension plans to more risky defined contribution plans. They fear that plans designed for specific categories of workers, such as fire fighters and police could be lost. And, they voice concerns about the possibility that government pensions could be cut back and even eliminated altogether, leaving Social Security to act not as the base retirement plan, but as the only plan. Additionally, employers and administrators argue that mandatory coverage would lower public pension benefits and thus create morale, labor relations and recruitment problems. In this paper Alicia Munnell describes and analyzes the major arguments for and against mandating Social Security coverage for newly hired state and local employees. She notes that while the arguments against coverage have most recently centered on financing and cost issues, the arguments supporting mandatory coverage are the “more complex and subtle issues of equity.” It is observed that while mandatory coverage may make benefits more equitable and improve benefits coverage for workers, it will likely raise costs by 5 to 6 percent of payroll. Part of the increase reflects improved real benefits, the costs of which, will probably be borne by the worker; part reflects the tax to cover Social Security’s unfunded liability, the cost of which, will be borne by the taxpayer. Specifically, the study acknowledges that about half the cost associated iii with mandatory coverage will probably be borne by the taxpayers of the non-participating states and localities. The cost increase associated with new benefits such as portability, disability and dependent and survivor protection, and full cost-of-living adjustments will most likely be borne by the employees. In addition, states and localities are likely to explicitly adjust their existing pensions to reflect Social Security’s benefits and costs. The most compelling arguments for mandatory coverage, according to the authors, have little to do with the long-run deficit for the Social Security system. Rather, they conclude that the case for mandatory coverage rests largely on issues of equity as well as the adequacy of state and local benefits. Specifically, the equity issues are whether excluded state and local government employees and employers are paying their share of the nation’s effort, through the Social Security program, to redistribute income from workers with higher lifetime earnings to workers with lower lifetime earnings as well as paying their share of financing the unfunded liability associated with the startup of the Social Security program. The benefit adequacy issues relate to ensuring that all state and local workers have a full range of protections not currently provided under public plans. The study arrives at its conclusions with caution. It suggests paying close attention to the lessons learned from the extension of Medicare coverage for employees hired after March 1986. It also suggests that the legal issues involved in mandatory coverage, while beyond the scope of the study, remain important. In concluding, the authors suggest that transition relief is important and any changes should be made prudently to ensure economic efficiency and fairness. Laurel Beedon and Jules Lichtenstein Senior Policy Advisors AARP Public Policy Institute iv Executive Summary Introduction The Social Security Act of 1935 excluded state and local workers from mandatory coverage due to constitutional concerns about whether the federal government could impose taxes on state governments. As Congress expanded coverage to new groups of private sector workers, it also passed legislation in the 1950s that allowed states to elect voluntary coverage for their employees. The question of mandatory – as opposed to voluntary – coverage for state and local workers surfaced in the 1960s and 1970s. Today, about 30 percent of the state and local workforce – roughly 4 million workers – still are not covered by Social Security. The 1994-96 Advisory Council on Social Security and many other groups have proposed extending Social Security coverage to all state and local workers. Uncovered workers and their employers, however, strongly oppose being forced to participate in Social Security. Purpose This study explores the major arguments for and against mandating Social Security coverage for state and local employees. Methodology The approach of this study is a reasoned analysis of published sources, and an integration of recent studies of Social Security’s unfunded liability into the standard arguments for and against mandating coverage for state and local workers. Principal Findings Although the rationale for mandating Social Security coverage has recently focused on the financial considerations, the strongest arguments for mandatory coverage are complex and somewhat subtle issues of equity. Excluded state and local government employees or taxpayers in their jurisdictions are not paying their share of income redistribution. Excluded state and local workers and their employers also are not paying their share of financing the unfunded liability associated with the startup of the Social Security program. The parents and grandparents of these state/local workers – like those of covered workers – have received Social Security benefits far in excess of their contributions to the system. This has created a debt that covered employees finance with part of their payroll tax payment. By not participating in the system, state and local government employees and their employers escape this “tax,” which is estimated to equal roughly 3 percent of the 12.4 percent payroll tax. Another argument for mandatory Social Security coverage is that it would bring excluded workers three types of benefit protection that they do not have currently. They would enjoy full portability of benefits as they move from job to job, even if they leave government employment. Second, they would have full inflation protection for their retirement and disability benefits. v Third, they would be eligible for dependent and survivor benefits not offered by public plans. In addition to these benefits, state and local workers would not face gaps in insurance – particularly for disability. Mandating coverage for all state and local employees will help Social Security. In the short run, the impact will be modest because most proposals involve covering only new employees hired after a specified date. Over the 75-year projection period, however, coverage would improve the financial outlook for two reasons. First, the currently excluded state and local workers would be relatively low-cost participants in the Social Security system. Second, part of the payroll tax contribution from these uncovered workers would go to pay off Social Security’s unfunded liability, as discussed below. The strongest argument against mandatory coverage of state and local workers is that even if plan sponsors cut back on their own pensions in an attempt to maintain a constant level of benefits they will face an increase in costs. Some of the cost increase will reflect new protections for state and local government employees as discussed above; some will reflect a roughly 3percent “tax” component of Social Security to cover the unfunded liability that arose from paying benefits to older generations; some will reflect state and local workers’ contribution to income redistribution. The extent of the cost increase depends on how states and localities adjust their own plans in response to Social Security coverage. About half of the cost increase associated with mandatory coverage will probably be borne by the taxpayers of the affected states and localities, because current compensation, even in jurisdictions without Social Security, already reflects the “tax” to cover Social Security’s unfunded liability and government employers are unlikely to be able to shift much of this cost onto their employees. The cost increase associated with new benefit protections most likely will be borne by the employees. Conclusion The legal issues involved in mandatory Social Security coverage for state and local employees are beyond the scope of this study, but they remain important. The GAO (1998b) concluded that “mandatory coverage is likely to be upheld under the current U.S. Supreme Court decisions.” "Further, in a recent case, Reno v. Condon, No. 98-1468 (U.S.S.Ct., January 12, 2000), the Supreme Court has signaled that, while it is respectful of state sovereignty, it will rule cautiously when reviewing federal-state relationships. Thus, how the Court will rule regarding mandatory Social Security coverage appears uncertain today." While mandatory Social Security coverage may be equitable and improve benefits, it will raise costs by 5 to 6 percent of payroll. Part of the increase would reflect improved real benefits, the cost of which would be borne by the workers; part would reflect a tax to cover Social Security’s unfunded liability, the cost of which would probably be borne by the taxpayer. Since mandating coverage does change the rules for a significant number of taxpayers, it might be worth considering some transition relief to state and local governments as they bring their vi employees into Social Security. It is also important to pay attention to the lessons learned from the extension of Medicare coverage for employees hired after March 1986. For example, one sensitive area is the definition of a new employee. States object to classifying a teacher who moves from one town to another but remains within the teachers retirement system, as a new employee. Every effort should be made to use reasonable definitions to ensure both economic efficiency and fairness. Flexibility and good will are required on all sides to solve this problem. vii viii TABLE OF CONTENTS Acknowledgments… ….…………………………………………………………………………..i Foreword…………….………………………………………………………………………..….iii Executive Summary…………………………………………………………………………..…..v Table of Tables………….……………...………………………………………………………....x Table of Figures…….………………………………………………………………………….…xi Introduction…………………………………………………………………………………….…1 An Overview of State and Local Pension Plans……………………………………………….….4 Social Security and State and Local Plans…….………………………………………………....10 The Case for Mandatory Coverage of State and Local Workers……………………………..….15 The Costs of Mandating Coverage for All State and Local Employees…………………………19 Conclusion……………………………………………………………………………………….25 References………………………………………………………………………………………..27 Tables……………………………………………………………………………………………34 Figures………….………………………………………………………………………………..47 Appendix A………………………………………………..……………………………………A-1 Appendix B………………………………………………………..……………………………B-1 Appendix C……………………………………………………………………..………………C-1 ix TABLE OF TABLES Table 1. State and Local Pension Systems, 1996-1997…………..……………………………..34 Table 2. State and Local Government Employees Not Covered by Social Security, 1996..……35 Table 3. Prevalence of State and Local Government Employees Not Covered by Social Security, 1996……………………………………………………………………………………36 Table 4. State and Local Government Employee Coverage by Type of Retirement Plan….…...37 Table 5. Percentage Distribution of State and Local Pension Plans by Type of Cost-of-Living Adjustments (COLA) and Size of Plan, 1996……..………...…………………………38 Table 6. Cost-of-Living Protection in Major State Plans with Employees Not Covered by Social Security………………………..……………………………………………….39 Table 7. Funding Status of State and Local Pension Plans, 1996……….………………………40 Table 8. Funding Status of Major Plans Without Social Security Coverage, 1998…….……….41 Table 9. Comparison of Pension Benefits for a Four-Job Worker and a One-Job Worker…..…42 Table 10. Normal Cost for State and Local Plans Before and After Mandatory Social Security Coverage from Actuarial Education and Research Fund Study, 1980…….…..………43 Table 11. Normal Cost for State and Local Plans Before and After Mandatory Social Security Coverage from the Urban Institute Study, 1980…….…………………………………44 Table 12. Ratio of Required State/Local Benefits to Maintain Benefit Levels with Inflation Relative to the Amount Required with Zero Inflation..………….……………………45 Table 13. Five-Year Mandatory Social Security Coverage as a Percent of State Expenditures For Selected States and for the Nation, 2000-2004………...…………………………46 x TABLE OF FIGURES Figure 1. Date of Retirement Plan Establishment or Major Restructuring for Large State and Local Systems…………………………………………………………………………47 Figure 2. Average Benefit Percentage per Year of Service for State and Local Plans by Type of Covered Employee, 1996……………………..……………………………………….48 Figure 3. Employee and Government Contributions as a Percent of Payroll by Type of Covered Employees…………….……………………………………………………………….49 Figure 4. Ratio of Assets to Benefit Payments for Total State and Local Pension Plans…….....50 xi Introduction The Social Security Act of 1935 excluded state and local workers from mandatory coverage due to constitutional concerns about whether the federal government could impose taxes on state governments.1 As Congress expanded coverage to new groups of private sector workers, it also passed legislation in the 1950s that allowed states to elect voluntary coverage for their employees. The same legislation permitted states to withdraw from Social Security after a specified period, but Congress eliminated this option in 1983. The question of mandatory – as opposed to voluntary – coverage for state and local workers surfaced in the 1960s and 1970s. In response to increasing interest in such a change, the 1977 Amendments to the Social Security Act required a study of the desirability and feasibility of covering all public employees. In the wake of that study, Congress extended mandatory coverage to new federal employees in the 1983 Social Security Amendments and, in 1990, to state and local workers who had no other pension plan. About 30 percent of the state and local workforce – roughly 4 million workers – remain without Social Security coverage. The bulk of uncovered workers (75 percent) reside in seven states: California, Colorado, Illinois, Louisiana, Massachusetts, Ohio, and Texas. In Colorado, Louisiana, Massachusetts, and Ohio virtually no government workers are covered by Social Security in their government employment. In California, Illinois, and Texas, uncovered state and local workers constitute 49 percent, 62 percent, and 55 percent of the total, respectively. The 1994-96 Advisory Council on Social Security and many other groups have proposed extending Social Security coverage to all state and local workers. Uncovered workers and their employers, however, strongly oppose mandatory participation in Social Security. They say that such requirements would impose a financial burden on states and localities, for which public employees would receive little (Segal Company, 1999). Additionally, at the 1998 White House Conference on Social Security, representatives of uncovered state and local workers and their employers raised other concerns (White House Conference on Social Security). A spokesperson for the American Federation of State, County, and Municipal Employees (AFSCME) suggested that restructuring pension systems to integrate Social Security would create an opportunity for pension plan sponsors to change defined benefit plans to defined contribution plans. The International Association of Fire Fighters worried particularly that mandatory coverage could endanger pension plans that had been tailored to the unique needs of its members. James E. Burton, CEO of California’s Public Employees Retirement System (CalPERS), argued that requiring new hires to participate in Social Security and thus providing them with lower public pension benefits would create morale, labor relations, and recruitment problems. 1 In hearings on S. 1130 before the Senate Committee on Finance January 22 to February 20, 1935, Ed Witte, the Executive Director of the Committee for Economic Security, said "In the contributory annuity plan, we exclude all public employees, for the reason that not only do they very often have their own systems, but also that the federal government cannot impose a tax on state governments." Witte’s comment about public employees having their own system applied primarily to federal employees since coverage for state and local employees did not become widespread until the 1930s and 1940s. 1 This study explores the major arguments for and against mandating Social Security coverage for state and local employees. Section II provides an overview of the types of retirement, disability, and survivor protection that state and local workers enjoy today. These descriptions draw heavily on detailed information about a sample of large state plans that Social Security does not cover (see Appendix A).2 Section III explores the history of the relationship between Social Security and state and local workers, and looks at the impact of mandatory coverage on Social Security. Section IV presents the case for mandatory coverage, focusing on the equity issues and the increased protections that Social Security would provide to workers. Section V examines the costs of extending mandatory coverage and considers who would bear the burden of these costs. The following conclusions emerge from this study: • State and local plans collectively provide substantial retirement income, and they are in much better financial health than they were 20, or even 10, years ago. Those plans not covered by Social Security generally provide somewhat greater benefit accrual rates per year of coverage and somewhat more inflation protection than the group as a whole. Nevertheless, state and local employees without Social Security coverage lack the benefit protection for dependents and survivors found in Social Security. Moreover, COLAs provided by public pension plans are frequently capped at 3 percent, which means that inflation can erode the purchasing power of benefits. In addition, state and local employees without Social Security who leave public employment for other jobs either forfeit accrued benefits if they are not vested, or face the erosion in the value of benefits between termination and retirement that is characteristic of defined benefit plans. Finally, mobile workers may experience gaps in insurance protection, particularly in case of disability. • Mandating coverage for all state and local employees would help Social Security. In the short run, the impact would be modest because most proposals involve covering only new employees hired after a specified date. Over the 75-year projection period, however, coverage would improve the financial outlook for two reasons. First, the currently excluded state and local workers would be relatively low-cost participants in the Social Security system, since state and local employees tend to earn a higher than average wage. Moreover, a large number of the state and local employees without coverage are teachers, who are predominately women. Women are less likely to have spouses who receive dependents’ and survivors’ benefits based on their earnings record. Second, part of the payroll tax contribution from these uncovered workers would go to pay off Social Security’s unfunded liability, as discussed below. • Although the rationale for mandating Social Security coverage has recently focused on the financial considerations, the strongest arguments for mandatory coverage are complex and somewhat subtle issues of equity. 2 The state and local documents used to gather specific information about the plans, such as handbooks and summary plan descriptions, are listed in the Reference section. 2 ◊ Excluded state and local government employees or taxpayers in their jurisdictions do not pay their share of income redistribution. Social Security redistributes income toward workers with low lifetime earnings. As generally higher paid workers, state and local employees as a group would be net contributors to this redistribution. State and local workers, like their private and public sector counterparts, benefit from the reduced need for taxes to assist older workers, and from living in a society with fewer poor elderly. Proponents of mandatory coverage believe that uncovered state and local workers should bear a greater share of this societal burden. ◊ Excluded state and local workers and their employers do not pay their share of financing the unfunded liability associated with the startup of the Social Security program. The parents and grandparents of these state and local workers – like those of covered workers – have received Social Security benefits far in excess of their contributions to the system. This has created a debt that covered employees finance with part of their payroll tax payment. By not participating in the system, state and local government employees and their employers escape this “tax,” which is estimated to equal roughly 3 percent of the 12.4 percent payroll tax. • Another argument for mandatory Social Security coverage is that it would bring excluded workers three types of protection that they do not have currently. They would enjoy full portability of benefits as they move from job to job, even if they were to leave government employment. Second, they would have full inflation protection for their retirement and disability benefits. Third, they would be eligible for dependent and survivor benefits not offered by many public plans. In addition to these benefits, state and local workers would not face gaps in insurance, particularly for disability. • The strongest argument against mandatory coverage of state and local workers is that, even if plan sponsors cut back on their own pensions in an attempt to maintain a constant level of benefits, they would face an increase in costs. These costs would likely amount to between 5 and 6 percent of payroll. Some of the cost increase would reflect new protections for state and local government employees, as discussed above; some would reflect a roughly 3 percent “tax” component of Social Security to cover the unfunded liability that arose from paying benefits to older generations; some would reflect state and local workers’ contribution to income redistribution. ◊ The extent of the cost increase would depend on how states and localities adjusted their own plans in response to Social Security coverage. Most studies assume that they would try to maintain constant benefits, and measure constant benefits in terms of equalizing first-year retirement benefits for the average unmarried worker. This approach exaggerates the cost increase. A more accurate calculation would equalize lifetime, not first-year, benefits, which would reveal the impact of Social Security’s full inflation protection over the duration of retirement. Even if done perfectly, however, costs would increase. 3 ◊ • Taxpayers of the affected states and localities would probably bear roughly half of a cost increase associated with mandatory coverage. Current compensation, even in jurisdictions without Social Security, already reflects the “tax” to cover Social Security’s unfunded liability, and government employers are unlikely to be able to shift this cost onto their employees. The cost increase associated with new benefit protections most likely would be borne by the employees. Although costs would increase gradually (four years to revise pension provisions after which provisions apply only to new employees), mandating coverage would change the rules of the game for employees and taxpayers of the affected jurisdictions. Some of the plans in jurisdictions currently without Social Security are not fully funded. Consequently, some taxpayers would find themselves contributing to cover both Social Security’s unfunded liability as well as the unfunded liability of their state or local pension. Hence, it might be worth considering some transition relief for the affected governments. In addition, it is also important to remember the lessons learned from the extension of Medicare coverage for employees hired after March 1986. An Overview of State and Local Pension Plans State and local pension plans are a major component of the nation’s retirement system. They cover roughly 12.8 million active employees, pay benefits to more than 5 million beneficiaries and had assets of $1.5 trillion, as of the last Census of Governments for 1996-97 (see Table 1). Today, because of the run-up in the stock market, the Federal Reserve, which uses a slightly different definition of assets, shows state and local plan holdings of $3.0 trillion, an amount equal to 65 percent of the $4.6 trillion held in private plans (Board of Governors of the Federal Reserve System).3 The first state or local plan dates from 1857, when New York City provided lump-sum benefits to policemen injured in the line of duty (Bleakney). Many municipalities created plans during the last half of the nineteenth century, including a number of systems for teachers. In 1911, Massachusetts developed the first state system to cover its general government employees, but the major expansion of coverage came in the wake of the 1935 Social Security legislation. During the 1930s and 1940s, nearly half of the large state and local plans were established or significantly restructured (see Figure 1). By the early 1960s, most states and localities had established their pension systems, and those government employers who wanted to join Social Security had done so. 3 Called the Flow of Funds Accounts of the United States: Flows and Outstandings, this document reports total state and local plan assets of $1,464.6 billion at the end of calendar year 1995 and $1,789.6 billion at the end of calendar year 1996. Interpolating between the two figures would put assets at $1.6 trillion in mid-1996 compared with the $1.4 trillion figure reported in the Census of Governments. Most of the increase between 1996 and the present, therefore, is attributable to the fact that state and local plans held nearly 60 percent of their portfolio in stocks in 1996, and stocks have increased substantially in value. 4 State and local government employment roughly doubled between the early 1960s and the mid-1970s, resulting in enormous growth in the population covered by state and local pension plans. This growth, combined with interest in private plan reform that culminated in the 1974 passage of the Employee Retirement Income Security Act (ERISA), focused attention on public pensions. ERISA mandated a study to determine whether public plans needed further regulation. The 1978 Pension Task Force Report on Public Employee Retirement Systems (hereafter Pension Task Force Report; see U.S. Congress, House of Representatives, Committee on Education and Labor, 1978) did not result in the extension of federal regulation to governmental plans, but it did document the status of public systems. In addition to the 1978 Pension Task Force Report discussed above, we obtained information about state and local plans from four major sources. One is government reports, including the Bureau of Labor Statistics’ surveys of state and local pension plans (U.S. Department of Labor 1999, 1996) and the Bureau of the Census reports on employee retirement systems (U.S. Department of Commerce 1997, 1995, 1978). Another is the so-called PENDAT files created from the Surveys of State and Local Employee Retirement Systems for Members of the Public Pension Coordinating Council (hereafter PENDAT; see Zorn, 1997,1995, 1993, 1991). The most recent survey includes coverage information for 1996.4 Third, very recent data on pension assets are available from the Flow of Funds Accounts produced quarterly by the Federal Reserve Board of Governors. Finally, drawing from financial reports, actuarial valuations, plan handbooks, and direct contact, we collected data on the 14 largest state plans that do not participate in Social Security. Detailed information about these plans, which cover 2.6 million workers, appears in Appendix A. State and Local Workers Not Covered by Social Security The most elementary questions of how many workers are not covered by Social Security and where they reside are difficult to answer. Several estimates are available, but in many cases they provide very different pictures of the employment and coverage status. Both the Census of Governments and the Social Security Administration (SSA) produced estimates for 1992 of total state and local government employment and of those not covered by Social Security; more recent government estimates are unavailable. These estimates are not only dated, but also inconsistent. For example, for New York, the Census shows 592,855 without coverage, while SSA reports 120,000. Unfortunately, it is not possible to explain the relative magnitudes of these numbers by differences in definitions. One would expect SSA, which counts people who had a job at any time during the year, to produce a higher number than Census, which counts people during the last month of the fiscal year. Two sources provide estimates for 1996. The PENDAT survey, described above, shows total employment and the number not covered by Social Security for the plans included in the survey. The problem is that the survey does not include all major plans. For example, PENDAT 4 In 1997, 261 public retirement systems responded to the survey, representing 379 retirement plans. These plans covered 81 percent of the 13.6 million active members reported by the Bureau of the Census and held 81 percent of the $1.6 trillion in assets reported by the Federal Reserve. 5 does not include Massachusetts Public Employee or Teachers Retirement Systems, and Massachusetts is the fifth largest state in terms of the number of uncovered workers. The second source of 1996 estimates is a recent study by the Segal Company for the AFSCME, AFL-CIO, and the Coalition to Preserve Retirement Security; the Segal study includes estimates of the number not covered but not of total employment (Segal, 1999). The Segal numbers are reportedly based on SSA estimates for 1992, augmented by data in state reports. In any event, the information from the 1996 sources is inconsistent in many cases with that from 1992. For example, for New York, PENDAT shows no workers without Social Security coverage, and Segal reports 90,680, compared with 1992 estimates from Census and SSA of 592,855 and 120,000, respectively. In cases like New York, we called administrators of the state plans in an attempt to reconcile the various numbers. Our conclusion for New York was that virtually all state and local employees are covered, so we report the PENDAT number. Appendix B provides extensive detail about the various estimates and the decision rules we used to produce Table 2. While it would be preferable to have a clear explanation for the differences in the various estimates, the published reports do not provide enough information for such an assessment. Table 2 shows that in 1996, roughly 30 percent of state and local workers – almost 4 million out of 12.8 million workers – were not covered by Social Security. Although almost every state has some workers without coverage, 75 percent of state and local government employees not covered by Social Security are concentrated in seven states. Listed in order of number of employees not covered, these states are: Ohio, California, Texas, Illinois, Massachusetts, Louisiana, and Colorado (see Table 3). Employees in teacher systems constitute a disproportionate share of those employees not covered by Social Security. For example, in California and Texas, the system for general public employees provides coverage, while the teachers’ retirement system does not. Characteristics of State and Local Retirement Systems State and local retirement systems are not homogeneous because they cover several very different groups of workers – general government employees, teachers, and public safety personnel – each of which have very different career paths. For example, police and firefighters, with physically demanding jobs, have plans that allow retirement at earlier ages and offer more extensive disability protection. Most workers in state and local plans (57 percent) are covered under the major state retirement systems; teachers and school employee systems cover another 30 percent; local systems, while numerous, cover only 10 percent; and systems for police and firefighters cover the remaining 3 percent (see Table 4). While most private pension plans provide for vesting after 5 years, vesting for public plans is bimodal (State of Wisconsin Retirement Research Committee, 1996 and U.S. Department of Labor, 1996). That is, roughly 45 percent of plans have 5-year vesting and another 45 percent vest after 10 years. Vesting requirements for police and fire vary widely, from a low of 3 years to a high of 20 years. Employees who leave with less than the required 6 service generally receive their contributions with some interest, but forfeit rights to earned pension credits. Most state and local pensions (92 percent) are defined benefit plans, 4 percent are defined contribution, and 4 percent are a combination of the two (Zorn, 1997).5 Under the typical defined benefit plan, the employee’s retirement benefit is calculated as a percentage of final average salary for each year of service. For example, an employee who works for 30 years at a benefit rate of 2 percent would earn benefits equal to 60 percent of final average pay upon retirement. Figure 2 shows the average annual benefit percentage that workers accrue per year of service in the 1997 PENDAT survey by type of employee and by Social Security coverage. The fact that plans covered by Social Security have a somewhat lower benefit accrual rate indicates that even though most public plans do not explicitly integrate their plans with Social Security, they do implicitly design their benefit formulas to take account of Social Security benefits.6 For example, teacher plans covered by Social Security have an accrual rate of 1.77 percent per year compared with 2.09 percent for plans not covered by Social Security. The difference in accrual rates covers only a portion of the lack of Social Security, however. When calculating benefits, respondents to the survey generally defined final average pay as the salary earned during the highest or last 3 to 5 years. In general public employee and teacher plans, employees can retire at age 60 or 65 with 5 or 10 years of service. Early retirement with reduced benefits is generally available at age 50 or 55 with 5 or 10 years of service, or at any age with 25 years. Plans for police and firefighters are also defined benefit plans, and they tend to have higher annual benefit accrual rates than those for other systems. This probably reflects the fact that only 20 percent of police and fire plans are covered by Social Security, compared with 75 percent of plans for general employees and 59 percent for teachers (Zorn, 1997).7 Some police and firefighter plans require 20 years of service for vesting purposes, and these plans often provide a flat percentage of annual pay at retirement (usually 50 percent). Police and firefighters can generally retire at age 50 or 55 with 20 years of service or sometimes at any age with 20 years. In addition to retirement, most plans provide disability benefits in case of permanent and total service-related disability. Because disability benefits are based on age and salary, benefits can be quite low if disability occurs early in a worker’s career, although many states establish a 5 This information is found on p. 31 of Paul Zorn’s research. to the 1997 PENDAT survey, only 10 percent of plans with Social Security coverage explicitly integrate their benefits with Social Security (Zorn, 1997, pp. 33-34). Approximately half of the plans that do integrate use the “offset” approach, and the other half use the “step-rate” approach. Under the offset approach, the plan sponsor reduces recipients’ benefits by a fixed percentage (for example 50 percent) of their primary Social Security benefit. Under the step-rate approach, the plan sponsor applies a higher benefit accrual rate above the integration level (usually set at or below the maximum taxable wage base) than below it 7 This information is found in Table IV-7, p. 114 of Zorn’s 1997 survey report. 6 According 7 floor of 25 to 33 percent of salary. Most of the 14 plans that we examined require at least 5 years of service, and some require 10, before the worker is eligible for disability benefits (see Appendix A). Plans for police and firefighters tend to be more generous; most pay 50 percent and some pay 75 percent for service-related disability. State and local systems offer only limited survivor benefits. Prior to retirement, the benefit is either a refund of employees’ contributions or a lump sum, whichever is greater. After retirement, survivor benefits are available if the employee selects a joint-and-survivor option for his annuity. These annuities offer reduced benefits while the worker is alive in exchange for providing benefits to the widow or widower after the worker’s death. Systems without Social Security coverage do not appear to provide any more extensive survivor protection than those systems with coverage. In order to mitigate the effect of inflation on retirement income, many public plans provide retirees with some post-retirement cost-of-living adjustments (COLAs). About a third of plans provide automatic increases linked to the Consumer Price Index (CPI), although these increases are generally capped at 3 percent. A somewhat smaller percentage provides automatic adjustments at a fixed rate specified by the plan, and others provide ad hoc adjustments. Among small plans, 31 percent provide no COLA, but this figure drops to 11 percent for medium-sized plans and to only 5 percent for large plans (see Table 5). The sample of uncovered plans we examined appears to have more generous cost-of-living provisions than average; most provide an automatic COLA linked to the CPI and a cap of 3 percent (see Table 6). Public pension benefits are taxable under the federal personal income tax, to the extent that they exceed employee after-tax contributions. The taxability of public benefits at the state level was dramatically affected by the 1989 U.S. Supreme Court decision in Davis v. Michigan.8 This decision noted that federal law requires federal and military retirees be treated at least as favorably as state and local retirees under state law. Facing a substantial loss of revenues, states became less willing to exempt state and local pensions from taxation. One survey showed that, whereas 45 of 85 plans in 1986 were totally exempt from state income taxes, this number had dropped to 21 plans by 1996 (State of Wisconsin Retirement Research Committee, 1996). State and local pensions are financed by a combination of employee and government contributions plus earnings on pension assets. This differs markedly from the private sector, where employees rarely contribute to defined benefit plans.9 Roughly 9 percent of annual receipts come from employees, 20 percent from government employers, and the bulk (71 percent) from investment earnings (see Table 1). As a percentage of payroll, contributions vary by type of 8 Davis v. Michigan Department of the Treasury, 489 U.S. 803 (1989). relatively recently, employees made their contributions to state and local plans from after tax dollars, so they did not enjoy the benefits of deferral generally associated with contributions to employer-sponsored pensions. A noticeable trend in the last fifteen years, however, has been the adoption of Internal Revenue Code 414(h) provisions. Under these provisions, employers may “pick up” employees’ contributions, presumably in lieu of a salary increase, or employees can continue to make contributions, but on a tax-sheltered basis (State of Wisconsin Retirement Research Committee,1996). 9 Until 8 employee covered (see Figure 3). According to PENDAT, for general government, employee contributions were 4.6 percent of payroll and government contributions were 11.1 percent; the comparable numbers for police and fire were 7.2 and 16.4 percent, respectively. In summary, state and local plans provide relatively generous pensions, although workers bear a substantial portion of the cost. Plans not covered by Social Security appear to have higher benefit accrual rates and more generous cost-of-living provisions than the group as a whole, although none provide the full inflation protection offered by Social Security. State and local plans also provide little in the way of dependent and survivor benefits, except the option of jointlife annuities. Disability protection is available, but only after 5 or 10 years of service, and benefits are not fully indexed for inflation. The Funding Status of State and Local Pension Plans While the characteristics of public pension plans are important for determining what benefit protections uncovered state and local workers currently lack, the funding status of public plans has implications for the financial impact of mandating coverage. If public plans were financed on a pay-as-you-go basis, plan sponsors – even if they reduced public plan benefits to reflect Social Security coverage – could not expect to see any reduction in costs until the newly covered workers started to retire. Only then would employers reap the benefit of having already paid for the Social Security component of the combined retirement pension. The story is different if public plans are advance funded. If employers reduced benefits under the state or local plan, the new lower accrual rate would reduce employers’ public plan costs immediately, because contributions to an advanced funded system are designed to cover benefits as they are earned. Thus, the extent to which state and local plans are advance funded is crucial to assessing the financial burden of mandatory coverage during the transition phase. The funding of state and local pension plans has improved substantially over the last two decades. One development in the late 1970s and early 1980s was a move to expand investment options by substituting a general standard of prudence for the more restrictive “legal lists,” which favored fixed investments, such as bonds, and often prohibited investments in stocks altogether. The movement to a prudence standard allowed public plans to increase their holdings of equities. The expansion of investment options was accompanied by renewed interest in prefunding accruing liabilities.10 The combined effect of improved funding and expanded investment options positioned public plans to take advantage of the remarkable stock market returns over the last 20 years. The result has been a startling growth in the assets of public plans and a significant improvement in the health of public plans. 10 For example, in Massachusetts, the last state to defend unfunded or pay-as-you-go financing, the Massachusetts Retirement Law Commission recommended in 1976 to fund all the state’s pension plans on an actuarial basis, reversing the policy set in 1945 “to place all contributory retirement systems ... on a non-reserve basis.” The Massachusetts legislature passed the first bill allowing systems to put aside reserves in 1978 and adopted a formal funding schedule, moving ad hoc reserves into the structure of the retirement system, in 1987. 9 The improvement is especially striking when compared with the dire situation reported in the 1978 Pension Task ForceReport. At that time, 23 percent of state plans and 16 percent of local plans were financed on a pay-as-you-go basis. Only 45 percent of state plans and 26 percent of local plans were funded on an actuarial basis, whereby contributions covered normal costs and amortized the accrued unfunded liability over 40 years or less.11 In fact, only 70 percent of state plans and 45 percent of local plans even produced an actuarial report at least every three years. Among plans that did have recent actuarial valuations, the mean and median ratio of assets to liabilities were both 51 percent, and this was an optimistic figure, since many systems assumed no salary growth when projecting their liabilities. Today, almost all public plans have regular valuations, and funding ratios have improved substantially. For example, plans in the 1997 PENDAT data set that provided information on both liability and assets had an actuarial accrued liability of $1,248.5 billion and assets of $1,107.0 billion, yielding an aggregate funding ratio of 88.7 percent (see Table 7). In other words, state and local plans had enough assets on hand to pay off 88.7 percent of their benefit promises. The 88.7 percent figure in the 1997 survey reflects an upward trend in funding from 82.0 percent in the 1993 survey and 84.9 percent in the 1995 survey.12 Our survey of the 14 major plans not covered by Social Security shows slightly better funding ratios: 91 percent for the group as whole (see Table 8). Given that state and local plan assets increased by 67 percent between the end of 1996 and the second quarter of 1999, considerably faster than liabilities, total plan assets now may well exceed liabilities.13 Another measure of the improvement in the funding status of public plans, when comparable data are not available for early years, is the ratio of assets to benefit payments. As shown in Figure 4, this ratio has a clear upward trend. In 1978, assets were 14.9 times annual benefits, which – with benefits increasing at about 15 percent per year -- implied enough money to cover 8 or 9 years. By 1997, the ratio had increased to 21.3, which – with benefits growing at 10 percent – was enough to cover between 11 and 12 years of benefit payments. Our estimate for 1999 shows an asset-to-benefit ratio of 27.2, which would be enough to cover benefit payments for 13 to 14 years. Thus, regardless of the measure used, the funding status of state and local pensions has improved enormously. Social Security and State and Local Plans This section shifts the focus from state and local plans to Social Security. It provides a brief history of the relationship between Social Security and state and local plans, and then explores the impact of mandatory coverage on Social Security. 11 This information is found in Table G. I., p. 151 of the Pension Task Force Report. Limiting the comparison to matched cases, the funding ratio went from 83.9 percent in the 1995 survey to 87.4 percent in the 1997 survey (Zorn 1997, Table I-5, p. 90). 13 The Flow of Funds account data show state and local pension assets totaling $1,789.6 billion for year-end 1996 and $2,994.5 billion for the second quarter of 1999, a 67.3 percent increase. 12 10 A Brief History When Congress enacted Social Security in 1935, it excluded many categories of workers from the program, among them public employees. It omitted federal employees because most of them were already protected under the federal Civil Service Retirement System. Although most state and local employees were not similarly situated, Congress excluded them because it was assumed that the U.S. Constitution prevented the federal government from taxing states and municipalities. However, as Congress expanded Social Security coverage to include virtually all private-sector employees, it also opened coverage to many public sector workers. Specifically, amendments to the Social Security Act in 1950, 1954, and 1956 allowed states, with the consent of employees in the pension plan, to elect Social Security coverage through agreements with the Social Security Administration (making their taxation voluntary). The amendments also allowed states to withdraw from the program after meeting certain conditions. Policymakers have addressed the question of mandatory, as opposed to voluntary, coverage of state and local workers on several occasions, but the major initiative came in response to the financial problems faced by the system in the early 1970s. The 1977 Social Security Amendments directed the Secretary of Health, Education, and Welfare (now Health and Human Services) to undertake a thorough study of the extent of Social Security coverage and of the desirability and feasibility of covering all government workers, including state and local government employees. Although the Universal Social Security Coverage Study Group (hereafter the “1980 Study Group”), which was established by the Secretary of Health, Education, and Welfare, did not draw conclusions about the desirability of the various options, Joseph Bartlett, the Chair of the Study Group, stated in the cover letter of the group’s report that, in his judgment, “state and local workers should be brought into Social Security”(U.S. Department of Health, Education, and Welfare, 1980).14 Although Congress has not extended mandatory coverage to state and local workers, it has taken steps to eliminate some of the inequities that can arise from so-called “double dipping.” The 1977 and the 1983 amendments both introduced windfall provisions so that spouses and surviving spouses who had worked in uncovered employment could not claim full Social Security spousal or survivor benefits (“Government Pension Offset”) or state and local workers who gained minimum coverage under Social Security through second jobs could not profit from the progressive benefit formula (“Windfall Elimination Provision”). These provisions will be discussed in more detail in the next section. The 1983 amendments also eliminated the option for states and localities that had voluntarily elected Social Security coverage to withdraw from the program. And, in 1990, Congress mandated coverage for state and local workers not covered by a pension plan with benefits comparable to those provided by Social Security. The following is a brief summary of the major legislative changes: 14 This letter is found on page XIII of the report. 11 1935: Social Security Act is passed prohibiting participation by states and localities. 1950: Social Security Act is amended to permit coverage on an optional basis for state and local employees not already covered by a public employee retirement system. Legislation also permits state and local government groups to withdraw from Social Security two years after submitting notice of intent.15 1954: Social Security becomes available to state and local employees already covered by a pension system when the majority of the group elects coverage and the state agrees. 1956: Congress creates a divided option. If all new employees are to be covered by Social Security, current workers can choose to be covered by Social Security and the public plan or only by the public plan. Legislation also allows five states to cover police and fire fighters, two groups that had been excluded from Social Security. 1977: Social Security Act Amendments introduce a “Government Pension Offset” to reduce benefits to spouses and surviving spouses who worked in employment not covered by Social Security. 1983: Social Security Act is amended to eliminate the ability of states and localities to withdraw from the system16 and to enact the “Windfall Elimination Provision” to prevent higher income earners from taking advantage of the benefit formula that was designed to provide higher replacement rates for lower income earners. 1985: Consolidated Omnibus Budget Reconciliation Act requires all state and local government new hires after March 1986 to participate in Medicare. 1990: Omnibus Budget Reconciliation Act requires coverage of all state and local government employees not covered by a state and local plan that provides benefits comparable to Social Security. The Impact of Mandatory Coverage on Social Security Social Security provides retirement, disability, and survivor protection to insured workers and their families. Insured workers are eligible for full retirement benefits at age 65 and reduced benefits at age 62. The 1983 Social Security Amendments gradually increased the age for full benefits from 65 to 67 over the period 1999-2022. Benefits are based on career earnings, indexed to reflect the growth in average wages over time. The benefit structure is progressive in the sense that it replaces a higher percentage of the pre-retirement earnings of a low-wage earner 15 State and local organizations were required to participate for at least five years before submitting a notice of intent to withdraw. Any withdrawal was permanent. 16 By 1979, 674 jurisdictions had terminated coverage for 112,000 employees. An additional 222 notices were pending, affecting an additional 98,100 employees. 12 than of a high earner. In 1999, the replacement rate for a single individual retiring at age 65 with a history of average earnings ($28,861 in 1998) was 43.0 percent, for the low earner (45 percent of the average national wage) 57.8 percent, and for the person earning at the taxable maximum ($68,400 in 1998) 25.4 percent (U.S. House of Representatives, Committee on Ways and Means, 1998). Benefits are adjusted fully for changes in the cost-of-living after age 62. Social Security provides additional benefits for spouses and for survivors, who are usually women. For a woman who spends her career taking care of her family, Social Security provides a retirement benefit equal to 50 percent of her spouse’s benefit when her husband is living. For a homemaker who becomes divorced after at least 10 years of marriage, Social Security provides a retirement benefit based on 50 percent of her former spouse’s benefits if he is still living. For an older woman whose husband (or former husband of at least ten years) dies, Social Security provides widow’s benefits equal to 100 percent of her husband’s benefits. If children are getting survivors’ benefits, younger widows also receive benefits based on their husbands’ earnings while they are caring for the children and not working in paid employment. Social Security pays disability benefits to workers whose disability is sufficient to prevent them from doing any substantial gainful work and is expected to last at least 12 months or end in death. The benefits are based on workers’ average indexed monthly earnings at the time of disability and are adjusted annually to reflect changes in the cost of living thereafter. In addition, benefits are available to the worker’s spouse and eligible children, subject to a family maximum. Workers are eligible for disability insurance (DI) benefits if they have earnings in covered employment for half the quarters since age 21.17 Workers are permanently and fully insured – that is, their insurance will not lapse if they leave covered employment – once they have accumulated 40 quarters of coverage. For a long time, Social Security benefits were not subject to the federal personal income tax. In 1983, however, Congress made them partially taxable and increased their taxation further in 1993. Under current law, up to 50 percent of Social Security benefits are taxable if recognized income falls within specified levels – $25,000 to $34,000 for single individuals and $32,000 to $44,000 for married couples. If income exceeds these levels, then 85 percent of benefits are taxable.18 At the state level, a 1992 survey showed that 26 states allowed a full exemption of Social Security benefits from the income tax; 14 states allowed a partial exemption; and 10 states had a very limited or no income tax (State of Wisconsin Retirement Research Committee, 1996). 17 Under current law, workers over age 31 are eligible for Social Security disability benefits if they have covered earnings in 20 of the 40 quarters immediately preceding disability. Younger workers can qualify if they had covered wages in one half the quarters they worked since age 21. A minimum of 6 quarters is required. Workers are fully insured when they have achieved one quarter of coverage for each year since 1950 or their 21st birthday, whichever comes later. Workers are permanently and fully insured once they have forty quarters of coverage. Workers are currently insured with at least 6 quarters of coverage during the last 13 quarters. Many state and local plans require at least 5 years of service before a worker becomes eligible for disability benefits, and some require a significantly longer period of employment. 18 The 85 percent figure is still short of the standard used for taxation of private and public pensions generally – namely, full taxation of benefits in excess of those attributable to employee after-tax contributions. 13 The program has been financed primarily on a pay-as-you-go basis. In calendar 1999, Social Security had revenues of $526.6 billion and expenditures of $392.9 billion. The bulk of Social Security’s revenues comes from the payroll tax, which is 12.4 percent of payrolls up to an established maximum. That maximum, which is adjusted each year to reflect the increase in average earnings in covered employment, was $68,400 in 1998, $72,600 in 1999, and $76,200 in 2000. The Social Security trust funds held reserves of $737.9 billion at the end of 1999, equal to 2.3 times annual outlays. Every year, the Social Security Trustees publish an actuarial report that includes three sets of projections based on alternative assumptions about future mortality, fertility, economic growth, and interest rates. The intermediate projection from the 2000 report shows that over the next 75 years, Social Security has a long-run deficit equal to 1.87 percent of covered payroll earnings.19 The Social Security actuaries estimate that extending coverage to all new state and local workers would reduce the 75-year deficit by about 10 percent (0.22 percent of taxable payrolls) and would extend the trust fund solvency by about 2 years (Advisory Council on Social Security, 1997).20 The favorable impact on long-run costs comes from two factors.21 The first is the nature of the workers not covered by Social Security, who tend in large part to be teachers. The average salary for teachers not covered by Social Security is higher than the average salary for the nation as a whole: $40,790 in the California Teachers Retirement System, $41,210 in the Teachers’ Retirement System of Ohio, and $42,393 in the Massachusetts Teachers Retirement System, compared with average national earnings of $28,861 in 1998 (see Appendix A). In addition, teachers tend to be disproportionately women. For example, in the major teachers plan, women account for 62 percent of the total in California, 73 percent in Kentucky, 83 percent in Louisiana, and 76 percent in Missouri. Most likely, their spouses have worked full time and therefore would be unlikely to receive the spouses’ and survivors’ benefits provided by Social Security. The combination of higher salaries and lower supplementary benefits would make teachers relatively inexpensive new participants for the Social Security system. The second way in which mandatory coverage affects the long-run financing of Social Security involves covering the costs associated with the startup of the pay-as-you-go system. When Social Security started, the president and Congress decided to pay benefits to the first generation of retirees whose lives had been disrupted by the Great Depression. The workers who had paid taxes only for a short period received benefits far in excess of their contributions. These 19 Between now and 2015 the Social Security system will bring in more tax revenues than it pays out. From 2015 to 2024, the system will have to draw on the interest on trust fund assets to cover benefit payments, and thereafter it will have to draw down trust fund assets until the funds are exhausted in 2037. If no tax or benefit changes were made, current payroll tax rates and benefit taxation would provide enough money to cover roughly 70 percent of benefits after 2037. 20 The data are found in Vol. 1, Table 1.1A, p.182. 21 In addition to the factors described below, extending coverage affects costs because the Social Security projections run for only 75 years. Thus, workers who pay taxes within the 75-year horizon but receive at least part of their benefits after the horizon help the actuarial calculation, even if they do not contribute to Social Security from a lifetime perspective. 14 net transfers continued for many years, and totaled roughly $9 trillion. While early generations enjoyed the benefits, later generations have to pay the bill. One way to describe the magnitude of this unfunded liability relative to taxable earnings is to consider the option that every generation gives up the same percentage of its earnings. Based on that assumption and the existing $9 trillion unfunded liability, Geanakoplos, Mitchell, and Zeldes (1998) estimate that roughly 3 percentage points of the current 12.4 percent payroll tax goes towards covering the startup costs. In other words, 25 percent of the Social Security tax goes to cover the implicit interest costs of the unfunded liability and improves the long-run financial outlook. As a result of additional workers to share the burden of the unfunded liability and the relatively low cost of the excluded workers, extending coverage to all new state and local workers would improve Social Security’s long-run financial situation. Some opponents of mandatory coverage have characterized this improvement as trivial: “…the resulting extensions of the Trust Funds’ solvency for two years (to calendar year 2036) would be nearly meaningless in terms of Social Security’s long-term projected deficit” (Segal, 1999). Perhaps a more meaningful way to view the financial implications of the coverage issue is to consider its impact today. With 30 percent of state and local workers not paying into Social Security, covered workers and their employers face a combined employer-employee payroll tax that is 0.22 percent higher than it needs to be (Advisory Council on Social Security, 1997). This means that the worker with average annual earnings of roughly $30,000 currently pays an estimated additional $66 in tax each year. All else equal, bringing in uncovered state and local workers would reduce the burden on covered workers. The Case for Mandatory Coverage of State and Local Workers The most compelling arguments for mandatory coverage, however, have little to do with the projected long-run deficit for the Social Security system. Rather the case rests on issues of equity and ensuring that all state and local workers have protections not currently provided under public plans. Equity Considerations All three factions of the 1994–1996 Advisory Council on Social Security recommended mandatory coverage for newly hired state and local employees. The Advisory Council report stated that: “…an effective Social Security program helps to reduce the public costs for relief and assistance, which, in turn, means lower general taxes. There is an element of unfairness in a situation where practically all contribute to Social Security, while a few benefit both directly and indirectly, but are excused from contributing to the program” (Advisory Council on Social Security 1997, Vol. I, p.19). The Council’s concern about equity reflects the fact that excluded state and local government employees and their employers are not paying their share of income redistribution, and they are not paying their share of financing the unfunded liability associated with the startup of the Social Security program. 15 The first equity issue is straightforward. Social Security redistributes income from workers with higher lifetime earnings towards workers with lower lifetime earnings. To the extent that higher paid people do not participate in this national program of redistribution, it has been argued that they place an extra burden on the rest of the population.22 Moreover, the excluded state and local workers benefit from this redistribution; they have to pay fewer taxes for means-tested programs for the elderly, and they live in a society with fewer poor elderly than would exist in the absence of Social Security. Advocates of universal coverage contend that it is only fair that state and local government workers and their employers, like their private and public sector counterparts, participate in this national endeavor. The second equity issue relates to paying for the unfunded liability associated with the startup of the program that was discussed above in connection with the impact of mandatory coverage on long-run Social Security costs. The early benefits during the 1940s, 1950s, and 1960s went to the parents, grandparents, and great grandparents of today’s uncovered state and local workers. Those who support mandatory coverage believe that state and local workers should pay their share of the inherited unfunded liability. The exclusion of some state and local workers from Social Security used to raise further equity problems, but these were largely addressed by the 1977 and 1983 amendments. State and local workers who are not covered by Social Security in their government work can easily gain coverage as a result of a second career or moonlighting. Since a worker’s monthly earnings for purposes of benefit calculation are averaged over a typical working lifetime rather than over the years actually spent in covered employment, a high-wage earner with a short period of time in covered employment cannot be distinguished from an individual who worked a lifetime in covered employment at an exceptionally low wage. Thus, a worker who was entitled to a state and local pension and to Social Security could qualify for the subsidized benefits associated with the progressive benefit formula. Similarly, a spouse who had a full career in uncovered employment – and worked in covered employment for only a short time or not at all – would be eligible for the spouse’s and survivor’s benefits. In 1977, Congress established the Government Pension Offset (GPO) and in 1983 introduced the Windfall Elimination Provision (WEP) to reduce the unfair advantage enjoyed by these “double dippers,” their spouses, or both.23 The provisions appear to have ameliorated the 22 Concerns about redistribution were much less pressing in 1935 when the decision was initially made to exclude state and local government workers. The 1935 Social Security Act actually set up a system that more closely resembled a defined contribution arrangement than does Social Security as we know it today. The initial legislation planned for the accumulation of a trust fund and stressed the principle of a fair return for each worker, which made it far less important that some workers were excluded from contributing. The 1939 amendments to the Social Security Act introduced more redistributional elements into the system. 23 Under the GPO, SSA reduces Social Security benefits to those beneficiaries whose entitlement is based on another person’s (usually their spouse’s) Social Security coverage. Social Security spouse and survivor benefits were intended to provide protection to spouses with no earnings of their own, not to those with a career in uncovered employment. The GPO reduces spouse or survivor Social Security benefits by two-thirds of the amount of a government pension. Under the WEP, SSA uses a modified formula to calculate the benefit that applicants will receive when they have had a limited career in covered employment. 16 problem. A brief survey of the literature produced no articles characterizing the offsets as inadequate. In fact, the only reports were that several members of Congress have introduced legislation to mitigate the offsets’ effect.24 On a purely administrative level, however, the General Accounting Office (GAO) suggests that the offsets have not worked perfectly. The GAO (1998a) reported that the Social Security Administration cannot always determine whether an applicant should be subject to WEP or GPO, and this failure has led to some overpayments. The GAO estimated total overpayments for the period 1978 to 1995 were between $160 million and $335 million. These amounts are relatively small, however, and play only a minor role in the arguments for mandatory Social Security coverage for state and local workers. Even if the WEP and GPO worked perfectly and Social Security were not facing a long-term deficit, many argue that equity demands all state and local workers, just like all workers in the private sector, should participate in Social Security. Exempting some state and local workers from paying into a redistributive program and from paying their share of the unfunded liability increases the burden on the rest of the population. Improved Protection for State and Local Employees and Their Families Equity considerations are only half the story, however. The second major argument for mandatory Social Security coverage is that it would provide important protections for state and local workers that they do not have now. Uncovered state and local workers face two types of gap in protection. The first is a gap in insurance protection for those workers who move between covered and uncovered employment or between two separate uncovered jobs. The second is a gap in benefit protection for those workers who spend their careers in uncovered employment and for their families, because Social Security provides some benefits not available in most state and local retirement plans. Gaps in insurance protection, particularly in the event of disability, occur because both Social Security and state and local plans require a relatively long period before workers are eligible for some types of benefits. Workers moving between jobs that are covered and jobs that are not covered by Social Security may experience long periods without disability and survivor protection. When young workers leave covered employment and go to work for a state or local government not covered by Social Security, their insured status under Social Security may lapse if they have not accumulated 40 quarters of coverage. Since it may take 5 years, or even 10 years, to become insured under the public plan, they will have a significant period with no protection at all should they become disabled or for their survivors. Similarly, a worker who leaves a noncovered state or local plan may have to wait five years before gaining insured status 24 Senator Barbara Mikulski (D-MD) and Congressman William Jefferson (D-LA) have introduced legislation that would remove the spousal offset for anyone whose combined public pension benefit and spousal Social Security benefit is less than $1,200 per month. Congressman Barney Frank (D-MA) has introduced legislation to limit the Windfall Elimination Provision. 17 under Social Security.25 Although young, such workers are losing substantial value – that is, insurance against catastrophic risk. Should an unfortunate event occur, the costs would be great, because the workers face a very long period with little earnings. Gaps in benefit protection arise because state and local plans do not always provide the same benefits as those offered by Social Security. Benefit protections often missing from state and local pensions are portability, dependents’ and survivors’ benefits, and full cost-of-living adjustments. Portability. Defined benefit plans have the advantage of offering a predictable benefit, expressed as a percentage of final pay for each year of service. A problem arises, however, in the case of mobile employees, since portability of state and local defined benefit pensions is usually limited to employment within state government. The problem would arise even if all state and local plans and private employers had identical plans and immediate vesting. Mobile employees receive significantly lower benefits as a result of changing jobs than they would receive from continuous coverage under a single plan, because a measure of final earnings levels usually determines pension benefits in defined benefit plans. A worker who remains with a plan receives benefits related to earnings for a period, e.g., 5 years, just before retirement. The benefits for mobile employees, however, are based on earnings at the time they terminate employment. A simple example indicates that if wages increased 4 percent annually, the pension of a worker who held four jobs would equal 61 percent of the pension of a worker who remained continuously employed by one firm (see Table 9). The more wages rise with productivity and inflation, the relatively lower the benefits received by the mobile employee, because defined benefit plans – that is, most public plans – do not account for real wage growth and inflation between termination and retirement. In contrast, Social Security allows employees to build on previous earnings as they move from job to job, so mobility does not reduce benefits. Dependents’ and survivors’ benefits. As noted above, most state and local plans provide little in the way of dependents’ benefits. They provide nothing for the spouse of a retired worker when the worker is alive; Social Security offers a benefit equal to 50 percent of the employee’s for spouses without significant earnings records and provides similar benefits to divorced spouses who have been married at least 10 years. State and local plans generally offer only modest survivor benefits: before retirement the benefit is often either a refund of employees’ contributions or a lump sum, whichever is greater. After retirement, survivor benefits are available only if the employee selects a joint-and-survivor option for his or her annuity. The extent to which workers select joint-and-survivor options is problematic.26 Social Security 25 A similar problem occurs for workers moving between uncovered plans in different states. left on their own, tend to select single-life as opposed to joint-and-survivor annuities, which would continue payment to a worker’s spouse after the worker’s death. Single-life annuities were very popular in employer-provided retirement plans prior to ERISA (1974). This pattern began to change when ERISA provided for a 50-percent joint-life annuity as the default provision. Holden (1997) estimates that 48 percent of men with pensions beginning before 1974 had joint-and-survivor pensions, while 64 percent of those beginning after 1974 did so. Similarly, the U.S. GAO (1992) estimates that the percentage selecting a single-life annuity dropped by 15 26 Many workers, 18 provides a worker’s widow with benefits equal to 100 percent of the worker’s pension and also provides benefits to young widows. Cost-of-living adjustments. State and local pension plans are generally much better than private sector plans at providing post-retirement cost-of-living adjustments, and those plans under which workers do not have Social Security coverage tend to provide more COLA protection than the average. Almost all the plans that we examine closely in this study provide an automatic adjustment (see Table 6), compared with roughly half of large state and local plans generally (see Table 5). Nevertheless, the COLA adjustments were generally capped at 3 percent, and it is unclear what the sponsors of these plans would do if inflation started to increase. Social Security, on the other hand, provides full cost-of-living adjustments no matter how rapid inflation might be, ensuring that beneficiaries do not see the value of their pension and insurance benefits eroded. The guarantees of portability, full inflation protection, and generous ancillary benefits, which are offered only by Social Security, mean that extending mandatory coverage to state and local employees would bring some real gains in benefits to certain groups of workers and their spouses. Proponents argue that such guarantees would also eliminate gaps in disability protection that occur as workers move between covered and noncovered employment. The Costs of Mandating Coverage for All State and Local Employees The case for mandatory coverage, therefore, rests on equity considerations and offering excluded state and local workers important protections that they do not have currently. The arguments against mandatory coverage center on the issue of costs. Opponents of mandating Social Security coverage for state and local workers also raise concerns about destabilizing existing plans for current employees and about morale issues associated with having new employees receive different pension benefits than current workers. Others raise the issue of administrative burden. Almost all proposals for mandating Social Security coverage are limited to new employees only (Advisory Council on Social Security, 1997 and Moynihan, 1999). Focusing on new employees avoids personnel problems and legal challenges associated with benefit reductions for existing personnel; it requires no “hold harmless” provisions; it means each employee deals with only one benefit formula; and it allows a gradual phase-in of the required tax increase (U.S. Department of Health, Education, and Welfare, 1980). Although covering only new employees would ease the transition, costs would increase. The ultimate cost of the combined Social Security/public pension system would depend crucially on how plan sponsors would respond to the introduction of Social Security. As previous analyses of mandatory coverage have pointed out, it is plausible that states and localities would change their retirement and disability plans for new employees and not simply add Social Security on top of existing provisions; if not, the resulting package would be too expensive and percentage points after the 1984 Retirement Equity Act (REA), which required notarized spousal approval before selecting a single-life annuity. Thus, the degree of joint-life annuitization is very sensitive to system design. 19 produce unduly high replacement rates. More likely, they would explicitly adjust their existing pension provisions to reflect Social Security’s benefits and costs. Indeed, as noted above, benefit accrual rates are lower for plans covered by Social Security than for those plans not covered. Although the work of the 1980 Study Group is now 20 years old and many things have changed – including the Social Security tax rate, the taxation of benefits, and the coverage of all newly hired state and local workers under Medicare – it still provides the most extensive analysis of possible cost increases. For this reason, recent studies, such as the 1998 GAO report, have built on the 1980 work. The Study Group examined two sources of data. One source was the Actuarial Education and Research Fund (AERF) study of 25 representative uncovered systems (Actuarial Education and Research Fund, 1979). The second source was the Urban Institute study, produced in collaboration with the actuarial firm of Howard Winklevoss and Associates, Inc., of 22 of the 50 largest uncovered plans. The difference between these two studies is that the AERF relied on the local actuaries to design the revised benefit formulas, while the Urban Institute specified the revisions so that the results for different plans were directly comparable. Both studies employed the actuarial and economic assumptions actually used by the various state and local plans. The 1980 Study Group analyzed three different responses to Social Security by state and local plans. The first was the reproduction of existing benefits or the “constant benefit” response. Here, the AERF attempted to preserve first-year benefits for all age and salary combinations, while the Urban Institute selected a single target group – an unmarried employee with average age, salary, and service characteristics.27 (The problem of equalizing first-year – rather than lifetime— benefits will be discussed below.) The second analysis, by AERF, asked the actuaries to estimate the costs of the plans that they thought “most likely” to be adopted. The third analysis, by The Urban Institute, reproduced “typical benefits” for employees already covered by Social Security. As shown in Table 10, the AERF study calculated that the normal cost of maintaining “constant benefits” in large state and local plans would be roughly halved (from 14.37 percent of payroll to 7.19 percent of payroll) and reduced by a third (from 23.67 to 16.13 percent of payroll) for small plans, which cover primarily police and fire. To calculate total costs, however, it is necessary to add the current Social Security payroll tax of 12.4 percent of taxable payrolls to the reduced state and local costs. In terms of total cost, the net increase would be about 5 percent of payroll, according to the AERF calculations, to maintain constant benefits. The Urban Institute produced comparable results (see Table 11). If plans adopted the actuaries’ “most likely” scenario, the increase would be about 6 percent of payroll (see Table 10). If the plans adopted the “typical plan” of those pensions with Social Security coverage, the cost increase would be between 6 and 11 percent of payroll (see Table 11). 27 Constant benefits were estimated on an after-tax basis to reflect the fact that state and local pensions were taxable under the federal personal income tax, while Social Security benefits were not. This situation changed with the 1983 Social Security Amendments, which made Social Security benefits partially taxable. Thus, the estimates of “constant benefits” are understated to the extent that Social Security benefits no longer have a full tax advantage. 20 Colorado, Illinois, and Ohio have recently undertaken studies to determine the cost to their systems of mandatory Social Security coverage and found costs to be in the range estimated by the Universal Coverage Study Group. For example, a 1997 study for an Ohio plan found that providing new employees with retirement benefits that approximated those for current employees would require an increase in contributions of between 6 and 7 percent of new employee payrolls. Similarly, a study for the State University Retirement System of Illinois concluded that it would cost an additional 6 percent for the combined Social Security/state system to provide benefits comparable to the current state plan. These studies also equalized first-year, rather than lifetime, benefits. While costs would almost certainly increase with mandatory coverage, existing estimates of the cost of maintaining “constant benefits” are misleading. They represent the costs of duplicating first-year benefits for an unmarried worker in the middle of the age, service, and pay ranges. As the 1980 Study Group and some other reports point out, participants would actually get more in lifetime benefits under the combined Social Security/public system than they get under the public plan alone for two major reasons. First, Social Security provides full cost-of-living adjustment, while public pension plans typically provide either ad hoc adjustments or COLAs capped at 3 percent. Second, Social Security also provides generous spouse and survivor benefits for qualifying married and divorced couples. If the goal were to equalize lifetime benefits, public plans could be cut back significantly more than assumed in most calculations. For example, consider the issue of the COLA and how much less the state and local plans could provide to achieve equal real lifetime benefits.28 As shown in Table 12, the answer depends on the rate of inflation. If the inflation rate is zero, then the reduced state and local benefit used in the calculations of the impact of mandatory coverage is correct. Even with an inflation rate of 3 percent, however, the full COLA provided by Social Security becomes important. For example, the non-Social-Security-covered plans in California, Louisiana, Massachusetts, and Texas, which guarantee less than 3 percent, could provide 78 to 88 percent of the reduced state and local benefit and still have their employees end up with equal lifetime benefits. At a 6 percent inflation rate, most of the plans could provide 50 percent or less of reduced state and local benefits. While not a plausible long-term rate, it is worth noting that at a 9 percent inflation rate, in most cases, Social Security alone would provide as much or more in real lifetime benefits as was provided under the original state and local plan. Nevertheless, costs for state and local plans would increase with mandatory Social Security coverage. This would be true even if the excluded state and local plans provided the same type of benefits granted by Social Security, and even if it were possible to design revised state and local benefit provisions that produced constant lifetime benefits. The reasons for the 28 Similarly, if benefits are held constant for a single worker, married workers will come out ahead because Social Security provides spouse and survivor benefits. It is somewhat less clear how to adjust for this factor, however. Unlike the case of the COLA where a constant adjustment could be made for all participants, workers vary in the extent to which they are married and the extent to which the earnings of their spouses will entitle them to spouse and survivor benefits. 21 inescapable increase are the costs associated with the unfunded liability and the redistribution to lower paid workers. The extent to which costs increase beyond this minimum depends to a large extent on the nature of the public pension, because this affects the sponsor’s ability to preserve the existing level of benefits in the combined Social Security/public plan. The potential to produce a combined plan with the same average benefits is much greater if the public plan is quite similar to Social Security. To the extent that the plan differs, merging the plans has the potential of creating winners and losers, and the desire to avoid imposing losses may end up producing a more expensive package. This factor helps explain why analysts project significant cost increases for state and local plans, although extending Social Security coverage to federal workers had little impact on federal pension costs.29 The similarity between Social Security and the Civil Service Retirement System (CSRS) greatly exceeds that between Social Security and public plans. For example, both CSRS and Social Security fully adjust benefits for inflation after retirement. This is not true generally for state and local plans. Second, CSRS has much lower turnover rates than state and local plans, and turnover saves money in defined benefit plans.30 Finally, the CSRS package of ancillary benefits for survivors closely parallels that provided by Social Security. Most state and local plans provide little in the way of ancillary benefits. Thus, the larger cost increases for state and local plans would be due to strengthening the COLA, reducing benefit forfeitures when workers move among jobs, and providing substantial benefits to dependents and survivors. Since these would be real gains from Social Security participation, they would add to total cost. When considering the impact of higher pension costs on public plans, it is necessary to consider who would bear the burden in the long run. If contributions to finance pension benefits were to increase by 5 to 6 percent of payrolls for all workers in the economy, economists almost universally agree that the burden of the tax would shift back onto the worker. Private sector employers establish how much they will pay in total compensation, and if they face an increase in one component, such as retirement costs, they will reduce another component, such as other fringe benefits or cash wages.31 29 The GAO (GAO/T-GGD-98-27) reported that the normal cost for CSRS was 25.14 percent of payrolls (7 percent paid by the employee and 18.14 percent paid by the employer) in 1996, while the federal government’s cost for the Federal Employee Retirement System (FERS) was 20.9 percent. The FERS cost consisted of 10.7 percent for the defined benefit, 6.2 percent for Social Security, and 4 percent for the employer match in the Thrift saving Plan. To get the total cost of the new system, it is necessary to add the 6.2 percent paid by employees for Social Security. Thus, the combined employee and employer costs under FERS are very close to the total costs of CSRS. 30 State and local plans – like all defined benefit plans – gain financially from the fact that the value of the mobile employee’s terminated benefit does not keep pace with wage growth between termination and retirement. In fact, the 1980 Study Group estimated that for a teacher plan, even with the return to employees of their own contributions, mobile employees save the pension plan up to 3.9 percent of payrolls. For a given level of expenditure, a change to include Social Security will benefit mobile workers at the expense of career workers. If the desire is to keep career employees whole, total costs have to increase. If a plan has few mobile workers (CSRS), the cost increase will be modest; if it has many (state and local), the required cost increase would be greater. 31 A sizeable literature has attempted to document empirically the tradeoff between pension benefits and wages. Early studies (Schiller and Weiss, 1980 and Smith and Ehrenberg, 1983) found little evidence of such a tradeoff. However, each of these studies employed a spot market model that examined only period-by-period tradeoffs of wages for pensions. More recent studies have corrected for this problem by computing lifetime compensating 22 Extending coverage raises different issues, however. First, in the present case, it pertains to the public, not the private, sector. Second, roughly half the cost increase would involve extending a tax that 95 percent of workers in the country already pay. The literature suggests that the wage setting process in the public sector differs substantially from that in a profit-maximizing private sector firm (Ehrenberg, 1980). At the same time, recent surveys from the Bureau of Labor Statistics indicate that for any individual job class, the compensation in the two sectors is quite comparable (Braden and Hyland, 1993). That is, a secretary in the government sector appears to receive roughly the same compensation as a secretary in the private sector. This equivalence provides a basis for analyzing the incidence of extending coverage. The second step is to separate the portion of the cost increase associated with the unfunded liability from that required to finance real benefit improvements. Taxpayers would likely pay the tax component, since the compensation of employees in plans without Social Security most probably has already been reduced to reflect this component of the payroll tax. Compensation for workers, such as secretaries, is set in the rest of the economy, where this Social Security tax already exists. Thus, state and local government employers without Social Security coverage – a very small fraction of the total – pay market rate for secretaries. The government employer would not be able to further reduce secretary compensation and remain competitive in the labor market, and therefore would have to cover the unfunded liability cost with tax revenues. The incidence of the cost increase associated with real benefit improvements is different. In this case, the compensation in plans without Social Security coverage includes compensation to match the protection offered by Social Security. As a result, if Social Security coverage were introduced, the higher costs associated with increased benefit protection would decrease nonSocial-Security compensation in order to keep the total compensation package in line with that in the rest of the economy. Thus, both the taxpayer and the employee would bear some of the cost increase. The Segal Company (1999) study estimates that the total costs of mandatory Social Security coverage for the first five years after the mandate took effect would be $1.6 billion, $3.3 billion, $5.1 billion, $7.0 billion, and $9.0 billion, for a cumulative total of $26.0 billion.32 As differentials that examine the tradeoff over several periods. Using the 1983 Survey of Consumer Finances, Montgomery et al. (1992) find a substantial compensating differential between the expected present value of pensions and wages. The magnitude of this differential suggests a pension-wage tradeoff of dollar for dollar over the worker’s lifetime. Gunderson et. al (1992) find similar evidence of a tradeoff. In another study, Montgomery, Shaw, and Benedict (1997) examine the magnitude of compensating differentials across job sectors and find that the pension-wage tradeoff is greater in small, nonunion firms than in large, unionized firms. Montgomery, Shaw, and Benedict suggest that workers in the large, unionized sector pay a lower implicit price for their pensions because pensions in large firms either provide productivity-heightening benefits to the firm or constitute economic rents that the firm prefers to pay to the worker in the form of a pension. 32 These estimates assume that payrolls grow at 3 percent and that 9 percent of employees turn over each year. The statistics presented on page 12 of the Segal Company study are mislabeled. For, example, the “Fifth year employee 23 just discussed, taxpayers would not bear all of these costs, because some reflect real benefit improvements. Nevertheless, to get some understanding of the magnitudes involved, it is useful to consider the Segal numbers and place them in the context of total state expenditures. Assuming, conservatively, that state expenditures will grow at 3 percent in nominal terms over the next five years, the total increase in costs due to mandatory Social Security coverage would amount to 0.6 percent of state expenditures over the five-year period. Of course, this is an average, and the burden would not be distributed evenly; those states with the largest shares of employees not covered by Social Security would see the greatest increase in costs. As shown in Table 13, the costs of coverage in Ohio for the first five years would amount to about 2.1 percent of total state expenditures if the taxpayer were to bear the entire burden, which is unlikely given that some of the increase reflects real benefit improvements. To the extent that taxpayers would bear some of the costs, states are in a better position than they have been in the past to take on additional fiscal burden. State government budgets reflect the strong economy in the form of soaring revenues and diminished expenditures for needrelated programs (National Governors’ Association, 1999). Governors are proposing moderate tax cuts for fiscal year 2000 of $3.8 billion. Fiscal year 2000 is the sixth consecutive year that states have reduced taxes and fees, for a total decrease of $25.9 billion over the six-year period. That means in the last six years, states have reduced taxes by roughly the amount that mandatory coverage would cost in the first five years. Moreover, during the past several years, states have been building up “rainy day” fund balances and ending balances. These balances, which amount to 7.4 percent of expenditures for fiscal year 1999, should prevent major disruptions in services in the event the economy slows from its current rapid pace of growth. Although state finances are healthy, taxpayers in some states where public employees are not covered by Social Security are already contributing to pay off the unfunded liability of their own public pension plan. For example, despite the great improvement in funding status, plan assets are only 67 percent of accrued liability in the Illinois teachers system, 69 and 72 percent, respectively, in Louisiana’s teachers and state employee systems, and 78 and 87 percent in the two major Massachusetts systems (see Table 8). The taxpayers in these states are paying for benefits for workers who provided services to their parents and grandparents. In some sense, asking this generation of taxpayers to help cover Social Security’s unfunded liability is asking them to pay twice for the lack of funding in the past. For this reason, it might be worth considering some transition relief to state and local governments if they were to bring their employees into Social Security. In addition to concern about higher costs, some opponents suggest that mandatory coverage could destabilize existing systems and create morale problems when state and local workers with different levels of seniority have different pension plans. The morale issue does not appear to have been a problem at the federal level, where the federal government introduced a new pension system in 1986. Different pension plans are much less likely to affect morale than different wages, particularly if the government sets the combined Social Security/public plan for and employer Social Security cost” is shown as $26,021,562,351, when, in fact, that is the cumulative total over the five-year period, not a single year amount. 24 new workers to roughly match the plan for current employees and carefully explains the changes to new hires. Redesigning the plan would, however, require opening up pensions for negotiation in the case of unionized workers, which raises the possibility of ending up with a very different type of pension arrangement. A dramatic change in pension design seems unlikely, however, since the vast majority of state and local systems with Social Security coverage remain defined benefit. Police and fire fighters should have the least to fear, since localities would have to retain most of their existing pension provisions to accommodate the early retirement needs of these workers in physically demanding and potentially dangerous jobs. Some argue that extending Social Security coverage to the 30 percent of state and local workers currently not covered would create a serious administrative burden. It is important to remember, however, that all employees and employers in the private sector and 70 percent in the public sector now participate in Social Security. The states would require some time to adapt their plans to mandatory coverage provisions. The federal government required three years to enact a new federal pension plan after Congress mandated Social Security coverage for federal employees in 1983. The Report of the 1980 Study Group (U.S. Department of Health, Education and Welfare) estimated that it would take four years for states and localities to redesign pension formulas, legislate changes, and educate employees. The GAO reports that their discussions with employers, employees, and pension officials also confirm that four years would be required to complete the complex and time-consuming task of negotiating with state legislatures and employee representatives. Once negotiated, however, the administrative requirements should not be significant. In short, the major argument against mandating coverage of all state and local workers under Social Security is not administrative burden, morale, or destabilizing public plans, but rather costs. The cost increases would be significant, and to the extent that they would fall on taxpayers may merit consideration of some transition relief. Conclusion Proponents of mandatory Social Security coverage contend that universal participation is the only equitable way to run a national social insurance plan that redistributes income from those with high lifetime earnings to those with low lifetime earnings. Most high earners would choose not to participate if they had the option; if they could withdraw, the system would become unsustainable. Universal coverage is also the only way to ensure that all workers pay their share of the unfunded liability associated with the startup of the program. Today, 30 percent of state and local workers benefit from the system – albeit indirectly – without contributing to the program’s support. At the same time, these excluded workers lack some important protections – portability, full inflation protection, and survivors’ benefits – that only Social Security now offers. These workers also face gaps in disability and survivor protection, to the extent that they move between covered and uncovered employment. The legal issues involved in mandatory Social Security coverage for state and local employees are beyond the scope of this study, but they remain important. The GAO (1998b) 25 concluded that “mandatory coverage is likely to be upheld under the current U.S. Supreme Court decisions.” Further, in a recent case, Reno v. Condon, No. 98-1468 (U.S.S.Ct., January 12, 2000), the Supreme Court signaled that, while it is respectful of state sovereignty, it will rule cautiously when reviewing federal-state relationships. Thus, how the Court will rule regarding mandatory Social Security coverage appears uncertain today. While mandatory Social Security coverage may be equitable and improve benefits, estimates indicate it would likely raise costs by 5 to 6 percent of payroll. Part of the increase would reflect improved real benefits, the cost of which would probably be borne by the workers; part would reflect a tax to cover Social Security’s unfunded liability, the cost of which would probably be borne by the taxpayer. Since mandating coverage would change the rules for a significant number of taxpayers, any proposal to mandate coverage should probably consider some transition relief to state and local governments as they bring their employees into Social Security. It is also important to pay attention to the lessons learned from the extension of Medicare coverage for employees hired after March 1986. For example, one sensitive area is the definition of a “new employee.” States object to classifying a teacher who moves from one town to another but remains within the teachers retirement system as a new employee. Every effort should be made to use reasonable definitions to ensure both economic efficiency and fairness. 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Thus, it is referenced under both names. 33 34 See footnote #33. 32 U.S. General Accounting Office. 1998b. “Social Security: Implications of Extending Mandatory Coverage for State and Local Employees.” GAO/HEHS-98-196, August. U.S. Office of Personnel Management, Office of the Actuary. 1979. “An Alternative to Extending Social Security Coverage to Federal Employees.” White House Conference on Social Security. 1998. Statements from Participants. Washington, DC: The White House, December 8–9. Zorn, Paul. 1997. Survey Report: 1997 Survey of State and Local Government Employee Retirement Systems. Chicago, Illinois: Government Finance Officers Association. Zorn, Paul. 1995. Survey Report: 1995 Survey of State and Local Government Employee Retirement Systems. Chicago, Illinois: Government Finance Officers Association. Zorn, Paul. 1993. Survey Report: 1993 Survey of State and Local Government Employee Retirement Systems. Chicago, Illinois: Government Finance Officers Association. Zorn, Paul. 1991. Survey Report: 1991 Survey of State and Local Government Employee Retirement Systems. Chicago, Illinois: Government Finance Officers Association. 33 Table 1. State and Local Pension Systems, 1996–97 Pension Systems State Local Total Number of Systems 212 2,064 2,276 Members a Active Inactive 13.5 11.2 2.3 1.7 1.6 0.1 15.2 12.8 2.4 Beneficiaries a 4.3 1.1 5.4 Contributions b 188.4 36.3 226.6 53.7 15.7 69.5 -- -- 1,480 9.2% 19.7% 71.1% 100.0% 9.2% 21.5% 69.1% 100.0% 9.4% 19.9% 70.9% 100.0% Benefits b Assets b Addendum: Contributions from: Employees Government Investment earnings Total* *Sum may not add to total due to rounding. a b In millions. In billions of dollars. Source: U.S. Bureau of the Census, Employee Retirement Systems of State and Local Governments, 1997. 34 Table 2. State and Local Government Employees not Covered by Social Security, 1996 State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hamphire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Total Total Not Covered 210,412 45,579 203,484 105,661 1,368,736 174,817 122,890 37,740 638,072 338,090 57,044 57,295 589,341 239,790 153,563 144,755 177,264 226,357 47,494 202,635 288,708 456,930 281,123 146,825 239,127 50,833 65,952 70,789 41,253 401,893 107,682 1,067,339 404,261 27,487 674,816 144,869 150,614 431,530 36,962 211,150 33,506 213,461 1,049,057 85,637 21,873 326,215 269,984 68,701 258,299 33,953 12,801,848 1,647 33,325 11,908 5,922 669,085 166,535 63,835 5,234 ** 51,442 102,120 4,559 831 363,546 22,787 3,543 3,663 53,355 221,912 37,838 325 288,708 95,862 58,662 17,722 106,844 12,666 10,294 70,789 4,523 40,274 3,939 0 37,034 921 674,816 1,579 5,859 42,004 9,852 420 309 10,384 575,707 4,090 8,000 1,303 14,913 455 46,579 2,315 3,970,235 Source* p s s p p p c p c s p p c c p p p c s p c c c s c s s c p p t p s p c p p s s p p p p t t p p p s p Percentage Not Covered 0.8 73.1 5.9 5.6 48.9 95.3 51.9 13.9 8.1 30.2 8.0 1.5 61.7 9.5 2.3 2.5 30.1 98.0 79.7 0.2 100.0 21.0 20.9 12.1 44.7 24.9 15.6 100.0 11.0 10.0 3.7 0.0 9.2 3.4 100.0 1.1 3.9 9.7 26.7 0.2 0.9 4.9 54.9 4.8 36.6 0.4 5.5 0.7 18.0 6.8 31.0 Source: Author's estimates based on Appendix B Table B-1. * Sources for "Not Covered" estimates: s= Segal (1999), p=PENDAT, c=U.S. Bureau of the Census, t=Telephone Call ** Volunteer Fire Fighters who are not paid a salary are considered "not covered" 35 Table 3. Prevalence of State and Local Government Employees Not by Covered Social Security, 1996 Rank 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Rank 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 State Number Not Covered Ohio California Texas Illinois Massachusetts Louisiana Colorado Missouri Georgia Michigan Nevada Connecticut Minnesota Kentucky Florida 674,816 669,085 575,707 363,546 288,708 221,912 166,535 106,844 102,120 95,862 70,789 63,835 58,662 53,355 51,442 Percentage Not Covered 100.0 100.0 100.0 98.0 95.3 79.7 73.1 61.7 54.9 51.9 48.9 44.7 36.6 30.2 30.1 State Ohio Massachusetts Nevada Louisiana Colorado Maine Alaska Illinois Texas Connecticut California Missouri Vermont Georgia Kentucky Source: Author's estimates based on Appendix B Table B-1. 36 Table 4. State and Local Government Employee Coverage by Type of Retirement Plan, 1996 Type of System State Employees Teachers and School Employees Police and Firefighters Local Government Employees Total Active Members Number Percentage (Thousands) of Total Plans Number Percentage of Total 6,320 3,276 327 1,105 57.3 29.7 3.0 10.0 72 40 126 140 19.0 10.6 33.3 37.0 11,028 100.0 378 100.0 Source: Mitchell et al. 1999. The data are derived from the 1997 PENDAT database. 37 Table 5. Percentage Distribution of State and Local Pension Plans by Type of Cost-ofLiving Adjustment (COLA) and Size of Plan, 1996 Type of Adjustment No COLA Automatic at Fixed Rate CPI, generally capped at 3% Ad Hoc Combination and Other Total Addendum: Total Responding Plans Small (under 1,000) 30.9% 15.8 22.3 18.7 12.2 Plan Size Medium (1,000-50,000) 10.6% 16.9 43.7 10.6 18.3 Large (over 50,000) 5.2% 22.8 29.8 15.8 26.3 100.0 100.0 100.0 139 142 57 Source: Zorn 1997. 38 Table 6. Cost-of-Living Protection in Major State Plans with Employees Not Covered by Social Security State Plan CA CO GA IL KY LA MA MO NV STRS PERA TRS TRS TRS SERS/TRS SERS/TRS PSRS PERS OH TX PERS/STRS TRS Note: PERA= PERS = PSRS = SERS = STRS = TRS = Cost-of-Living Protection Automatic 2% annually plus ad-hoc to supplement. Automatic based on CPI, capped at 3.5%. Automatic based on CPI, capped at 1.5% every six months. Automatic 3%. 1.5% COLA annually plus additional ad-hoc increases. Beginning 1999, automatic based on CPI, capped at 2%. Ad-hoc based on CPI, capped at 3% on first $12,000. Automatic based on CPI, capped at 5%. Automatic based on CPI, capped at 2% to 5% depending on years in retirement. Automatic based on CPI, capped at 3%. Ad-hoc. Calculations based on 63.5% purchasing power maintenance. Public Employees’ Retirement Association Public Employees’ Retirement System Public School Retirement System State Employees’ Retirement System State Teachers’ Retirement System Teachers’ Retirement System Source: Appendix A, “Detailed Description on Major Plans with Uncovered Workers.” 39 Table 7. Funding Status of State and Local Pension Plans, 1996 System Total Actuarial Accrued Liability ($ in billions) Actuarial Value of Assets ($ in billions) Ratio of Assets to Liabilities $1,248.5 $1,107.0 88.7 State Employees 713.9 675.6 94.6 Teachers/ School Employees 439.4 340.9 77.6 85.9 75.7 88.1 9.3 7.4 79.1 Police/Firefighters Other Note: The actuarial value of assets was estimated for the 150 valid cases in the PENDAT sample by multiplying the funding ratio reported in Table VI-8 by the actuarial accrued liability reported in Table VI-1. The assets for the subgroups may not add to the total because of rounding. Source: Zorn 1997, Tables VI-1 and VI-8, pp.125 and 132. 40 Table 8. Funding Status of Major Plans without Social Security Coverage, 1998 State Plan CA CO GA IL KY LA LA MA MA MO NV OH OH TX STRS PERA TRS TRS TRS TRS SERS SERS TRS PSRS PERS PERS STRS TRS All a b Actuarial Accrued Liability ($ in billions) Actuarial Value of Assets ($ in billions) 7.4 23.9 24.9a 29.9 9.9a 13.2 7.0 11.4 13.1 16.3b 9.9 37.7 54.8b 57.9 317.3 Ratio of Assets To Liabilities 7.7 23.1 22.5 19.9 8.8 9.1 5.0 10.2 9.9 17.2 7.9 38.4 49.1 60.4 1.041 0.965 0.904 0.666 0.888 0.687 0.715 0.778 0.868 1.051 0.801 1.020 0.896 1.043 289.2 0.911 1997 1999 Note: PERA=Public Employees’ Retirement Association PERS=Public Employees’ Retirement System PSRS=Public School Retirement System SERS=State Employees’ Retirement System STRS=State Teachers’ Retirement System TRS=Teachers’ Retirement System Source: Appendix A, “Detailed Description on Major Plans with Uncovered Workers.” 41 Table 9. Comparison of Pension Benefits for a Four-Job Worker and a One-Job Worker Category Wage growth: 0 percent Four-job worker Job 1 Job 2 Job 3 Job 4 Total One-job worker Wage growth: 4 percent Four-job worker Job 1 Job 2 Job 3 Job 4 Total One-job worker Wage growth: 8 percent Four-job worker Job 1 Job 2 Job 3 Job 4 Total One-job worker Final Pay Benefits Percent of Amount Salary $10,000 10,000 10,000 10,000 10 10 10 10 40 $1,000 1,000 1,000 1,000 4,000 10,000 40 4,000 14,802 21,911 32,434 48,010 10 10 10 10 40 1,480 2,191 3,243 4,801 11,715 48,010 40 19,204 21,589 46,609 100,626 217,243 10 10 10 10 40 2,159 4,661 10,063 21,724 38,607 217,243 40 86,897 Ratio of Benefits Four-job/One-job Worker 1.00 0.61 0.44 Note: Benefits are calculated on earnings in last year of employment. Annual benefits accrue at 1 percent a year. Assumes worker stays at each job for 10 years. Source: Author’s calculations. 42 Table 10. Normal Cost, As a Percentage of Payroll, for State and Local Plans before and after Mandatory Social Security Coverage, from Actuarial Education and Research Fund Study, 1980 Plan Size (# of members) Large Current Formula “Constant Benefit” “Most Likely” “Constant Benefit” Plus Social Security “Most Likely” Plus Social Security 14.37 7.19 7.74 19.59 20.14 20.08 12.10 12.68 24.50 25.08 23.67 16.13 18.60 28.53 31.00 (1,000+) Medium (100-999) Small (<100) Note: “Constant benefit” represents the costs associated with preserving the current benefits for all age and salary combinations. “Most likely” represents the costs associated with the plan the actuaries thought would most likely result from mandating coverage. “Constant benefit” plus Social Security is the costs from “constant benefit” plus the 12.4 percent Social Security tax and similarly for “most likely” plus Social Security. Source: U.S. House, 1980. Tables 6-23 and 6-27 and, pp. 194 and 199. 43 Table 11. Normal Cost, As a Percentage of Payroll, for State and Local Plans before and after Mandatory Social Security Coverage, from The Urban Institute Study, 1980 Type of Employee Current Formula “Constant Benefit” “Typical Plan” “Constant Plan” Plus Social Security “Typical Plan” Plus Social Security General Employees 13.4 5.4 9.7 17.8 22.1 Teachers 11.6 6.6 10.6 19.0 23.0 Police and Fire 23.4 16.8 17.4 29.2 29.8 Note: For “constant benefit,” The Urban Institute computes the costs of keeping the current benefits for a single target group—an unmarried employee with average age, salary, and service characteristics. “Typical plan” represents the costs associated with reproducing “typical benefits” of employees who are already covered by Social Security. “Constant benefit” plus Social Security is the cost from “constant benefit” plus the 12.4 percent Social Security tax and similarly for “typical plan” plus Social Security. Source: U.S. House, 1980. Tables 6-22 and 6-30, pp. 192 and 202. 44 Table 12. Ratio of Required State/Local Benefits to Maintain Benefit Levels with Inflation, Relative to the Amount Required with Zero Inflation State Plan 0% CA CO GA IL KY LA MA MO NV OH TX a STRS b PERA c TRS d TRS e TRS f SERS/TRS g SERS/TRS h PSRS i PERS j PERS/STRS k TRS Potential Inflation Rate 3% 6% 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.79 1.00 1.00 1.00 1.00 0.88 0.78 1.00 1.00 1.00 0.83 0.12 0.71 0.36 0.22 0.36 0.51 0.44 0.89 0.71 0.45 0.65 9% * 0.31 * * * 0.09 0.06 0.52 0.31 * 0.48 *Social Security alone would provide as much or more in real lifetime benefits as was provided under the original state/local plan. Note: PERA=Public Employees’ Retirement Association PERS=Public Employees’ Retirement System PSRS=Public School Retirement System SERS =State Employees’ Retirement System STRS =State Teachers’ Retirement System TRS=Teachers’ Retirement System Source: Author’s calculations. a Automatic 2% annually plus ad-hoc to supplement. In addition, supplementary benefits available for participants whose allowances have fallen below 75% of purchasing power. COLA has averaged 2% between 1992 to 1996. Calculations based on automatic 2%. b Automatic based on CPI, capped at 3.5%. COLA has averaged 2.4% between 1992 to1996. c Automatic based on CPI, capped at 1.5% every six months. d Automatic 3%, COLA has averaged 3% between 1992 and 1996. e 1.5% COLA annually plus additional ad-hoc increases. COLA has averaged 3% between 1992 and 1996. f Beginning 1999, automatic based on CPI, capped at 2%. g Ad-hoc based on CPI, capped at 3% on first $12,000. h Automatic based on CPI, capped at 5%. i 2% (yrs. 4-6 after benefits commence), 3% (7-9), 3.5% (10-12), 4% (13-14), 5% thereafter. j Automatic based on CPI, capped at 3%. k Ad-hoc. Calculations based on 63.5% purchasing power maintenance. 45 Table 13. Five-Year Cost of Mandatory Social Security Coverage as a Percentage of State Expenditures for Selected States and for the Nation, 2000–2004 State 5-year Cost of Mandatory Social Security Coverage (millions) Projected State Spending for 20002004 (millions) Cost as a Percentage of Total State Spending (%) California Colorado Illinois Louisiana Massachusetts Ohio Texas $4,103 1,123 2,479 959 2,021 3,975 2,647 $558,394 53,756 163,386 85,473 121,494 190,486 231,217 0.7 1.0 1.5 1.1 1.7 2.1 1.1 Nation 26,022 4,541,451 0.6 Note: The costs of mandatory coverage are from Appendix A of the Segal Company study. Five-year projections of state spending were derived by growing the 1997 expenditure figures in the Statistical Abstract by 3 percent per year. Sources: Segal Company 1999. U.S. Bureau of the Census 1998, Table 513, p.316. 46 Figure 1. Date of Retirement Establishment or Major Restructuring for Large State and Local Systems 35 30 47 Percent of Systems 25 20 15 10 5 0 Unknown before 1901 1901-10 1911-20 1921-30 1931-40 1941-50 1951-60 1961-70 1971-76 Period Source: U.S. House of Representatives, 95 Congress, Session 2. 1978. Pension Task Force Report on Public Employee Retirement Systems (March 15). Appendix 1, Table 2, p.202. Figure 2. Average Benefit Percentage per Year of Service for State and Local Plans by Type of Covered Employee, 1996 3.5 3.2 Covered by Social Security 3 48 Percent of Final Average Salary Not Covered by Social Security 2.37 2.5 2.4 2.47 2.24 2.09 2 1.84 1.77 1.5 1 0.5 0 General Teachers/School Police/Fire Other Type of Covered Em ployees Source: Paul Zorn 1997. Survey of State and Local Government Systems. Exhibit IV-2, p.37. Illinois: Public Pension Coordinating Council. (PENDAT) Figure 3. Employee and Government Contributions as a Percent of Payroll by Type of Covered Employees 20 17.52 18 16.4 Employee 16 Government Percent of Payroll 14 11.13 12 10.1 10 7.16 8 6.32 6 4.6 3.82 49 4 2 0 General Teacher/School Police/Fire Others Type of Covered Employees Source: Paul Zorn 1997. Survey of State and Local Government Systems. Chicago, Illinois: Government Finance Officers Association, Table VII-3 and Table VII-7, pp. 135 and 139. (PENDAT) Figure 4. Ratio of Assets to Benefit Payments for Total State and Local Pension Plans 30 25 15 10 5 98 19 96 19 94 19 92 19 90 19 88 19 86 19 84 19 82 19 80 19 78 19 76 19 74 19 72 19 70 19 68 19 66 19 64 19 62 19 60 19 58 19 56 19 54 19 52 0 19 50 Ratio 20 Year Note: Ratios for 1998 and 1999 are estimates. Sources: Ratios for 1952-1975 are from Alicia H. Munnell and Ann M. Connolly. 1976. Funding Pensions: Issues and Implications for Financial Markets. Chicago, Illinois: Federal Reserve Bank of Boston. P.84. For 1978-1981, ratios are from the U.S. Department of Commerce, Bureau of the Census. 1982. Census of Governments: Employee Retirement Systems of State and Local Governments. Vol. 6: Table 1. Ratios for 1977 and 1982-1987 are from the U.S. Department of Commerce, Bureau of the Census. 1987. Census of Governments: Employee Retirement Systems of State and Local Governments. Vol. 4: Table 1. Ratios for 1988-1996 are from the U.S. Department of Commerce, Bureau of the Census. State and Local Government Finance Estimates by State. Ratio for 1997 is from the U.S. Department of Commerce, Bureau of the Census. 1997. Census of Governments :Employee Retirement Systems of State and Local Governments. Table 1. APPENDIX A DETAILED DESCRIPTION OF MAJOR PLANS WITH UNCOVERED WORKERS California State Teachers’ Retirement System Benefit Provision Administration Cost Normal Retirement Provisions Early Retirement Provisions Benefits Reduction Vesting Period Final Average Salary (FAS) Benefit Formula Cost-of-Living Adjustment State Taxation of Benefits Disability Benefits Death Benefits Survivor Benefits Portability of Benefits Interest on Contributions Other Pension Benefits Benefit Options 0.25% of annual payroll 60/5 55/5, 50/30 6% per year; plus 3% per year if less than age 55 5 years Average of highest 3 consecutive years 2% * FAS * years plus career bonus Automatic 2% annually plus ad hoc to supplement Taxable, 90% of tax liability is withheld or paid. Members before 10/16/92: Maximum age 60, 5+ y.o.s. to be eligible. 50%*FAS (more than 10 years of service); 5%*FAS*years (less than 10 years of service); plus 10% per child - up to 40% FAS. Members after 10/16/92: No age restriction, 5+ y.o.s. for eligibility, 50% of FAS plus 10% for up to 4 eligible children, may provide for an option beneficiary. $5,598 lump-sum (Coverage A-prior to 10/16/92): $5,598 lump sum & surviving spouse with eligible children: 40% spouse plus 10% per child up to 50%; spouse with no children: return of accumulated contributions and interest in member's account at the time of death less all monthly allowances paid. (Coverage B-after 10/16/92): lump sum of $22,394, joint survivor option, return of member contributions. and interest to surviving spouse, or survivor allowance plus 10% per child up to 50% for eligible children. All contributions made by member inclusive of credited interest until date are refunded upon written request. This includes tax-deferred member contributions. Partial refunds are not allowed and neither are state and employer contribution refunds. Yes, at the rate of 2 year Treasury bill 403(b), cash balance benefit program 7 options with various amounts to survivor or beneficiary Actuarial Information Actuarial Method Members Active Average Age Average Pay Percentage Female Annuitants Are Benefits Provided to : Half-time workers? Less than Half-time? Annual Payroll Contribution (% of annual payroll) Employees Employers State Normal Cost Rate For Year Ending 6/30/98: Actuarial Value of Plan Assets Accrued Actuarial Liability (AAL) Unfunded AAL (UAAL) Funding Ratio (Assets/AAL) Entry age normal 385,530 44.2 $40,790 61.7% 157,747 Yes Alternative CalSTRS Cash Balance Benefit Program $15.7 billion 8.00% 8.25% 3.10% 17% $7.7 billion $7.4 billion $(0.3) billion 104.1% Source: Benefit information can be found in the 1999 California STRS Member Handbook . Actuarial information and assumptions are taken from the 1999 California STRS Actuarial Valuation and direct inquiry of CALSTRS EAPD Branch. A-1 Public Employees’ Retirement Association of Colorado Benefit Provision Administration Cost Normal Retirement Provisions Early Retirement Provisions Benefits Reduction Vesting Period Final Average Salary (FAS) Benefit Formula Cost-of-Living Adjustment State Taxation of Benefits Disability Benefits Death Benefits Survivor Benefits Portability of Benefits Interest on Contributions Other Pension Benefits Benefit Options 0.30% of annual payroll 50/30, 60/20, 65/5 (age/years of service) 50/25, 55/20, 60/5 3% per year from 55 to 60 and 6% per year before 55 5 years Average of 3 highest consecutive years 2.5% * FAS * Years of Service (40 years max) Automatic based on CPI, capped at 3.5% Taxable (exempt to $20,000/yr/person for retiree age >55) Eligibility: 5 or more years of service credit, 6 months of which have been in the most recent period of PERA membership, not withdrawn membership contribution account, not be eligible for service retirement. Formula: for more than 20 years of service credit at disability - benefits based on actual service credit at disability, else based on actual service credit + service credit projected to age 65 but not to exceed 20 years of service credit. Same as survivors benefits Qualified children under age 23: 40%*FAS for one child, an equal share of 50%FAS if there are two or more children. Spouse: if no qualified children a.) less than 10 years of service credit, 25% FAS, benefits begin at age 60 b.) 10 or more years of service credit, the greater of 25%FAS or the benefit which would have been payable as a 100% joint and survivor option if deceased member had been eligible for service retirement and retired on the date of death, benefits begin immediately. If member leaves service for reasons other than death or retirement, employee contribution accounts including interest plus matching employer contributions with interest are refunded upon request. 7% compounded annually 401(k) voluntary investment plan, tax-deferred member contributions, long term care insurance program, two voluntary term life insurance plans, health care coverage for annuitants (single and two others) 3 options with various amount to survivor or beneficiary Actuarial Information Actuarial Method Members Active Average Age Average Pay Percentage Female Annuitants Are Benefits Provided to : Half-time workers? Less than Half-time? Annual Payroll Contribution (% of annual payroll) Employees Employers Normal Cost Rate For Year Ending 12/31/98: Actuarial Value of Plan Assets Accrued Actuarial Liability (AAL) Unfunded AAL (UAAL) Funding Ratio (Assets/AAL) Entry Age Normal 154,235 43.4 $28,680 65% 49,808 Yes. Varies depending on years of service credit Yes. Varies depending on years of service credit $4.5 billion 8.00% 11.40% 14.8% $23.1 billion $23.9 billion $0.8 billion 96.50% Source: Benefit information can be found in the 1998 Colorado PERA Member Handbook . Actuarial information and assumptions are taken from the 1998 Colorado PERA Actuarial Valuation. A-2 Teachers Retirement System of Georgia Benefit Provision Administration Cost Normal Retirement Provisions Early Retirement Provisions Benefits Reduction Vesting Period Final Average Salary (FAS) Benefit Formula Cost-of-Living Adjustment State Taxation of Benefits Disability Benefits Death Benefits 0.11% of annual payroll Any/30 ; 60/10 (age/years of service) Any/25 1/12 of 7% for each month the member is below age 60 or 7% for each year or fraction thereof the member has less than 30 years of creditable service. 10 years Average of highest 2 consecutive years 2% * FAS * years of service (40 years max) Based on CPI Taxable Calculated using 2%*years of creditable service*FAS. No age requirement with 9.5 y.o.s. Surviving spouse is entitled to receive annually an amount calculated as: 2%*FAS*years of creditable service (minimum 10 years) Portability of Benefits Less than 10 years: lump sum refund of employee contribution and interest. More than 10 years: lump sum refund of employee contribution and interest or monthly benefit for life. Withdrawal allowed, however not after the date of reacceptance of any TRS covered employment. Refund from TRS is subject to federal and Georgia tax regulations. In addition, if withdrawal is before age 591/2, taxable portion of refund is subject to a 10% federal excise tax. Interest on Contributions Other Pension Benefits Benefit Options 4.5% State health and dental coverage plans 7 options with various amounts to survivor or beneficiary Survivor Benefits Actuarial Information Actuarial Method Members Active Average Age Average Pay Percentage Female Annuitants Are Benefits Provided to : Half-time workers? Less than Half-time? Annual Payroll Contribution (% of annual payroll) Employees Employers Normal Cost Rate For Year Ending 6/30/97: Actuarial Value of Plan Assets Accrued Actuarial Liability (AAL) Unfunded AAL (UAAL) Funding Ratio (Assets/AAL) Entry age normal 173,599 43.5 $31,497 79% 39,278 Yes Ineligible for membership $5.5 billion 5.00% 11.81% 17.1% $22.5 billion $24.9 billion $2.4 billion 90.4% Source: Benefit information can be found in the 1999 Georgia TRS Member Handbook . Actuarial information and assumptions are taken from the 1999 Georgia TRS Comprehensive Annual Financial Report . A-3 Illinois Teachers’ Retirement System Benefit Provision Administration Cost Normal Retirement Provisions Early Retirement Provisions Benefits Reduction Vesting Period Final Average Salary (FAS) Benefit Formula 0.18% of annual payroll 62/5, 60/10, 55/35 (age/years of service) 55/20.This option avoids annuity discounting if both member and employer make a one time contribution. 6% per year. 5 years Average of highest 4 consecutive years 2.2%*FAS*years of service beginning at 6/30/98; before 6/30/98: 1.67%*FAS*years(1-10), 1.9%*FAS*years(11-20), 2.1%*FAS*years(21-30), 2.3%*FAS*year(30+); Limit: 75%*FAS Cost-of-Living Adjustment State Taxation of Benefits Disability Benefits Automatic 3% annually Exempt Non-occupational: 40% of the greater of contract salary rate in effect at the time the benefit becomes payable or the annual contract rate on the date the disability commenced. Occupational: 60% with same provisions as under non-occupational. Death Benefits Return of member contributions includes the 6.5% contribution with interest and the 1/2% paid toward annual increases in annuity. Also survivor benefits are paid. Nondependent: Lump-sum = 1/6*FAS*years, for survivors of an annuitant, lump sum benefit is the greater of 1/6*FAS*years or the annuitant's survivor benefit contributions or $3,000; Dependent: $1,000+monthly income as follows-1child: min(30% avg. monthly salary or $400), spouse & 1 child min(60% avg. salary or $600, spouse & 2 or more children: min(80% avg. salary or $600) Survivor Benefits Portability of Benefits Interest on Contributions Other Pension Benefits Benefit Options Actuarial Information Actuarial Method Members Active Average Age Average Pay Percentage Female Annuitants Are Benefits Provided to: Half-time workers? Less than Half-time? Annual Payroll Contribution (% of annual payroll) Employees Employers Normal Cost Rate For Year Ending 6/30/98: Actuarial Value of Plan Assets Accrued Actuarial Liability (AAL) Unfunded AAL (UAAL) Funding Ratio (Assets/AAL) After a 4-month waiting period from the date last taught, a member ceasing covered employment may withdraw all contributions, except the 1% death benefit. When accepting a refund, the member forfeits all service credit and benefit rights. 6% p.a. on member accumulated contributions; no interest on Post-retirement insurance (health coverage and medical plan) Non-discounted annuity, early retirement option and discounted it Projected unit credit 115,116 43.5 $44,769 73.2% 51,472 Yes Yes $5.3 billion 8.00%; 9.00% beginning 7/1/98, latest 9.50% 9.00% 8.6% $19.9 billion $29.9 billion $10.0 billion 66.60% Source: Benefit information can be found in the 1999 Illinois TRS Member Handbook . Actuarial information and assumptions are taken from the 1998 Illinois TRS Comprehensive Annual Financial Report . A-4 Kentucky Teachers’ Retirement System Benefit Provision Administration Cost Normal Retirement Provisions Early Retirement Provisions Benefits Reduction Vesting Period Final Average Salary (FAS) Benefit Formula Cost-of-Living Adjustment State Taxation of Benefits Disability Benefits Death Benefits Survivor Benefits Portability of Benefits Interest on Contributions Other Pension Benefits Benefit Options 0.18% of annual payroll Any/27, 60/5 (age/years of service) 55/5 5% per year under age 60 5 years Average of highest 5 consecutive years 2% * FAS * years 1.5% COLA annually plus additional ad hoc increases. Taxable 60% FAS if 5 or more years of service and applied for disability retirement within 1 year of last contributing service. Active member with less than 5 years would get 50% of current annual contract salary. covered by $2,000 death benefit from first working day with KTRS ad till member remains in active contributing status. If death occurs with 27 or more years of service or he or she is 55 with 5 years of service, the surviving beneficiary may receive an annuity or a refund of the member's account. Eligibility: member with 10 or more years of service. Spouse: basic monthly-$180 ; $240 (income less than $550). These monthly payments are guaranteed for spouse's life unless he/she remarries. Dependent children under age 18 get monthly benefits irrespective of parents income or marital status. They may apply for additional benefits between ages 18 and 23 if they are full-time students. Refund issued within 30 days of refund application. However, refund beneficiary must meet IRS early distribution exceptions, else he/she has to pay an additional 10% excise tax on the taxable portion of refund. 3% per annum after first year 403(b), medical insurance, purchase of service credit 5 options: Straight life annuity with refundable balance; 10 years certain and life thereafter; joint-survivor annuity; joint-survivor annuity, one-half benefit to beneficiary and other payments Actuarial Information Actuarial Method Members Active Average Age Average Pay Percentage Female Annuitants Are Benefits Provided to: Half-time workers? Less than Half-time? Annual Payroll Contribution (% of annual payroll) Employees Employers Normal Cost Rate For Year Ending 6/30/97: Actuarial Value of Plan Assets Accrued Actuarial Liability (AAL) Unfunded AAL (UAAL) Funding Ratio (Assets/AAL) Unit credit actuarial cost method 50,445 43.5 $38,907 72.90% 26,283 Yes Yes $1.9 billion 9.86% 13.11% 24.2% $8.8 billion $9.9 billion $1.1 billion 88.8% Source: Benefit information can be found in the 1997 Kentucky TRS Member Handbook . Actuarial information and assumptions are taken from the 1997 Kentucky TRS Comprehensive Annual Financial Report . A-5 Teachers’ Retirement System of Louisiana Benefit Provision Administration Cost Normal Retirement Provisions Early Retirement Provisions Benefits Reduction Vesting Period Final Average Salary (FAS) Benefit Formula Cost-of-Living Adjustment State Taxation of Benefits Disability Benefits Death Benefits Survivor Benefits Portability of Benefits Interest on Contributions Other Pension Benefits Benefit Options 0.24% of annual payroll Regular 2% plan: 60/10, Any/20. Regular 2.5% plan: 65/20, 55/25, Any/30, Plan A 3%: 60/10, 55/25, Any/30, plan B 2%: 60/10, 55/30 (age/years of service) 60/10, Any/20. Multiplier reduced to 2% *FAS from 2.5%*FAS. If joined after 7/1/99 no longer have 2.0 provision, but the Any/20 benefit reduced based on member's age after retirement. 10 years Highest consecutive 3 years average 2.5% * FAS * Years of Service (55/25, 65/20, Any/30); 2%*FAS*Years (60/10, Any/20) Beginning 1999, capped at 2%, automatic based on CPI Exempt Regular Plan: 2.5%*FAS *years of service, not exceeding 75% of FAS and not below 40% of the stated minimum salary for a beginning teacher. Eligibility: 5 or more years of service. Additional 50% of member's benefits payable if minor child, but family benefit limited to 75% FAS See survivor benefits Greater of 50% member's benefit with 5 years of creditable service (2 years immediately prior to death) and $300 per month, for spouse with minor children; Greater of 50% benefit with 10 years of creditable service and $300 per month for spouse without children. Refund of employee contributions excluding interest. Upon reemployment, a member may reinstate the credit forfeited through termination of previous membership by repaying the refunded contributions plus interest. No Purchase of additional service credits Reduced benefits payable in the form of joint and survivor option, reduced benefit with a lump sum payment which cannot exceed 36 months benefit payments. Optional retirement plan for higher education members desiring a defined contribution plan. Actuarial Information Actuarial Method Members Active Average Age Average Pay Percentage Female Annuitants Are Benefits Provided to: Half-time workers? Less than Half-time? Annual Payroll Contribution (% of annual payroll) Employees Employers Normal Cost Rate For Year Ending 6/30/98 Actuarial Value of Plan Assets Accrued Actuarial Liability (AAL) Unfunded AAL (UAAL) Funding Ratio (Assets/AAL) Projected unit credit actuarial cost method 87,193 43 $28,695 82.9% 42,445 No No $2.5 billion 8.00% (regular), 9.10% (Plan A), 5.00% (Plan B) 16.4% (determined annually) 15.4% $9.07 billion $13.2 billion $4.1 billion 68.70% Source: Benefit information can be found in the 1998 Louisiana TRS Member Handbook and Actuarial Valuation . Actuarial information and assumptions are taken from the 1998 Louisiana TRS Actuarial Valuation . A-6 Louisiana State Employees’ Retirement System Benefit Provision Administration Cost Normal Retirement Provisions Early Retirement Provisions Benefits Reduction Vesting Period Final Average Salary (FAS) Benefit Formula Cost-of-Living Adjustment State Taxation of Benefits Disability Benefits Death Benefits Survivor Benefits Portability of Benefits Interest on Contributions Other Pension Benefits Benefit Options 0.41% of annual payroll Any/30, 55/25, 60/10 (age/years of service) Any/20 (actuarially reduced benefits) Multiplier is reduced for each year under normal retirement age 10 years Average of highest 3 consecutive years 2.5% * FAS * years, plus $300 if joined before 7/1/86 Automatic based on CPI, capped at 2% Exempt 2.5%*FAS*years under maximum disability retirement benefit, choice of optional plans as for regular retirees is available, 10 years of service required See survivor benefits With children: greater of 75% FAS or $300/month (if surviving spouse is entitled to a benefit, he/she receives on pro rata basis); without children: greater of 50% FAS or $200/month Can apply for refund without interest or investment earnings, when leaving state services. Transfers from one state agency to another do not qualify for refunds. Interest not paid on refunds. Yes Purchase of additional service credits 4 options and deferred retirement benefits Actuarial Information Actuarial Method Members Active Average Age Average Pay Percentage Female Annuitants Are Benefits Provided to: Half-time workers? Less than Half-time? Annual Payroll Contribution (% of annual payroll) Employees Employers Normal Cost Rate For Year Ending 6/30/98: Actuarial Value of Plan Assets Accrued Actuarial Liability (AAL) Unfunded AAL (UAAL) Funding Ratio (Assets/AAL) Unit credit actuarial cost method 69,949 43 $24,303 Not available 29,420 No No $1.7 billion 7.67% 12.40% 21.1% $5.0 billion $7.0 billion $2.0 billion 71.50% Source: Benefit and actuarial information, as well as actuarial assumptions are taken from the 1998 LASERS 1997 Actuarial Valuation . A-7 Massachusetts State Employees’ Contributory Retirement System Benefit Provision Administration Cost Assumed to be paid separately and are not included in the appropriation. Normal Retirement Provisions Any/20, if hired prior to 1978-attainment of age 55, else 55/10 (age/years of service) No mandatory retirement age, barring certain public safety and state police officers. 0.1% reduction for each year of age under 65. 10 years Average of highest 3 consecutive years Benefit rate* FAS *years (capped at 80% FAS). 2.5% benefit rate for general employees who retire at or after age 65. Ad hoc based on CPI, capped at 3% on first $12,000 Exempt 10 y.o.s. requirement for eligibility if injury is non-job-related. Ordinary: 50% last pay plus annuity based on accumulated member contributions with interest. Accident: Lump-sum 72%* last pay plus annuity based on contributions with interest, not exceeding 75%. If member dies as a result of a work-related injury or if he was retired for accidental disability and death was the natural result of that injury, there is immediate payment to named beneficiary of accumulated deductions+pension of 72% current salary+supplemental $312 per year per child until child attains age 18 or 21(if full-time student). If death occurs in active service, an allowance of what would have been payable had the member retired. Death prior to member's superannuation retirement age results in use of age 55 benefit rate. Minimum allowance to surviving spouse is $3,000+$1,440 per year for first child and $1,080 per year for each additional child. If member is under age 55, member contributions may be withdrawn. Employees who first become members on or after 1/1/84, may receive only limited interest on their contributions, if they voluntarily terminate their services. Those who leave with less than 5 years service get no interest and those who leave with more than 5 but less than 10years of service get 50% of interest. 5.5% per year Health and life insurance sponsored Three options for receiving retirement allowance. Total payable in monthly installments, reduced annual allowance with balance paid as lump sum to designated beneficiary, reduced allowance with 2/3 payable at retired employees death, to designated beneficiary. Early Retirement Provisions Benefits Reduction Vesting Period Final Average Salary (FAS) Benefit Formula Cost-of-Living Adjustment State Taxation of Benefits Disability Benefits Death Benefits Survivor Benefits Portability of Benefits Interest on Contributions Other Pension Benefits Benefit Options Actuarial Information Actuarial Method Members Active Average Age Average Pay Percentage Female Annuitants Are Benefits Provided to : Half-time workers? Less than Half-time? Annual Payroll Contribution (% of annual payroll) Employees Employers Entry age normal 82,631 44.3 $37,649 52.70% 43,144 Jurisdiction of retirement board in determining eligibility for membership. Jurisdiction of retirement board in determining eligibility for membership. $3.1 billion Varies depending on the most recent date of membership. For 7/1/96 to present - 9% of regular compensation and 1979 to present - an additional 2% of regular compensation in excess of $30,000 8.25% Normal Cost Rate For Year Ending 1/1/98: Actuarial Value of Plan Assets 13.1% Accrued Actuarial Liability (AAL) $11.4 billion Unfunded AAL (UAAL) Funding Ratio (Assets/AAL) $1.5 billion 86.8% $9.9 billion Source: Benefit information can be found in the 1999 Mass. Public Employee Retirement Guide . Actuarial information and assumptions are taken from 1998 Mass. Public Employee Retirement Administration Commission Actuarial Valuation. A-8 Massachusetts Teachers’ Retirement System Benefit Provision Administration Cost Normal Retirement Provisions Early Retirement Provisions Benefits Reduction Vesting Period Final Average Salary (FAS) Benefit Formula Cost-of-Living Adjustment State Taxation of Benefits Disability Benefits Death Benefits Survivor Benefits Assumed to be paid separately and are not included in the appropriation. Any/20, 55/and if hired before 1978, 55/10 (age/years of service) No mandatory retirement age 0.1% per year under age 65 10 years Average of highest 3 consecutive years 2.5%*FAS*years (capped at 80%FAS) Ad hoc based on CPI, capped at 3% on first $12,000 Exempt 10 y.o.s. requirement for eligibility if injury is non-job-related. Ordinary: 50% last pay plus annuity based on accumulated member contributions with interest. Accident: lump-sum 72%*last pay plus annuity based on contributions with interest, not exceeding 75%. If member dies as a result of a work-related injury or if he/she was retired for accidental disability and death was the natural result of that injury, there is immediate payment to named beneficiary of accumulated deductions+pension of 72% current salary+supplemental $312 per year per child until child attains age 18 or 21(if full-time student). If death occurs in active service, an allowance of what would have been payable had the member retired. Death prior to member's superannuation retirement age results in use of age 55 benefit rate. Minimum allowance to surviving spouse is $3,000+$1,440 per year for first child and $1,080 per year for each additional child. Portability of Benefits If member is under age 55, member contributions may be withdrawn. Employees who first became members on or after 1/1/84, may receive only limited interest on their contributions, if they voluntarily terminate their services. Those who leave with less than 5 years service get no interest and those who leave with more than 5 but less than 10 years of service get 50% of interest. Interest on Contributions Other Pension Benefits Benefit Options 5.5% per year Optional group medical insurance plan 3 options for receiving retirement allowance. Total payable in monthly installments, reduced annual allowance with balance paid as lump sum to designated beneficiary, reduced allowance with 2/3 payable at retired employees death, to designated beneficiary. Actuarial Information Actuarial Method Members Active Average Age Average Pay Percentage Female Annuitants Are Benefits Provided to: Half-time workers? Less than Half-time? Annual Payroll Contribution (% of annual payroll) Employees Employers Normal Cost Rate For Year Ending 1/1/98: Actuarial Value of Plan Assets Accrued Actuarial Liability (AAL) Unfunded AAL (UAAL) Funding Ratio (Assets/AAL) Entry age normal 74,899 43.5 $42,393 71.60% 30,499 Yes No $3.2 billion Varies depending on the most recent date of membership. For 7/1/96 to present - 9% of regular compensation and 1979 to present - an additional 2% of regular compensation in excess of $30,000 8.25% 10.5% $10.2 billion $13.1 billion $2.9 billion 77.80% Source: Benefit information can be found in the 1999 Mass. Public Employee Retirement Guide . Actuarial information and assumptions are taken from 1998 Mass. Public Employee Retirement Administration Commission Actuarial Valuation . A-9 Public School Retirement System of Missouri Benefit Provision Administration Cost Normal Retirement Provisions Early Retirement Provisions Benefits Reduction Vesting Period Final Average Salary (FAS) Benefit Formula Cost-of-Living Adjustment State Taxation of Benefits Disability Benefits Death Benefits Survivor Benefits Portability of Benefits Interest on Contributions Other Pension Benefits Benefit Options 0.16% of annual payroll 60/5, 55/25, any/30, or the sum of age and years of service exceeds 80 (age/years of service) 55/5, any/25 Benefits reduced from 9.23% to 73.91% based on years under age 60 5 years Average of highest 3 consecutive years 2.5% * FAS * Years. See HB p41 for replacement rate for 55/25. Automatic based on CPI, not exceeding 5% Taxable 90% of service retirement benefit payable as though you were age 60, or 50% of your salary for your last full year of credit, whichever is greater Lump-sum refund (contribution plus payment due to reinstatement and other purchases plus interest credited to account as of date of death), $5000 one-time lump sum % of applicable salary for spouse-20%, spouse and dependent children20%+10% per child, dependent children-16 2/3% each, and dependent parents - 16 2/3% each Refund of accrued contribution with interest through preceding June 30 Yes, set by Board of Trustees to be comparable to average savings or short term CD accounts Health care 6 options with various amounts to survivor or beneficiary Actuarial Information Actuarial Method Members Active Average Age Average Pay Percentage Female Annuitants Are Benefits Provided to : Half-time workers? Less than Half-time? Annual Payroll Contribution (% of annual payroll) Employees Employers Normal Cost Rate For Year Ending 6/30/99: Actuarial Value of Plan Assets Accrued Actuarial Liability (AAL) Unfunded AAL (UAAL) Funding Ratio (Assets/AAL) Entry age normal 70,092 42.5 $38,383 76% 23,292 Yes, certified part-time employees/teachers employed for 20 hours/week on a regular basis for at least one month are automatically PSERS employees. No $2.69 billion 10.50% 10.5% (neither exceeding 11.5%, as set by board of trustees) 18.2% $17.2 billion $16.3 billion ($0.9 billion) 105.1% Source: Benefit information can be found in the 1997 Missouri PSRS Member Handbook . Actuarial information and assumptions are taken from 1997 Missouri PSRS Comprehensive Annual Financial Report, and direct inquiry of the Missouri PSRS. A-10 Public Employees’ Retirement System of Nevada – General Employees Benefit Provision Administration Cost Normal Retirement Provisions Early Retirement Provisions Benefits Reduction Vesting Period Final Average Salary (FAS) Benefit Formula Cost-of-Living Adjustment State Taxation of Benefits Disability Benefits Death Benefits Survivor Benefits Portability of Benefits Interest on Contributions Other Pension Benefits Benefit Options 0.15% of annual payroll 65/5, 60/10, any/30 (age/years of service) Any/5 4% per year for each year under early retirement 5 years Average of 3 highest consecutive years 2.5%*FAS*years, no exceeding 75% FAS 2% (yrs. 4-6 after benefits commence), 3% (7-9), 3.5% (10-12), 4% (13,14), 5% (thereafter) No state income tax Members with 5 or more years of service who become disabled are eligible to receive normal retirement benefits without reduction None Spouse: $450 if less than 10 years of service; greater of $450 or 50% FAS between 10 to 15 years; greater of $450 or 100% FAS if more than 15 years. $400 per dependent child. $400 dependent parent. Lump-sum: refund of employee contribution and half of employer contribution. Members who have contributed or who were mandated under the Employee Pay Contribution Plan, may withdraw employee contributions and/or receive a distribution of the employee portion of the mandatory employer-pay contributions, if terminating all employment for which contribution is required. A refund cancels membership. Yes at actuarially determined rate No health insurance 7 options with various amounts to survivor or beneficiary. Actuarial Information Actuarial Method Members Active Average Age Average Pay Percentage Female Annuitants Are Benefits Provided to : Half-time workers? Less than Half-time? Annual Payroll Contribution (% of annual payroll) Employees Employers Normal Cost Rate For Year Ending 6/30/98: Actuarial Value of Plan Assets Accrued Actuarial Liability (AAL) Unfunded AAL (UAAL) Funding Ratio (Assets/AAL) Entry age normal 66,374 43.5 $32,714 Not available 14,822 Yes, if employed in a position which is normally considered to be half time or more according to full-time work schedule No $2.4 billion 10.00% (under employer/employee contribution plan) 10.00% (under employer/employee contribution plan); 18.75% (under employer contribution plan) 15.1% $7.9 billion $9.9 billion $2.0 billion 80.1% Source: Benefit and actuarial information, as well as actuarial assumptions are taken from 1998 Nevada PERS Comprehensive Annual Financial Report . A-11 Public Employees’ Retirement System of Ohio-State and Local Division Benefit Provision Administration Cost Normal Retirement Provisions Early Retirement Provisions Benefits Reduction Vesting Period Final Average Salary (FAS) Benefit Formula Cost-of-Living Adjustment State Taxation of Benefits Disability Benefits 0.297% of annual payroll 60/5, any/30 (age/years of service) 55/25 (if 30 y.o.s. no benefit reduction) Benefits reduced up to 25% between age 55-65. 5 years Average of 3 highest years 2.1%*FAS*years + 2.5%*FAS*years (30+) Automatic based on CPI, capped at 3% Taxable 5 y.o.s. eligibility requirement. Original plan - benefits depend on FAS, years of service with PERS and the length of time between the effective date of disability and age 60. This benefit can't exceed 75% or be less than 30% of the member's FAS. Revised plan - benefits based on FAS, years of service with PERS with no early retirement reductions, but can't be less than 45% or exceed 60% FAS. Death Benefits $500 if less than 10 years of service; $1,000 between 10 to 15 years; $1,500 between 15 to 20 years; $2,000 between 20 to 25 years; $2,500 maximum Greater of: 1 person: 25% FAS or $96 per month; 2 persons: 40% FAS or $186; 3 persons: 50% FAS or $236; 4 persons: 55% FAS or $236; 5 persons: 60% FAS or $236 Refund of accrued savings Yes Health care 5 options with various amounts to survivor or beneficiary Survivor Benefits Portability of Benefits Interest on Contributions Other Pension Benefits Benefit Options Actuarial Information Actuarial Method Members Active Average Age Average Pay Percentage Female Annuitants Are Benefits Provided to : Half-time workers? Less than Half-time? Annual Payroll Contribution (% of annual payroll) Employees Employers Normal Cost Rate For Year Ending 12/31/98: Actuarial Value of Plan Assets Accrued Actuarial Liability (AAL) Unfunded AAL (UAAL) Funding Ratio (Assets/AAL) Entry age normal 354,431 41.4 $24,479 51% 124,258 Yes Yes $9.0 billion 8.50% 13.31% (state), 13.55% (local) 14.7% $38.4 billion $37.7 billion $(0.7) billion 102.0% Source: Benefit information can be found in the 1999 Ohio PERS Member Handbook . Actuarial information and assumptions are taken from the 1998 Ohio PERS Comprehensive Annual Financial Report and through direct inquiry of the Ohio PERS. A-12 State Teachers’ Retirement System of Ohio Benefit Provision Administration Cost Normal Retirement Provisions Early Retirement Provisions Benefits Reduction Vesting Period Final Average Salary (FAS) Benefit Formula Cost-of-Living Adjustment State Taxation of Benefits Disability Benefits Death Benefits Survivor Benefits Portability of Benefits Interest on Contributions Other Pension Benefits Benefit Options 0.62% of annual payroll Any/30 (age/years of service) 60/5, 55/25 Varies with ages and years of service 5 years Average of highest 3 consecutive years 2.1%*FAS*years of service (0-30) + 2.5%*FAS*Y.O.S. (31+), not exceeding 100% FAS. This adjusted percentage is based on number of y.o.s. beyond 30. Automatic based on CPI, capped at 3% Taxable 5 years of service eligibility requirement. 2.1%*FAS*years. Joined before 7/30/92: 2%*FAS *years plus 60 minus age. Capped at 75% of FAS. $1,000 automatic; additional $1,000 or $2,000 optional. Only spouse: refund of accrued contribution or annuity of 25% FAS. Spouse with children: 1 dependent: annuity of 25% FAS; 2: 40% FAS; 3: 50%; 4: 55% FAS; 5 or more: 60% FAS. Refund of accrued contribution with interest. Interest rates vary with years of service. Yes Health care 5 options with various amount to survivors or beneficiary Actuarial Information Actuarial Method Members Active Average Age Average Pay Percentage Female Annuitants Are Benefits Provided to : Half-time workers? Less than Half-time? Annual Payroll Contribution (% of annual payroll) Employees Employers Normal Cost Rate For Year Ending 7/1/99: Actuarial Value of Plan Assets Accrued Actuarial Liability (AAL) Unfunded AAL (UAAL) Funding Ratio (Assets/AAL) Entry age normal 170,854 43.6 $41,210 69.00% 95,796 Yes. Percent-based salaried service is determined by the percent of full time employment $7.4 billion 9.30% 14.00% 15.3% $49.1 billion $54.8 billion $5.7 billion 89.6% Source: Benefit information can be found in the 1998 Ohio STRS Member Handbook . Actuarial information and assumptions are taken from the 1999 Ohio STRS Actuarial Valuation . A-13 Teacher Retirement System of Texas Benefit Provision Administration Cost Normal Retirement Provisions Early Retirement Provisions Benefits Reduction Vesting Period Final Average Salary (FAS) Benefit Formula Cost-of-Living Adjustment State Taxation of Benefits Disability Benefits Death Benefits Survivor Benefits Portability of Benefits Interest on Contributions Other Pension Benefits Benefit Options 0.13% of annual payroll 65/5, 60/20, (age/years of service) or sum of age and years of service equal to 80. 55/5, any/30 Reduced up to 53% depending on age and years of service 5 years Average of highest 3 years 2.2%*FAS*years (2% prior to 9/1/99) Ad hoc No state income tax If less than 10 years of service, $1,800 per year. If more than 10 years of service, the greater of accrued retirement benefit or $78*years per years, no less than $1,800 per year. Lump-sum: 2 * last pay, not exceeding $80,000. Annuity: 60 monthly payments of accrued normal annuity or life annuity as if the member had retired on the last day of the month preceding death. Refund of employee contribution. Also three other options. Lump-sum: $10,000. Or lump-sum $2,500 plus $200 per month for only spouse, commencing at age 65; $300 for spouse and children until the youngest child reaches 18 or 21 if a full- time student; $200 for only one child; $300 for two or more Refund of employee contribution plus interest Yes Deferred Retirement Option Plan (DROP), excess benefit arrangement, partial lump sum option 5 options with various amount to survivor or beneficiary Actuarial Information Actuarial Method Members Active Average Age Average Pay Percentage Female Annuitants Are Benefits Provided to: Half-time workers? Less than Half-time? Annual Payroll Contribution (% of annual payroll) Employees Employers Normal Cost Rate For Year Ending 8/31/98: Actuarial Value of Plan Assets Accrued Actuarial Liability (AAL) Unfunded AAL (UAAL) Funding Ratio (Assets/AAL) Entry age normal 705,447 42.91 $26,533 75.00% 170,351 Yes No $18.3 billion 6.40% 6.00% 11.4% $60.4 billion $57.9 billion $(2.5) billion 104.30% Source: Benefit information can be found in the 1998 Texas TRS Member Handbook . Actuarial information and assumptions are taken from the 1998 Texas TRS Comprehensive Annual Financial Report . A-14 APPENDIX B STATE AND LOCAL WORKERS NOT COVERED BY SOCIAL SECURITY The most elementary questions of how many workers are not covered by Social Security and where they reside are not as straightforward to answer as one would think. Several estimates are available and in many cases they provide very different pictures of the employment and coverage situation. Appendix Table B-1 summarizes the alternative estimates. The first source of information is the 1992 Census of Governments. It reports the number active members covered by Social Security for plans with more than $20 million in cash and investment holdings. This is the last government survey to address the issue of Social Security coverage; the coverage picture could have changed since 1992. The last data from the Social Security Administration (SSA) for total employment and coverage by state is also from 1992 (1998 Green Book). 1 In addition to being dated, these numbers tend to be considerably higher than those from other sources. The reason is that SSA counts the number of people who had a job at any time during the calendar year, while the Census data report active members of each significant pension plan during the last month of the plan’s fiscal year. When SSA splits employment between those covered and those not covered by Social Security, the employment count grows even further. A person can have both a covered and a non-covered job during the calendar year; for example, a teacher whose job is not covered by Social Security takes a covered local government job during the summer. In such a case, SSA will count that person twice. Despite this double counting, the percent covered figure provides some information about the coverage ratio for the state. In addition to the two data sources for 1992, three estimates are available for 1996. The first one we construct by applying the Census coverage ratio by state in 1992 to total state and local government employment in 1996 taken from Employee Retirement Systems of State and Local Governments 1997 by the U.S. Bureau of the Census. 2 This report covers fiscal years that ended between July 1, 1996 and June 30, 1997. To the extent that the coverage ratios are applicable, these estimates represent somewhat more up-to-date numbers. The second source of data for 1996 is the so-called PENDAT files created from the Surveys of State and Local Employee Retirement Systems for Members of the Public Pension Coordinating Council (Zorn, 1997). The most recent survey includes coverage information for 1996. The problem with this survey is that it does not include all major plans 1 While SSA has not published state-by-state numbers for later years, it estimated that in 1996 22.3 million individuals worked sometime during the year for state or local government, and the wages of 25 percent of these individuals were not covered by Social Security (1998 Green Book, p. 11). 2 The 1998 version of Employee Retirement Systems of State and Local Governments is recently available. However, in order to directly compare the estimates from each source, we keep the year of the estimates constant among sources. B-1 and suffers from survey non-response. The following table shows that state by state, the PENDAT number of total active members is usually either very close to the census number of below it. For example, the survey does not include Massachusetts Public Employee or Teachers Retirement Systems, and Massachusetts is the fifth largest state in terms of the number of uncovered state and local workers. Nevertheless, the PENDAT files are a useful additional source of information. The final source of data on the number of employees not covered is a recent (May 1999) study “The Cost Impact of Mandating Social Security for State and Local Workers” by the Segal Company for the AFSCME, AFL-CIO, and Coalition to Preserve Retirement Security. This study includes 1996 estimates of uncovered workers. The authors state the estimates are based on unpublished SSA 1992 estimates of non-covered state and local government workers which are augmented with data from state reports. No further explanation is provided, so it is difficult to determine the relationship between these estimates and the others. As noted above, Appendix A, Table 1 summarizes all these estimates. Although we are able to define why the total number of active members differs from source to source, it is not so easy to determine why the number of non-covered members differs between sources. Based on the arrayed numbers, we make the following selections. For the number of total active members, we use the 1996−97 Census data throughout. For the number of state and local workers not covered by Social Security, we use the PENDAT figure when the total number of active members reported by PENDAT is within 5 percent of the total number from 1996 Census. We are wary that PENDAT does not contain data from all of the pension plans in some states, but when the totals of PENDAT and Census match, we are assured that PENDAT has indeed collected data from all the plans in the state. When PENDAT is not within 5 percent of the total from 1996 Census but the other sources match, we use Census’ number of workers not covered by Social Security. If the other sources do not match, we use information gathered from calls to the plans within the state with over 5,000 members and then use the estimate of the source that most closely matches the information gathered by the phone calls. When phone calls do not provide the needed information, we use the source whose percent not covered is closest to the SSA numbers. Finally, if the call indicates something very different from all published sources, we use the call information. This procedure led us to use PENDAT for 25 states, Segal for 11, Census for 11, and telephone information for 3. Although we believe that we have been as thorough as possible, these numbers again differ from those published elsewhere. Table 2 in the text summarizes our best estimate of total state and local government employment and Social Security coverage for 1996. The total uncovered shown in Table 2 in the text is 4.0 million; Segal Company reported 4.8 million uncovered and Census suggests a number closer to 6.6 million. Table 3 in the text presents the states with the highest number of uncovered workers and the states with the largest percentage of workers not covered by Social Security. B-2 Appendix Table B-1. Alternative Estimates of State and Local Government Employees Not Covered under Social Security State Alabama Alaska Arizona Arkansas California Colorado Year Source Active Members Members Not Covered Percent Not Covered 1992 Census SSA 192,626 360,000 72,801 36,000 37.8 10.0 1996 Census PENDAT Segal 210,412 200,840 -- 79,523 1,647 27,911 37.8 0.8 -- 1992 Census SSA 49,796 82,000 49,796 48,000 100.0 58.5 1996 Census PENDAT Segal 45,579 46,074 -- 45,579 46,074 33,325 100.0 100.0 -- 1992 Census SSA 179,499 340,000 34,489 16,000 19.2 4.7 1996 Census PENDAT Segal 203,484 178,280 -- 39,097 6,247 11,908 19.2 3.5 -- 1992 Census SSA 121,635 191,000 11,636 19,000 9.6 9.9 1996 Census PENDAT Segal 105,661 104,884 -- 10,106 5,922 15,902 9.6 5.6 -- 1992 Census SSA 1,492,572 2,198,000 876,679 1,129,000 58.7 51.4 1996 Census PENDAT Segal 1,368,736 1,429,862 -- 803,943 669,085 903,027 58.7 46.8 -- 1992 Census SSA 172,056 330,000 160,561 208,000 93.3 63.0 1996 Census PENDAT Segal 174,817 169,260 -- 163,138 166,535 180,076 93.3 98.4 -- B-3 Appendix Table B-1—continued. Alternative Estimates of State and Local Government Employees Not Covered under Social Security State Connecticut Delaware Florida Georgia Hawaii Idaho Year Source Active Members Members Not Covered Percent Not Covered 1992 Census SSA 126,022 255,000 65,462 81,000 51.9 31.8 1996 Census PENDAT Segal 122,890 98,307 -- 63,835 42,276 61,228 51.9 43.0 -- 1992 Census SSA 33,058 65,000 31,989 5,000 96.8 7.7 1996 Census PENDAT Segal 37,740 34,292 -- 36,520 5,234 3,632 96.8 15.3 -- 1992 Census SSA 603,999 1,003,000 48,695 76,000 8.1 7.6 1996 Census PENDAT Segal 638,072 597,930 -- 51,442 6,125 61,817 8.1 1.0 -- 1992 Census SSA 323,345 580,000 312,820 119,000 96.7 20.5 1996 Census PENDAT Segal 338,090 283,121 -- 327,085 54,452 102,120 96.7 19.2 -- 1992 Census SSA 57,401 107,000 6,469 19,000 11.3 17.8 1996 Census PENDAT Segal 57,044 56,985 -- 6,429 4,559 14,209 11.3 8.0 -- 1992 Census SSA 1996 Census PENDAT Segal 52,170 113,000 52,171 5,000 100.0 4.4 57,295 56,730 -- 57,295 831 3,741 100.0 1.5 -- B-4 Appendix Table B-1—continued. Alternative Estimates of State and Local Government Employees Not Covered under Social Security State Illinois Indiana Iowa Kansas Kentucky Louisiana Year Source Active Members Members Not Covered Percent Not Covered 1992 Census SSA 511,125 985,000 315,297 470,000 61.7 47.7 1996 Census PENDAT Segal 589,341 518,568 -- 363,546 302,871 351,845 61.7 58.4 -- 1992 Census SSA 230,420 436,000 21,897 58,000 9.5 13.3 1996 Census PENDAT Segal 239,790 78,917 -- 22,787 51 48,530 9.5 0.1 -- 1992 Census SSA 157,294 270,000 22,809 28,000 14.5 10.4 1996 Census PENDAT Segal 153,563 151,046 -- 22,268 3,543 21,702 14.5 2.3 -- 1992 Census SSA 124,077 257,000 11,768 24,000 9.5 9.3 1996 Census PENDAT Segal 144,755 144,115 -- 13,729 3,663 19,512 9.5 2.5 -- 1992 Census SSA 191,681 325,000 89,332 84,000 46.6 25.8 1996 Census PENDAT Segal 177,264 178,044 -- 82,613 53,355 64,120 46.6 30.0 -- 1992 Census SSA 282,663 396,000 277,112 282,000 98.0 71.2 1996 Census PENDAT Segal 226,357 164,603 -- 221,912 164,603 220,876 98.0 100.0 -- B-5 Appendix Table B-1—continued. Alternative Estimates of State and Local Government Employees Not Covered under Social Security State Maine Maryland Massachusetts Michigan Minnesota Mississippi Year Source 1992 Census SSA 1996 Census PENDAT Segal Active Members Members Not Covered Percent Not Covered 49,899 110,000 49,899 59,000 100.0 53.6 47,494 --- 47,494 37,838 100.0 --- 1992 Census SSA 200,754 396,000 189,352 39,000 94.3 9.8 1996 Census PENDAT Segal 202,635 180,933 -- 191,116 325 28,126 94.3 0.2 -- 1992 Census SSA 275,027 325,000 275,027 279,000 100.0 85.8 1996 Census PENDAT Segal 288,708 11,174 -- 288,708 11,174 301,520 100.0 100.0 -- 1992 Census SSA 510,097 790,000 107,016 116,000 21.0 14.7 1996 Census PENDAT Segal 456,930 96,751 -- 95,862 7,578 85,808 21.0 7.8 -- 1992 Census SSA 288,704 422,000 60,244 -- 20.9 -- 1996 Census PENDAT Segal 281,123 169,122 -- 58,662 11,173 72,948 20.9 6.6 -- 1992 Census SSA 189,389 222,000 51,293 20,000 27.1 9.0 1996 Census PENDAT Segal 146,825 144,003 -- 39,765 17,722 27.1 0.0 -- B-6 Appendix Table B-1. Alternative Estimates of State & Local Government Employees not Covered under Social Security State Missouri Montana Nebraska Nevada New Hamphire New Jersey Year Source Active Members Members Not Covered Percent Not Covered 1992 Census SSA 195,932 385,000 87,544 72,000 44.7 18.7 1996 Census PENDAT Segal 239,127 206,014 -- 106,844 68,615 59,992 44.7 33.3 -- 1992 Census SSA 56,985 93,000 40,348 16,000 70.8 17.2 1996 Census PENDAT Segal 50,833 18,332 -- 35,992 12,666 70.8 0.0 -- 1992 Census SSA 51,032 165,000 15,680 13,000 30.7 7.9 1996 Census PENDAT Segal 65,952 --- 20,264 -10,294 30.7 --- 1992 Census SSA 106,437 93,000 106,437 32,000 100.0 34.4 1996 Census PENDAT Segal 70,789 68,115 -- 70,789 68,115 75,000 100.0 100.0 -- 1992 Census SSA 39,838 88,000 19,576 14,000 49.1 15.9 1996 Census PENDAT Segal 41,253 38,899 -- 20,271 4,523 11,039 49.1 11.6 -- 1992 Census SSA 435,039 591,000 433,783 35,000 99.7 5.9 1996 Census PENDAT Segal 401,893 421,125 -- 400,733 40,274 39,264 99.7 9.6 -- B-7 Appendix Table B-1—continued. Alternative Estimates of State and Local Government Employees Not Covered under Social Security State New Mexico New York N. Carolina N. Dakota Ohio Oklahoma Year Source Active Members Members Not Covered Percent Not Covered 1992 Census SSA 112,508 175,000 79,777 30,000 70.9 17.1 1996 Census PENDAT Segal 107,682 96,277 -- 76,355 40,495 22,269 70.9 42.1 -- 1992 Census SSA 1,237,779 1,673,000 592,855 120,000 47.9 7.2 1996 Census PENDAT Segal 1,067,339 1,030,731 -- 511,220 90,680 47.9 0.0 -- 1992 Census SSA 400,435 579,000 82,423 47,000 20.6 8.1 1996 Census PENDAT Segal 404,261 258,087 -- 83,211 3,751 37,034 20.6 1.5 -- 1992 Census SSA 26,872 70,000 12,048 9,000 44.8 12.9 1996 Census PENDAT Segal 27,487 26,101 -- 12,324 921 7,831 44.8 3.5 -- 1992 Census SSA 812,899 800,000 812,899 739,000 100.0 92.4 1996 Census PENDAT Segal 674,816 665,771 -- 674,816 665,771 921,404 100.0 100.0 -- 1992 Census SSA 146,608 267,000 28,181 17,000 19.2 6.4 1996 Census PENDAT Segal 144,869 139,217 -- 27,857 1,579 13,633 19.2 1.1 -- B-8 Appendix Table B-1—continued. Alternative Estimates of State and Local Government Employees Not Covered under Social Security State Oregon Pennsylvania Rhode Island S. Carolina S. Dakota Tennessee Year Source Active Members Members Not Covered Percent Not Covered 1992 Census SSA 161,617 264,000 25,484 18,000 15.8 6.8 1996 Census PENDAT Segal 150,614 148,111 -- 23,749 5,859 14,288 15.8 4.0 -- 1992 Census SSA 431,070 740,000 230,641 50,000 53.5 6.8 1996 Census PENDAT Segal 431,530 329,428 -- 230,887 11,494 42,004 53.5 3.5 -- 1992 Census SSA 34,854 74,000 32,046 13,000 91.9 17.6 1996 Census PENDAT Segal 36,962 32,661 -- 33,984 6,477 9,852 91.9 19.8 -- 1992 Census SSA 311,036 310,000 311,036 30,000 100.0 9.7 1996 Census PENDAT Segal 211,150 220,660 -- 211,150 420 23,175 100.0 0.2 -- 1992 Census SSA 35,913 75,000 3,649 3,000 10.2 4.0 1996 Census PENDAT Segal 33,506 33,508 -- 3,404 309 2,266 10.2 0.9 -- 1992 Census SSA 198,749 409,000 146,754 56,000 73.8 13.7 1996 Census PENDAT Segal 213,461 185,935 -- 157,617 10,384 41,549 73.8 5.6 -- B-9 Appendix Table B-1—continued. Alternative Estimates of State and Local Government Employees Not Covered under Social Security State Texas Utah Vermont Virginia Washington W. Virginia Year Source Active Members Members Not Covered Percent Not Covered 1992 Census SSA 795,364 1,355,000 126,198 562,000 15.9 41.5 1996 Census PENDAT Segal 1,049,057 907,052 -- 166,451 575,707 515,751 15.9 63.5 -- 1992 Census SSA 104,003 165,000 104,003 8,000 100.0 4.8 1996 Census PENDAT Segal 85,637 85,637 -- 85,637 14,559 100.0 0.0 -- 1992 Census SSA 21,498 52,000 21,498 2,000 100.0 3.8 1996 Census PENDAT Segal 21,873 653 -- 21,873 162 1,664 100.0 24.8 -- 1992 Census SSA 358,000 518,000 66,926 47,000 18.7 9.1 1996 Census PENDAT Segal 326,215 290,171 -- 60,984 1,303 38,517 18.7 0.4 -- 1992 Census SSA 282,458 437,000 278,656 63,000 98.7 14.4 1996 Census PENDAT Segal 269,984 262,870 -- 266,350 14,913 49,868 98.7 5.7 -- 1992 Census SSA 72,385 154,000 33,593 9,000 46.4 5.8 1996 Census PENDAT Segal 68,701 68,135 -- 31,883 455 6,220 46.4 0.7 -- B-10 Appendix Table B-1—continued. Alternative Estimates of State and Local Government Employees Not Covered under Social Security State Wisconsin Wyoming Year Source Active Members Members Not Covered Percent Not Covered 1992 Census SSA 313,878 464,000 88,378 65,000 28.2 14.0 1996 Census PENDAT Segal 258,299 246,830 -- 72,729 2,396 46,579 28.2 1.0 -- 1992 Census SSA 31,803 66,000 31,803 10,000 100.0 15.2 Census PENDAT Segal 33,953 54,569 -- 33,953 2,315 7,035 100.0 4.2 -- Sources: Zorn, 1996. U.S. Congress, House of Representatives, Committee on Ways and Means, 1998. U.S. Department of Commerce, Bureau of the Census, 1997. (www.census.gov/govs/per/re97t5.txt) U.S. Department of Commerce, Bureau of the Census, 1995. Segal Company, 1999. B-11 APPENDIX C DISCUSSION OF GPO AND WEP As noted in the body of this report, the Government Pension Offset (GPO) of 1977 and the Windfall Elimination Provision (WEP) of 1983 are amendments of the Social Security Act which deal specifically with the treatment of people who have a history of noncovered employment. Two issues regarding these provisions arise when evaluating the impact of mandatory coverage of state and local workers. The first issue is whether these provisions are fair to state and local workers. That is, do these provisions create a penalty for noncovered workers that would disappear if workers entered Social Security? If so, coverage inclusion in Social Security may look attractive to state and local workers. If these provisions treat noncovered workers better than covered workers, fairness concerns speak for including these workers to eliminate preferential treatment. The second issue is how well these provisions are administered. If it is difficult and costly to administer these provisions, then bringing all state and local workers into the system would eliminate the need for special provisions and thereby eliminate the costs of administering them. The GPO reduces the Social Security benefits to a person who earns a government pension through noncovered employment and who also has a Social Security entitlement through their spouse. The reason for the offset is that the spouse’s benefit is intended to provide income for men and women who are financially dependent on their spouse. Spouses who earn a pension through their own work history are not considered financially dependent on their spouses. One can view the government as willing to ensure that every person is entitled to at least half of the Social Security benefit of their spouse. Thus, the government is willing to provide the difference between the earned benefit and half of the spouse’s benefit. The GPO reduction is 2/3 of amount of government pension. 1 The reason the offset is not dollar for dollar is that the pension provided by noncovered government employment acts in part as a substitute for Social Security and in part as an employer provided pension similar to those in the private sector. Thus, just as Social Security does not reduce the Social Security benefit for private pensions, it should not subtract comparable element of the government pensions from the Social Security benefit. Of course, the choice of 2/3 is an ad hoc adjustment factor. 2 CRS (1990) investigate whether the 1 Take for example, a noncovered state worker whose pension is $600 and whose spouse has a Social Security benefit of $1,000. His Social Security benefit is $100 = (1/2 * $1,000 ) – ( 2/3 * $600). 2 CRS (1990) investigated whether the 2/3 adjustment is appropriate for federal workers who are covered by CSRS. They find that, in general, WEP over-penalizes lower-paid workers with shorter work careers and under-penalizes higher-paid workers with long careers. C-1 2/3 adjustment is appropriate for federal workers who are covered by CSRS. They find that in general WEP over penalizes lower-paid workers with shorter work careers and underpenalizes higher-paid workers with long careers. Inclusion of state and local workers in Social Security would remove the arbitrary nature of this adjustment. WEP, the other special provision for noncovered workers, institutes a modified benefit formula for people who qualify for a Social Security benefit based on a brief work history in covered employment but who earn a pension from noncovered employment. Whereas the regular benefit provides 90% of the first $505 of a person’s average indexed monthly earnings (AIME), the revised formula provides 40% if the person has 20 or less years of covered employment. For each year of covered employment up to 30 years, an additional 5 percent is added to the 40 percent. For 30 or more years of covered employment, it remains at 90 percent. 3 WEP also provides protection for workers with low pensions; the Social Security benefit under WEP plus ½ the pension must be greater than the Social Security benefit under the regular treatment. Thus, Social Security treats people who have short period of covered employment due to leaving the workforce, perhaps because of disability or for child rearing, better than people who have a short period of covered employment due to switching to noncovered employment. This discrimination occurs because Social Security aims to be redistributive, i.e. people with lower earnings should get a higher return than people with high earnings. Thus, someone who has a full working career should receive a smaller percent return than someone who was only able to work a portion of their potential career because it is reasonable to assume the person who works longer has more wealth. Figure C-1 illustrates how the percent of AIME replaced changes by years of covered employment for an illustrative worker who earns the indexed equivalent of $30,000 a year. Under regular treatment, the replacement percent increases. Under WEP, replacement percent hovers around 40 percent, which is near the replacement rate for someone who earns indexed equivalent of $30,000 a year for their entire working career in covered employment. Thus, the WEP appears to attain its objective of ensuring that people with limited working careers in covered employment due to employment in noncovered jobs are treated the same with respect to redistribution as people who spend their entire working career in covered employment. Another issue of the GPO and WEP is administration of the amendments. The 1998 General Accounting Office (GAO) report “Better Payment Controls for Benefit Reduction 3 For example, a worker who has 24 years of covered employment receives 60 percent of their first $505 of their AIME. C-2 Provisions Could Save Millions” describes the procedure SSA uses for identifying people with a history on noncovered employment. SSA staff asks applicants for SSA benefits whether they currently or will in the future receive a pension from noncovered employment. Also, SSA staff investigates the work history of the applicant for significant periods of no covered employment and then asks the applicant the reason for the gap. The appropriate adjustments to the SSA benefit are then applied. The GAO investigators estimate that by failing to identify noncovered workers, SSA overpaid between $109 and $274 million related to GPO. They also estimate that between $52 and $81 million in WEP related overpayments were made from 1986 to 1995. These overpayments are made chiefly to state and local workers since information on the pensions of retired federal employees (who at one time were not included in Social Security) can be attained from Office of Personnel Management (OPM). The report notes that this process could benefit by verifying the reports of the applicants with a second source of information on pension payments such as the individual pension plans or the IRS. They recommend working with IRS to build a method for receiving the needed information from income tax returns. SSA is developing a proposal that would permit IRS to identify persons receiving pensions from noncovered employment. Of course, if state and local workers are included in Social Security the need for this type of investigation will eventually be eliminated since SSA will have the necessary information on all employment histories. In short, GPO and WEP appear to treat noncovered workers neither advantageously nor disadvantageously, the administration of the provisions appears to be effective, and there are plans for improvement. Thus, the affects of these provisions do not seem to lend support for either side of the argument concerning mandatory coverage for state and local workers. Additionally, although there are currently bills being considered to reduce the GPO from 2/3, there does not seem to be reason for this action. References: Kollman, Geoffry C. 1990. “What Amount of a Civil Service Retirement System (CSRS) Pension is Equivalent to a Social Security Benefit?” Congressional Research Service. C-3
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