Monday, April 11, 2011

Pension problems, who is really at fault?

http://www.nypost.com/p/news/business/
New York City taxpayers are helping to pay $850 million in Wall Street investment fees -- even as these financial gurus have produced only meager results for strapped city and state pension funds.
City Comptroller John Liu this week released a comprehensive analysis of NYC pension costs over the past decade, revealing why they have risen from $1.2 billion to $7.7 billion.
Liu said one of the major factors in the shortfall was higher than expected investment and administrative fees, which were $71 million in 2005, and have risen more than four-fold to $313 million.
Nearly all of the increase was due to the pension funds shifting asset allocation in favor of private equity and real estate -- chasing bigger returns -- but which also have higher investment fees, he wrote.
The state pension fund, which made a similar shift, saw its expenses rise in five years from $277 million to $433 million. Add in the teacher pension fund, and total fees in 2010 reached $848 million.
These higher fees aren't paying off. The City pensions (which cover teachers, cops, firefighters and other municipal employees) saw annual returns for the last five years of a meager 2.8 percent, but even that is better than its 10-year 2.5 percent record.
But, with the target return at 8 percent -- which is more a political than fiscal decision -- taxpayers are forced to make up the shortfall.
But pension beneficiaries are protected by the state constitution's impairment clause, which does not allow for diminished benefits, even for budgetary needs.
The pensions have a guaranteed return of either 7.5 or 8 percent a year, and any shortfall must be made up by taxpayers.
Taxpayers' share of city pension costs have exploded 900 percent in the last decade from $703 million in 2000 to $6.5 billion in the 2010 fiscal year, according to the City Comptroller's office.
The City now spends 11 percent of its expenses on the pensions, up from six percent five years ago.
Harry Wilson, the Republican who lost the 2010 election for state comptroller, believes pensions are swinging for the fences by making risky investments to hit unrealistic targets. "My thought process is you have a promise to certain people, and therefore you want to have a low-risk asset mix to meet those obligations."
The State pension, by moving to riskier investments, has had similar results: a 4.28 percent five-year average that is better than the 3.7 percent 10-year, but well short of its 7.5 percent target.
At the same time, the New York State Teachers fund, which has also ramped up its private equity investments, has actually seen its returns fall to a 2.28 percent five-year return from a 2.7 percent 10-year mark.
Had any of the funds simply invested in an S&P index fund, their return over 10 years would have been 18.1 percent.
Wilson said the higher fees "highlight that public pensions are paying more for active management and getting below-market performance."
The State has 13.9 percent of its investments in private equity and real estate, State Teachers more than 8 and the City Pensions 7.7 percent.
Private equity mostly means buyout funds run by firms like KKR that make money by buying companies on leverage and then reselling them within five years.
HEC Business School Professor Oliver Gottschalg, in a comprehensive August 2010 report, found that private-equity funds in existence for at least seven years perform broadly in line, after fees, with public market investments.
At the same time, he found funds with returns that are among the top 25 percent for any given year have a substantially higher performance compared to public equities. That is the appeal.
The New York State Teachers fund in its annual report said its goal was for its private-equity investments to outperform public equities by five percent.
Wilson, previously a principal at private-equity giant the Blackstone Group, said when pensions invest roughly $10 billion in PE funds, they do not have the luxury of picking the best performers, and not likely to get good results.
City Pension Chief Investment Officer Larry Schloss believes that since he was the former head of PE firm DLJ Merchant Banking Partners he can find the best funds, and better the average.
Schloss, though, is fighting back against private-equity fees. "We're telling any manager that comes to us that you need to cut fees."
Schloss said he is pushing firms to charge management fees only on invested money, and not on what they raise, which takes years to invest.
Lowering management fees from 1.5 percent to 1.25 percent is another goal. Still, he has not had a firm agree to these terms.
"The private-equity industry is changing, slowly," Schloss said.
http://www.nypost.com/p/news/business/

Sunday, April 10, 2011

CEO's paid well, lets hope the Shareholders proceed!

http://www.nytimes.com/2011/04/10/business/10comp.html?pagewanted=2&_r=4&ref=business&adxnnlx=1302465758-rEMi94xeLhthfAYEiED4zg

Friday, April 8, 2011

Right to Work (for less) Legislation Introduced in Pennsylvania

Right to Work (for less) Legislation Introduced in Pennsylvania
On Tuesday (April,4,2011)Rep. Daryl Metcalfe (R) held a press conference introducing a package of Right to Work (for less) bills.  Below you will find a list of all of the co-sponsors. During the question and answer period of that press event Rep. Metcalfe was asked the following question, How do you keep this legislation a priority with so much else going on?” He replied, “leadership and the governor need to hear from the people and a grassroots effort is needed to demand responsible representation.” The Labor Movement needs to take Rep. Metcalfe’s advice and make sure that our voices are heard on this vital union issue!
HB 50 - Aument, Bear, Bloom, Boyd, Clymer, Cox, Creighton, Cutler, Denlinger, Everett, Gillen, Gingrich, Grell, Grove, Harper, Helm, Hickernell, Kauffman, Keller, W, Major, Maloney, Metcalfe, Miller, Moul, Oberlander, Rapp, Reichley, Roae, Rock, Saylor, Schroder, Simmons, Stevenson, Swanger, Tallman
HB 51 - Aument, Bear, Bloom, Boyd, Cox, Creighton, Cutler, Denlinger, Everett, Gillen, Gingrich, Grell, Grove, Hickernell, Kauffman, Major, Maloney, Metcalfe, Miller, Moul, Oberlander, Rapp, Reichley, Roae, Rock, Saylor, Schroder, Simmons, Stevenson, Swanger, Tallman, Watson
HB 52 - Aument, Bear, Benninghoff, Bloom, Boyd, Cox, Cutler, Denlinger, Everett, Gillen, Gingrich, Grell, Grove, Hickernell, Kauffman, Major, Maloney, Metcalfe, Miller, Milne, Moul, Oberlander, Rapp, Reichley, Roae, Rock, Saylor, Schroder, Simmons, Stevenson, Swanger, Tallman
HB 53 - Aument, Bear, Bloom, Boyd, Cox, Creighton, Cutler, Denlinger, Everett, Gillen, Gingrich, Grell, Grove, Hickernell, Kauffman, Major, Maloney, Metcalfe, Miller, Milne, Moul, Oberlander, Rapp, Reichley, Roae, Rock, Saylor, Schroder, Simmons, Stevenson, Swanger, Tallman

Wednesday, April 6, 2011

American Legislative Exchange Council (ALEC)


This was sent to me from a friend. A bit shocking to say the least

I didn’t know about the American Legislative Exchange Council (ALEC) until about 8 weeks ago. Since that time it has basically consumed my life.  The fact that our State legislators are sitting at the table with companies such as Koch, WalMart and AT&T drafting, deliberating and approving “model legislation” for our states and our country - makes me sick.  The fact that our legislators think this is okay, is revolting to  me.
The fact that all the companies that belong to ALEC have the money to lobby our US government and in addition, have the ability to affect the legislation at the State level through ALEC state legislative members, makes me sick.  The fact that our legislators at the state and federal government condone this, is revolting to me.
Based on my research I have come to the opinion that ALEC is subverting American democracy and the democratic (small d) process, at all levels of the government, in the name of free markets and federalism (which in this case is a truly horrible thing).
Over the course of the past two months I have spent my nights and weekends trying to find out as much as I could about ALEC. I wanted to know who their members were.  I wanted to look at the legislation they were proposing.  I wanted to know exactly which of their “model legislation” was passed as law. I wanted to know what their “real” philosophy was.  I wanted to know what their “true” purpose was.  So I started doing research.  Doing research on ALEC is difficult as they “scrub of the web” quite often, now-a-days.
First it’s important to know that they do not post their full member lists for public review.  Second, with the exception of a few publications that contain actual ALEC “Model legislation” you cannot find samples of the legislation because it is in the “members only” are of their web page and requires a sign in and password.  Their member magazine will give one paragraph summaries of what “model legislation” is available - but you have to be a member to access it on their web page.  Nowhere do they expound their true philosophy or what their true purpose is – you have to be a member of their club to find that our.
I spent hours researching members of ALEC.  I found letters ALEC sent to Congress with member names as signatories. I searched their member publication (Inside ALEC) for names of members.  I searched the web. After all that research, I could come up with a list of only 340 names of past and current state legislators who are/were members. This is troubling because ALEC’s 2011 Media Kit claims a membership of over 1/3 of all state legislators, 7,382 elected members serve in the nation's 50 state legislatures which means their state legislator membership would be about 2,460.
In addition to state members, ALEC has United States Congress “alumni” which ALEC acknowledges publicly.  Their acknowledgement letter of November 10, 21010 identifies the names of 30 ALEC members who were “elevated to federal office”. Through research I was able to identify 117 “former ALEC members” in the United States House and Senate.   BUT, the question that begs to be answered is – Exactly how many United States House and Senate members are past members of ALEC?  The reason they are alumni is because they can no longer belong to ALEC – but it is important to note that these US congressional members have been “educated on public policy” by ALEC.  Even though the actual US House or Senate member no longer belongs to ALEC, that does not mean they have cut their ties with ALEC.  My research shows multiple instances of their chief of staff belonging to ALEC.  In addition, United States Congress “alumni”  can still participate with the organization as speakers at the ALEC meetings – which they do, frequently, showing their support for ALEC and indoctrinating the state legislators that are in attendance.
Someone posted that attendance to these meetings is “by scholarship”.  I think not – not totally.  I found a memo from about 10 years ago where members of the Montana legislature are approving the costs of attendance to an ALEC event.  A web entry about Tennessee legislators attending an ALEC meeting states that the taxpayers of Tennessee picked up a bill for those legislators of over $15,000.  My conclusion – I believe that as taxpayers, we are paying the majority of costs for state legislators to attend ALEC meetings and this has to stop.  We have to stop the expenditure of taxpayers money being spent on ALEC “Education” of our lawmakers.
ALEC’s level of hypocrisy, which is unbelievable in it’s scope, is evident in today’s activities in Wisconsin and across the United States.  In my research on ALEC, I have acquired many ALEC documents, going back to 1998.  Twenty nine of those ALEC documents have articles that discuss unions and union representation.  ALEC has historically vilified the unions.
In an ALEC Issue Analysis (2001) by the Evergreen Foundation it states, “The NEA provides paid staff to assist in local, state and federal campaigns and help carry out stealth political activities that circumvent disclosure and scrutiny.” (p. 2)
 
In their report “ Crisis in State Spending: A Guide for State Legislators” (2002), it states, “Members of labor unions are forced by union leaders into paying tribute to the union bosses, with much of the money going for political activity not supported by the rank and file.” (p. 11)
 
On the front cover of January 2011 edition of Inside ALEC, an article is noted named “Public Employee Unions: Pushing Government to Bankruptcy”.   In this article it is stated “To reduce the size of government and close budget gaps, legislators should limit the power of public employee unions.” (p. 10)
 ALEC believes it is acceptable practice for their 500 “private sector members” to sit with 2,700 state legislators drafting, deliberating and approving model legislation for our states and our country.  ALEC vilifies the unions for their perceived political power.  I have yet to see the unions of America sitting down with 2,700 state legislators drafting “model legislation”.   I am as liberal as you can get.  I believe in a multiple party system.  I believe in the concept of rank choice voting.  I do not believe in private corporations and the ultra-wealthy subverting our democracy by using organizations that are not forthright about their membership or their true mission and purpose.  To me what is happening is a bizarre and very scary 21st century remake of “The Birth of a Nation”, with ALEC being victorious over the downtrodden of United States of America.
Republican goons go after people like Professor Cronon, who is using his first amendment rights in a very subdued manner, but chose the wrong topic, ALEC.  If we let this organization continue to proliferate, I hate to see what the end result will be.
The American Legislative Exchange Council use to put this disclaimer on the inside cover of  the reports they disseminated to their members:
ALEC is classified by the Internal Revenue Service as a 501(c)(3) non-profit and public policy and educational organization. Individuals, philanthropic foundations, corporations, companies, or associations are eligible to support ALEC’s work through tax-deductible gifts. Nothing contained herein should be construed as necessarily reflecting the view of the American Legislative Exchange Council, its Board of Directors, or its membership, or as an attempt to aid or hinder the passage of any bill before the U.S. Congress or in any state legislatures.
In the ALEC 2010 “The State Legislators Guide to Prescription Drug Policy” they put this on the inside cover:
The American Legislative Exchange Council (ALEC) is the nation’s largest nonpartisan, voluntary membership association of state legislators, with nearly 1,800 members across the nation. ALEC’s mission is to promote free markets, limited government, individual liberty, and federalism through its model legislation in the states. Guided by the principle that the best health care is patient-driven, not government-driven, ALEC’s Health and Human Services Task Force has been a national leader in promoting free-market, pro-patient health care reform at the state level. Since 2005, 22 states have enacted model legislation developed by ALEC’s Health and Human Services Task Force.
They believe they have won – they believe they do not need to use a disclaimer anymore. It’s time for us to show them – they have not won!

Monday, April 4, 2011

Canal Strike near Lock Haven, 1833

http://www.newsofyesteryear.com/archives/537

Sunday, April 3, 2011

Law makers in Wisconsin, fugitives from Justice

http://www.politicususa.com/en/running-law-wisconsin-republicans

Saturday, April 2, 2011