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HomeMy WebLinkAboutSupplemental Information Received During Oral CommunicationEMPOWERING KIDS THROUGH WATER SAFETY RULES Prevent drowning. Never swim alone. Children and adults drown without a sound. Drowning is the leading cause of accidental death for children under the age of five and can happen in less than two inches of water. o(CnuC,E Co�.N'rK N`CO2h.q��o..1 ��CEC� SrEV� C2pC:- r�UOi Orange County Fire Authority 714 573 6200 ocfa.o! Q DUE n� Prevent drowning! Never swim alone. Kids need to ask an adult before going in or around a pool or spa. Adults should also never swim alone. Remember, if no one is with you, no one can help save you. There is no substitute for active supervision. Keep an eye on the water at all times and use the Water Watcher card strategy, which designates an adult as the Water Watcher for a certain amount of time (i.e. 15- minute periods), especially when multiple adults are present. Learn to swim. Don't rely on swimming aids. Remember that swimming aids such as water wings or noodles are fun toys but never use them in place of U.S. Coast Guard - approved personal. flotation devices (life jackets). Go feet first! Rocks, sandbars, and other dangers can hide just below the water's surface. Going feet first helps to find these dangers and allows you to know how deep the water is in that area. Play safely around the water. Running, jumping, or pushing others in or around the pool can be dangerous. Be safe and walk around pool decks. Have an adult get toys or other objects out of the water uca e a swimming safely. Everyone is different. Enroll in swim lessons when you feel you and your child are ready. Start slowly with babies; some are ready at 12 months or even earlier, others are not. Swim in designated areas only and always have an adult Water Watcher and never swim alone. Don t let drains drag you down! Drains can create a lot of suction, which can trap people under water. Teach children to stay away from drains and install safety drain covers. Always wear sunscreen and drink plenty of fluids. Swimming in the cool water can hide signs of sunburns and dehydration. Reapply sunscreen, even if it is waterproof, and drink plenty of water or fluids without caffeine. Task force offers tips to prevent drownings - Orange County Register, 2016 -09 -01 Page 1 of 2 ActivePaoer Archive Task force offers tips to prevent drownings - Orange County Register, 2016 -09 -01 Task force offers tips to prevent drownings Speakers urge vigilance at pools and beaches over holiday weekend. BY LAYLAN CONNELLY STAFF WRITER Foster Parnell ANA VENEGAS, STAFF PHOTOGRAPHER Team USA water polo player Kaleigh Gilchrist and Foster Parnell, whose 18- year -old son, Anthony, drowned off Laguna Beach last year, spoke Wednesday at an Orange County Task Force on Drowning Prevention press conference. "I've learned that over the years, no matter how athletic you are, the ocean will always be a dangerous place." a ALEIGH GILCHRIST WATER POLO OLYMPIAN AND PRO SURFERp,,� have been 213 drownings at beat Foster Parnell's voice cracks and he pauses to control his emotions before talking about his 18- year -old son, Anthony, who died after being swept off rocks by big waves in Laguna Reach. The Las Vegas man hasn't done many speeches since his son's death in February, 2015. But Parnell had a very important message to tell. "You don't want to go through what my family has gone through, losing a child," he said to a group gathered in Newport Beach on Wednesday. "As far as making your children aware, just do everything you can." The Orange County Task Force on Drowning Prevention was holding a press conference to remind the public — especially with packed beaches and pool inviting weather expected for the 1011" ]toli la r weekend — to stay safe while near the water. According to Orange County Fire Authority spokesman Steve Concialdi, there :hes, pools, spas and in bathtubs since 2012 in Orange County. "One is too many." he said. "That's why this task force was developed, to continue to stop that trend from happening. If we can make a dent, we can make a ditl'erence." 6 Concialdi gave a few safety tips, including never to take },our eyes off children when they are near a pool. "Kids love the water, they are attracted to it. That's play time to them. They do not see t e tey are not scared of the water at all," he said. "That's why the toddlers get out and they find their way. You don't hear them. you don't hear yelling or screaming. They drown without a sound." httv:llenaoer.ocre¢ister.com/ Olivel APA/ OranseCountvRegister /3haredVie.w.Articleasnv9 o /innnu 4A (O G �(I Y'A Owfn- (Axkr " "1,C7cC'\ Coty)(O (miri7 September 12, 2016 To whom it may Concern, My name is Rick Paap. I hired on to the City of Seal Beach (Police Dept.) on January 18,1978.1 have known the Meyer family since that time. David Meyer a successful local businessman. Barbie Meyer Director of the Miss Seal Beach Pageant and worked for A &W finance and handled my loan on a home I had purchased. Their daughters (Jennifer and Heather) grew up in the Los Al school district. I taught them when I was involved In the SANE /DARE Drug education program at McGaugh Elementary. They were good students /athletes. Jennifer worked for the City's Recreation Dept. for over 20 years. As time went on I even sold one of my cars to Heather. I have over the years found the Meyer family to be one of good character, integrity, values, and faith. The whole family has a strong work ethic and has always been a supporter of this community. Sincerely Rick Paap rpaap @socal.rr.com 6\1�\W� AA Qo)oc-1 I���QA)oq, r��l C�.r,�n�n K���o� I request that the following be placed on the City of Seal Beach agenda: That the City of Seal Beach establish a 5 year forward budget and projected balance sheet as a Strategic Objective to be completed by May 10"' of 2017 Placing this proposal on the Agenda will allow the City Council members to discuss, modify and vote on the above objective. Without this being added to the Public Agenda the Council members are severely limited by the Brown Act as to who, what, when and how they may speak or communicate on this topic. Here are four main reasons I recommend this objective. 1. Compliance with County guidelines. The Orange County Grand Jury in 2013- 2014 after hearing testimony from many OC city managers and financial officers recommended each City in the County have a 5 year forward budget. The Grand Jury required the Cities including the City of Seal Beach to respond to a number of recommendations. The City Manager responded in 2014. The letter stated that the city has not followed a few of the suggestions including the 5 year forward budget. 2. Increased understanding of the budgeting process. Our existing operations expose new council, staff, local businesses and interested residents to an issue -by -issue process over a long time period. These issues include timing of bond redemption payments, timing and amount of funding pension liability, multiyear capital improvement projects, water costs and rate hikes, wage and salary contracts, sand replenishment projects, new pool replacement, health care liability, new fire department contract, future timing of grants etc. It can take 2 to 4 years for those engaged to acquire a more complete understanding of the city's needs and resources. A five -year projection will immediately provide a better understanding of the city's financial outlook. 3. Improved decision making and operations. Certainly a single set of documents that projects these issues forward will add clarity to decision making on long term issues and improve operations. The City does a great job of providing an annual statement and a one year budget. (In fact I believe they have won a number of awards for their financial statements.) An extension of the one year budget to include the forward projection will assist existing and new council members, city staff and residents of the city's resources and obligations and how they affect the city from day one. 4. Greater public transparency. By placing this proposal on the agenda the Council may discuss the issue. It allows the Public more transparency and a better understanding of the willingness of the Council to deal with complex and continuing issues. In summary, many items needed to prepare a 5 year forward budget with a Projected Balance Sheet are already done on a routine basis. The staff prepares most of the necessary information in a number of reports and documents during the year. These include but are not limited to a 5 -year capital improvement budget, a schedule of Bond Redemption and Interest payments, etc. Outside agencies, such as CalPERS, also provide a number of reports. For example, CalPERS' Annual Summary of Pension Liability includes a funding payment schedule to reduce unfunded pension liability. The relevant internal and external reports need only be consolidated on one set of statements. These longer term budgets do not need to be as exact as the current one year budget. I believe it will better serve everyone to obtain a clear picture of the City's projected financial situation. In addition the City will follow the OC Grand Jury's recommendation. I call for each council member to request the proposal be added to the agenda, discussed and voted on. If affirmed, add it to the city's Strategic Objectives. Bruce Bennett 9/12/2016 Z2-7 29 3t .+ 57- ORANGE COUNTY CITY PENSION LIABILTIES Budget Transparency Critically Needed I Table of Contents SUMMARY.................................................................................................... ............................... 4 REASONFOR THE STUDY ....................................................................... ............................... 6 BACKGROUNDAND FACTS .................................................................... ............................... 8 SomeKey Terms Defined ........................................................................ ............................... 10 Overviewsof Ca1PERS and OCERS ........................................................ .............................11 Pension Reform in California ( PEPRA) ................................................. ............................... 13 Unfunded liabilities of CalPERS and OCERS are both large and volatile ........................ 13 METHODOF STUDY .................................................................................. .............................17 ANALYSIS..................................................................................................... .............................17 Ca1PERS Data on Unfunded Pension Liabilities of OC Cities ............ ............................... 17 PerCapita Assessment ............................................................................... .............................19 Assessment of Unfunded Liabilities as a Percent of General Fund Revenues ................... 20 Calculating Unfunded Liabilities using Market Value instead of Actuarial Value of Assets......................................................................................................... ............................... 21 GrandJury Interviews ............................................................................. ............................... 23 Interviewswith CalPERS ........................................................................ ............................... 24 Interviewwith OCERS ............................................................................ ............................... 25 Interviews with City Hunan Resource Managers .................................. ............................... 27 Interviews with City Finance Managers ................................................. ............................... 28 Assessment of Budget Information Available Online ........................... ............................... 30 General budget information available online ........................................ ............................... 31 Pension specific budget information available online ........................... ............................... 32 The impact of OC cities' outsourcingfor public safety on transparency of budget information — a tale of two cities ............................................................ ............................... 32 Conclusions............................................................................................... ............................... 35 FINDINGS.................................................................................................... ............................... 35 RECOMMENDATIONS............................................................................. ............................... 36 REQUIREDRESPONSES .......................................................................... ............................... 38 APPENDICES.............................................................................................. ............................... 41 ` ORANGE COUNTY CITY PENSION LIABILTIES AppendixA — Acronyms .......................................................................... ............................... 42 AppendixB — Glossary ............................................................................ ............................... 43 AppendixC — A Brief Primer on Pensions ............................................ ............................... 45 Pensionsand their purpose .................................................................... ............................... 45 Two major types of pension plans .......................................................... ............................... 46 How pension benefits are specified ........................................................ ............................... 47 How pension benefits (actuarial liabilities) for retired members are computed .................. 47 How pension (actuarial liabilities) for active members are computed .. ............................... 47 Actuarial Accrued Liability 47 ActuarialValue of Assets ........................................................................ ............................... 47 What it means to say a pension has unfunded liabilities ........................ ............................... 47 2013 -2014 Orange County Grand Jury Page 3 ORANGE COUNTY CITY PENSION LIABILTIES SUMMARY Orange County (OC) cities rely almost entirely on two pension systems for their Public Safety (fire and police) and "Miscellaneous" employees (basically everyone except fire or police), both for their retirees and for current employees who will retire in the years ahead. Those two pension systems are 1) the California Public Employees Retirement System (CAPERS) and 2) the Orange County Employee Retirement System ( OCERS) for cities which outsource their police services to the Orange County Sheriff's Department (OCSD) and /or their fire services to the Orange County Fire Authority (OCFA). Current assets of both systems fall far short of what is needed to pay current and future retirees. CalPERS at the state level had assets of $236.8 billion, liabilities of $340.4 billion, unfunded liabilities of $103.6 billion and a funding ratio of 70% as of June 30, 2012'. OCERS had assets of $9.5 billion, liabilities of $15.1 billion, unfunded liabilities of $5.7 billion and a funding ratio of 63% as of December 31, 2012'. The 2013 -2014 Grand Jury investigated the ability of OC cities to recover from these unfunded liabilities. Reviews of public financial data from the CaIPERS /OCERS pension systems and city budgets, and more importantly reviews of city internal budget and planning data with city finance managers showed that there were reasons to accept that OC cities are making plans to pay down (amortize) these unfunded liabilities and will be able to do so. There are important actions being taken by cities which provide some assurance that OC cities' optimism that they can recover from their unfunded pension obligations has some basis in reality. Most important of these is that CaIPERS and OCERS are committed to amortize their unfunded pension liabilities over the next 20 -30 years to zero via Annual Required Contributions (ARCs) from the agencies they support. So long as OC cities meet their ARCS, the unfunded liabilities should approach zero. OC cities so far have been able to meet CAPERS' ARCs. OC cities' relationships with OCERS are more complex, but cities have also been able so far to pay for their outsourced fire /police services. Both the OCSD and the OCFA have their own unfunded pension obligations with OCERS. However, so long as the amortization of OCSD /OCFA unfunded liabilities is reflected in the costs of their services to the cities they support, and so long as the cities can pay these costs, these unfunded OCERS liabilities will be amortized as well. In addition some cities have been successful in negotiating with their employee bargaining units for their employees to carry a larger portion of the burden of pension costs and in some cases for ' Comprehensive Annual Financial Report. Fiscal Year Ended June 30, 2013, page 132, huo //www.calpers,ca.eov/eil)-(Iocs/about/pubs/cair- 2011 pdf 2OCERS by the Numbers, 2012, page 26, huo'/ /www ocerc or¢ /odf/ publications /brochures/bythenumbers.nd( 2013 -2014 Orange County Grand Jury Page 4 ORANGE COUNTY CITY PENSION LIABILTIES reduced benefits. This reduces the future overall costs of pensions and frees up funds that these cities can apply to amortizing their unfunded liabilities. Some cities are also looking at accelerating their amortization of unfunded pension liabilities. Another long term factor in reducing unfunded pension liabilities is the Public Employees' Pension Reform Act (PEPRA), which went into effect January t, 2013. However, since the reforms only affect employees hired after January, 2013, it will be many years before these reforms will have an impact on unfunded liabilities. Unfunded pension liabilities can be extremely volatile because they are driven by two unpredictable elements: 1. Occasional extreme fluctuations in the market value of assets 2. Changes to key actuarial assumptions, and especially changes to assumed future rates of return on investments Hence, budgeting to reduce unfunded pension liabilities presents particular challenges for cities: I. Pension catch up contributions typically comprise a significant percentage of projected city General Fund expenditures 2. Projected annual contributions to catch up on unfunded liabilities are ramped up over two to five years by Ca1PERS and OCERS. The impact of amortizing unfunded liabilities is not completely revealed by looking only one year into the future, which is typically as far as city budgets are projected 3. Unlike most planned city expenditures, there is essentially no way to reduce or defer require d pension contributions in future years 4. Projected unfunded pension liabilities are at risk of large changes year to year because Annual Required Contributions are so dependent on the fluctuating market value of assets and on key actuarial assumptions used in calculating the liabilities Unfortunately, after examining a large sample of OC cities' budgets published online, the Grand Jury found those budgets to be-inadequate to establish any confidence that these cities are addressing their unfunded pension liabilities. There are several reasons for this: 1. Cities typically do not show explicit line items for amortizing their unfunded pension liabilities 2. Cities typically only show budget projections one year into the future 3. Cities that outsource fire and /or police services to Orange County Sheriffs Department and/or Orange County Fire Authority typically provide minimal detail on planned future expenditures for these services even as OCSD /OCFA deal with their own unfunded pension liabilities with OCERS 2013 -2014 Orange County Grand Jury Page 5 ORANGE COUNTY CITY PENSION LIABILTIES It is extremely important to note the Grand Jury's assessment that a city's published budget data is inadequate to establish confidence that a city will be able to address its unfunded pension liabilities is not the same thing as an assessment that the city will be unable to address its unfunded liabilities. The 2013 -2014 Grand Jury is very concerned that although cities have somewhat improved the transparency of their budgets (partly in response to prior Grand Jury recommendations), members of the public of Orange County cities will still find it difficult or impossible to understand the current and changing impacts of unfunded pension liabilities on their city budget. Of special concern to the Grand Jury is the lack of any traceability of OCERS OCSD/OCFA unfunded pension liabilities to the budgets of cities which outsource to these agencies. Given the potential impact of unfunded pension liabilities on Orange County cities and the current lack of information visible to the public, the Grand Jury finds that it is critically urgent that Orange County cities increase the transparency of this information. The Grand Jury believes that a better informed public will more effectively engage with their political leadership to address budget problems including the impact of large and volatile unfunded pension liabilities. There is, of course, the added benefit that being required to show budget planning further into the future and at a greater depth will require greater thoughtfulness on the part of cities in preparing such budgets. The 2013 -2014 Grand Jury also believes that a discussion of the critical assumptions which form the basis in projecting out -year budgets and the associated risks inherent in these assumptions is needed as part of any city's budget. REASON FOR THE STUDY Orange County cities are obligated to provide on -going pension benefits to retired employees (and often to those employees' survivors) and to current employees who will retire sometime in the future. These cities use two major pension systems to provide these pensions: the California Public Employees' Retirement System (CaIPERS) and the Orange County Employee Retirement System (OCERS). Significant portions of these pension systems are unfunded. Pensions for public employees are taking larger and larger percentages of OC City budgets both for contributions to fund future pensions for current employees and to make up for insufficiently funded pension obligations for retired employees. Cities are also dealing with their need to have current employees contribute more toward their retirement. This report examines the size of OC cities' unfunded pension liabilities for both their general /administrative / technical personnel and for their public safety personnel. It also examines metrics to help understand the relative financial impacts of unfunded liabilities on OC cities. 2013 -2014 Orange County Grand Jury Page 6 ORANGE COUNTY CITY PENSION LIABILTIES Media stories have raised major concerns that unfunded pension obligations are not only growing, but are growing exponentially at all levels of government. Unfunded pension liabilities with the Ca1PERS system have led two California cities to contemplate bankruptcy as a means of dealing with the problem, although such drastic steps have been avoided so far. The 2013 -2014 Grand Jury is aware that there is a political element to any discussion of unfunded pension liabilities. Unions may view the problem as being exaggerated as a means to weaken the power of public employee unions and strip hard -won benefits and influence future negotiations. Others are concerned with the affordability of pensions that many people describe as "generous ". The Public Employee Pension Reform Act (PEPRA) took effect in 2013 and is designed to end practices and policies that permitted very high pension payments to some retirees. No doubt some unfunded pension liabilities can be attributed to these practices, and it is true that most current employees are not subject to these reforms because they apply only to employees hired after January 1, 2013. However, the main contributors to current unfunded liabilities are the result of the Great Recession and changing actuarial assumptions. The focus of this report is forward looking. In whatever fashion OC cities got to their present situation, the unfunded liabilities are real and must be dealt with. The objectives of this report are to: 1. provide factual information about the extent of unfunded city pension obligations 2. provide sufficient background information on pensions such that members of the public can follow and engage in informed discussion on unfunded pension obligations and their impact on a city 3. assess the availability and utility of pension information in city budgets The public commitment to addressing the issues in a timely manner and accepting some pain now and not pushing the issues off to the future must be in place. If unfunded pension liabilities are not addressed, cities could reach a crisis where outcomes are painful enough that they affect the quality of life in Orange County. Money spent by OC cities to deal with unfunded pension obligations necessarily comes at the expense of other services cities provide to their residents. Catch up contributions to amortize these unfunded liabilities can be a significant expenditure in a city's budget, and the growth and unpredictability of these unfunded liabilities make it difficult to budget for future years. Orange County cities made painful cuts in services to their residents in response to the 2008 Great Recession and would like to restore these services as the economy recovers. However, restoration of services will be delayed or even further reduced in many cities until unfunded liabilities are dealt with. As a necessary part of the report's discussion of pension funding, some basic explanations of key pension related terms are provided. The Grand Jury hopes this background will be an additional 2013 -2014 Orange County Grand Jury Page 7 ORANGE COUNTY CITY PENSION LIABILTIES benefit of the report in helping the OC electorate to understand and make informed decisions in response to pension funding issues when they are discussed. Although Orange County is relatively wealthy compared to many other California counties, unfunded pensions are still an issue for the county, its cities, and other county governmental entities. Although unfunded pension liabilities are a problem for every County governmental entity, due to the limited Grand Jury resources, this report focuses on pension issues for the 34 cities in Orange County. Another motivation for this choice is that discussions of unfunded pension liabilities in the media have typically not gone to the level of detail of individual cities. A prior 201 t -2012 Grand Jury report' identified the need for greater transparency in public employee compensation, especially in the area of employee pension costs. That report was well written and had very valid recommendations. Subsequent to that report city budgets now contain far more pension information for individual classes of employees, indeed sometimes down to individual positions. However, the pension costs are not summarized in most city budgets such that the cumulative costs of current employee pension obligations are visible. It is not possible to see the forest for the trees. In addition, the focus of the 2011 -2012 Grand Jury report was on transparency of city pension - related compensation for current employees in city budgets. The need for transparency on the cumulative effect of pension obligations for both current and retired employee and on the impact of unfunded pension liabilities was not addressed. This report does not examine other pension systems of importance to Orange County, which definitely have their own unfunded pension liabilities. In particular Special Districts, Teacher Retirement Systems, and Community College Districts are not studied. This report also does not address the other elephant in the room, which is a post - retirement obligation for medical care and similar non - pension benefits, an issue which deserves attention similar to that needed for pension funding. BACKGROUND AND FACTS Table I lists the 34 Orange County cities alphabetically, their population, and the pension systems they use.. Note that some OC cities which use Ca1PERS for their Miscellaneous (non - safety) employees' pensions also have "outsourced" public safety (police and /or fire protection) to County agencies. Some cities contract with the Orange County Sheriff's Department (OCSD) for police services, some with the Orange County Fire Authority (OCFA) for fire protection and medical response services, and some cities contract with both. Cities that outsource for public safety services also inherit pension obligations (and any associated funding issues) from the County agencies to which they have outsourced. Ten OC cities rely on Ca1PERS for pensions ''TRANS PAR FNCY BREAK ING UP COMPENSATION FOR —BUT WHY HIDE PENSION COSTS"_ 2011 ?012 Orange County Grand Jury Report, Into / /www.oc randiw .or / dfs /trans arenc breakin u com nsationfo . df 2013 -2014 Orange County Grand Jury Page 8 ORANGE COUNTY CITY PENSION LIABILTIES for all their public safety as well as their non - public safety employees, eleven for one but not both of their public safety services, and thirteen outsource both fire and police services. Table 1. Orange County Cities, Population, and Pension Systems City Popula- tion Non - Safety Employee Retirement System Safety Employee - Police Protection Safety Employee - Fire Protection Aliso Viejo 47,823 CaIPERS Outsourced - OCSD Outsourced - OCFA Anaheim 336,365 CalPERS Inhouse - CalPERS Inhouse - CaIPERS Brea 39,282 CaIPERS Inhouse - CalPERS Inhouse - CalPERS Buena Park 80,530 CaIPERS In house- CaIPERS Outsourced - OCFA Costa Mesa 109,960 CalPERS Inhouse - CalPERS Inhouse - CaIPERS Cypress 47,802 CaIPERS in house - CalPERS Outsourced - OCFA Dana Point 33,351 CaIPERS Outsourced - OCSD Outsourced - OCFA Fountain Valley 55,313 CaIPERS Inhouse - CalPERS Inhouse - CaIPERS Fullerton 135,161 CaIPERS Inhouse- CalPERS Inhouse - CalPERS Garden Grove 170,883 CalPERS In house - CalPERS In house - CalPERS Huntington Beach 189,992 CaIPERS In house - CalPERS In house - CalPERS Irvine 212,375 CaIPERS Inhouse - CaIPERS Outsourced - OCFA La Habra 60,239 CalPERS In house - CalPERS LA County FD La Palma 15,568 CaIPERS In house - CalPERS Outsourced -OCFA Laguna Beach 22,723 CalPERS In house - CaIPERS In house - CaIPERS Laguna Hills 30,344 CalPERS Outsourced - OCSD Outsourced -OCFA Laguna Niguel 62,979 CalPERS Outsourced - OCSD Outsourced -OCFA Laguna Woods 16,192 CaIPERS Outsourced - OCSD Outsourced - OCFA Lake Forest 77,264 CaIPERS Outsourced - OCSD Outsourced -OCFA Los Alamitos 11,449 CaIPERS Inhouse - CalPERS Outsourced - OCFA Mission Viejo 93,483 CaIPERS Outsourced - OCSD Outsourced - OCFA Newport Beach 85,287 CalPERS Inhouse - CaIPERS Inhouse - CalPERS Orange 136,416 CaIPERS In house - CalPERS In house - CaIPERS Placentia 50,533 CalPERS Inhouse - CalPERS Outsourced - OCFA Rancho Santa Margarita 47,853 CalPERS Outsourced - OCSD Outsourced - OCFA San Clemente 63,522 Great West Outsourced - OCSD Outsourced - OCFA San Juan Capistrano 34,593 OCERS Outsourced - OCSD Outsourced -OCFA Santa Ana 329,427 CaIPERS Inhouse - CalPERS Outsourced - OCFA Seal Beach 24,168 CalPERS In house - CalPERS Outsourced - OCFA Stanton 38,186 CaIPERS Outsourced - OCSD Outsourced - OCFA Tustin 75,540 CaIPERS Inhouse - CalPERS Outsourced - OCFA Villa Park 5,812 none Outsourced - OCSD Outsourced - OCFA Westminster 89,701 CaIPERS Inhouse- CalPER$ Outsourced - OCFA Yorb Unnda 64,234 CaIPERS Outsourced - OCSD Outsourced - OCFA 2013 -2014 Orange County Grand Jury Page 9 ORANGE COUNTY CITY PENSION LIABILTIES Some notes on Table 1 follow: L Population data is from 2010 Census (except for Mission Viejo and Santa Ana where the data is from 2011) 2. Population data will be used later in the report as a way of scaling the size of unfunded liabilities on a per capita basis. (Using consistent census data, even if a bit old, does allow for a better apples -to- apples comparison among cities.) 3. La Habra in North OC outsources its fire protection to the adjacent Los Angeles County Fire Department 4. San Clemente uses Great West Retirement Systems for its non - safety employees, although it is considering transferring to CAPERS for these employees. It currently uses CalPERS for its five lifeguards 5. Villa Park no longer uses Ca1PERS for its non - safety employees, but unfunded liabilities still exist since the city previously did use CAPERS for pensions for these employees 6. Some CalPERS data later in the report is provided for "Safety" without specifying whether Safety includes Police or Fire or both. In other cases CalPERS provides data separately for Police and Fire 7. Many cities that currently outsource for fire and/or police services previously used in- house employees for these services and still use CalPERS for those retired employees and for the pension obligations incurred before active employees transferred to OCFA/OCSD Some Key Terms Defined Pension systems receive contributions from current employees and from their employers and accumulate and invest these assets to generate the stream of pension payments (the system's liabilities) for their members. The difference between the assets they hold and the assets they should have on hand to meet their current pension payout obligations and to invest for future pension payments are their unfunded liabilities. The ratio of total assets to total liabilities is the "Funded Ratio" for each pension system. Pension systems specify Annual Required Contributions from employers that are comprised of current employee pension contributions, corresponding employer contributions, and catch up contributions from employers to amortize their unfunded obligations. Appendix B provides an extensive glossary of pension related terms. Appendix C provides a general background discussion of pensions. 2013 -2014 Orange County Grand Jury Page 10 ORANGE COUNTY CITY PENSION LIABILTIES Overviews of CaIPERS and OCERS Both CaIPERS and OCERS provide top level descriptions in their Annual Financial Reports that give excellent summaries of their systems, their scope, and some key financial indicators. Extracts from these publications are provided below. California Public Employees' Retirement System (CaIPERS) Overview from its Comprehensive Annual Financial Report (CAFR) 2013' "Established by legislation in 1931, the System became operational in 1932 for the purpose of providing a secure retirement to State employees. A defined benefit retirement plan, CaIPERS provides benefits based on a member's years of service, age, and highest compensation. The California Public Employees' Retirement System ( CaIPERS) is now the nation's largest public pension fund with total net position in the Public Employees' Retirement Fund (PERF) of $262.0 billion as of June 30, 2013. CaIPERS membership consists of 1,104,237 active and inactive members and 574,759 retirees, beneficiaries, and survivors. The PERF paid $16.6 billion in retirement benefits to 566,975 annuitants during the Fiscal Year 2012 -2013, compared with $15.4 billion paid to 543,722 annuitants during the Fiscal Year 2011 -2012. Benefit payments increased primarily due to an increase in the number of retirees and the average benefit amount, including cost- of- living- adjustments (COLA). As of June 30, 2012, the date of the most recent actuarial valuation, the PERF was funded at 83.1 percent, based on the actuarial value of assets. A better measure of benefit security is the funded status on the market value of assets basis. On that basis, as a result of the 0.14 percent investment return in 2011 -2012, the funded status declined from 73.6 percent at June 30, 2011 to 69.6 percent at June 30, 2012. CaIPERS is making good progress recovering from the financial crisis of 2008 -2009 and Great Recession. As of June 30, 2013, the PERF was approximately 74 percent funded. The past fiscal year produced a landmark pension reform law in California called the Public Employees' Pension Reform Act (PEPRA), which went into effect on January 1, 2013. The reforms apply to nearly all California public employee pension systems, including CaIPERS, and generally to public employees hired on January t, 2013, or later, but not to public employees hired before the effective date." ' Comprehensive Annual Financial Report, Fiscal Year Ended June 13. 2013. CaIPERS document located at hitp://www.calpers.cit.gov/eip- docs/about/pubs2013- executive- summary.pdf 201.3 -2014 Orange County Grand Jury Page 11 ORANGE COUNTY CITY PENSION LIABILTIES Orange County Employee Retirement System ( OCERS) Overview from its Comprehensive Annual Financial Report (CAFR) 2012' " OCERS is a public retirement system that provides service retirement, disability, death and survivor benefits, administered in accordance with the County Employees Retirement Law of 1937 (Government Code Section 31450, et seq.), to its members. Member pension benefit payments increased by $46.3 million or 9.6% in 2012. The number of retired members and beneficiaries receiving a benefit payment increased 5% from 13,289 payees at the end of 2011 to 13,947 as of December 2012. The average annual benefit paid to retired members and beneficiaries during 2012 was $38,020 an increase of 4.4% over the average annual benefit payment of $36,422 in 2011. Contributions received from employers and employees totaled $629.0 million in 2012, an increase of 2.3% compared to 2011 contributions received of $614.8 million. The net year -to -date rate of return on investments on a fair value basis was approximately 12.26% in 2012, up from 0.74% return earned in 2011. OCERS maintains a funding goal to establish contributions that fully fund the System's liabilities, and that, as a percentage of payroll, remain as level as possible for each generation of active members. Based upon the most recent actuarial valuation as of December 31, 2012, prepared by the System's independent actuary, OCERS funding status for the pension plan, as measured by the ratio of the actuarial value of assets (which smooths market gains and losses over five years) to the actuarial value of liabilities, decreased from 67.03% at December 31, 2011 to 62.52% at December 31, 2012 due primarily to the impact of decreasing the investment assumed rate of return from 7.75% to 7.25 %. The December 31, 2012, OCERS funding status of 62.52% reflected a UAAL [Unfunded Actuarial Accrued Liability] of $5.7 billion. OCERS funding status when measured using market value of assets was 63.17% at the end of 2012 compared to 62.60% at the end of 2011. OCERS had been using a 7.75 % assumed rate of return in its annual actuarial valuations since 2004. In 2011, the Board [of Retirement] received a recommendation from the System's actuary to reduce the assumed rate of return to either 7.5% or 7.25 %. After a thorough review and lengthy discussions, the Board decided to maintain the existing assumption and revisit the matter in 2012 after they considered the revision to the investment asset allocation policy. Even with the subsequent improved projections for the revised asset allocation then evident, the System's actuary again recommended the System's rate of return be reduced to either 7.50% or 7.25 %. The Board adopted 7.25% 5 Comprehensive Annual Financial Report for the Fiscal Year Ended December 31, 2012. OCERS document 2013 -2014 Orange County Grand Jury Page 12 ORANGE COUNTY CITY PENSION LIABILTIES as the System's assumed rate of return to be effective with the 2012 actuarial valuation. The ensuing cost impact to the employer's contribution rate as a result of this assumption change will be phased -in over two years." Pension Reform in California (PEPRA) Recent reforms in California's public employee retirement systems have tried to address pension cost drivers. These reforms have created two classes of employees: 1) employees who were members of a California public employee pension system prior to January 1, 2013 ( "Legacy "), and 2) employees hired after January 1, 2013, who at the time of hiring were not members of a California public employee pension system ( "New "). Briefly excerpted below are highlights of the pension reform legislation published by The California State Association of Counties: "Two bills (AB 340 and AB 197) enacted the California Public Employees' Pension Reform Act (PEPRA). AB 340 made several changes to the pension benefits that may be offered to employees hired on or after January 1, 2013, including setting a new maximum benefit, a lower -cost pension formula for safety and non- safety employees with requirements to work longer in order to reach full retirement age and a cap on the amount used to calculate a pension. Among other things, AB 340 also enacted pension spiking reform for new and existing employees, required three -year averaging of final compensation for new employees, and provided counties with new authority to negotiate cost - sharing agreements with current employees." These reforms will mitigate the pension problem in the long term. However, since these reforms generally only apply to New employees, there remains a large problem to be dealt with in the next 10 -30 years, which is pension payments for employees already retired or covered as Legacy employees under the prior and far more generous pre -PEPRA rules. Given the slow rate of hiring by cities and the grandfathering of Legacy employees, it will be a long time before these reforms have any significant impact on pension liabilities. Unfunded liabilities of Ca1PERS and OCERS are both large and volatile Table 2 shows a history of the unfunded Public Employees' Retirement Fund (PERF) liabilities for CalPERS, both as dollar amounts and in terms of funding ratio of assets divided by liabilities.' Unfunded liabilities varied dramatically between 2003 and 2012 from $36.6 billion in unfunded liabilities in 2003 down to ($2.9) billion (parentheses indicate a negative number, which in turn implies an overfunded state) in 2007 and back up to $103.6 billion in 2012. The Great Recession from December 2007 to June 2009 led to the CalPERS funding ratio dropping dramatically from 101% in June of 2007 to 61% in June of 2009. California State Association of Counties, "2013 Public Employees Pension Reform Act Resources'. h¢p flwwwxsaccounties. ore/' 013-pliblic e pf v-es -pens on- reform - act- resources v Comprehensive Annual Financial Report, Fiscal Year Ended June 30, 2013. page 132, In d/ c Ip 20 / ip- docs/about/oubs /cafr- 2013.pdf 2013 -2014 Orange County Grand Jury Page 13 ORANGE COUNTY CITY PENSION LIABILTIES Table 2. Unfunded Accrued Liabilities Historical Data for Ca1PERS Actuarial Valuation Date Actuarial Accrued Liabiity (AAL) Market Value of Assets . UAAL Funded Ratio - Market Value of Assets Basis 6/30/2003 $180,922 $144,330 $36,592 79.77% 6/30/2004 $194,609 $167,110 $27,499 85.87% 6/30/2005 $210,301 $189,1031 $21,198 89.92% 6/30/2006 $228,131 $211,1881 $16,943 92.57% 6/30/2007 $248,224 $251,162 - $2,938 101.18% 6/30/2008 $268,324 $238,041 $30,283 88.71% 6/30/2009 $294,042 $178,860 $115,182 60.83% 6/30/2010 $308,343 $201,632 $106,711 65.39% 6/30/2011 $328,567 $241,740 $86,827 73.57% 6/30/2012 $340,429 $236,800 $103,629 69.56% Dollars are in Millions Figure l and Table 3 below are from an OCERS paper "The Evolution of OCERS Unfunded Actuarial Accrued Liability'. These data show the dramatic growth of unfunded pension liabilities in the OCERS system not dissimilar to CalPERS' experience. However, the data also provide a good example of why focusing on the raw dollars does not paint a complete picture and that funding ratios are needed to paint a complete picture. Figure I shows the OCERS pension system's accrued liabilities going from a small overfunded status in 2000 to an unfunded status approaching $5.7 billion by 2012. What is missing from Figure I is the fact that the OCERS assets were also growing fairly dramatically during this period, although not fast enough to keep up with liabilities growth. Table 3 shows the same dramatic growth in OCERS unfunded liabilities as shown in Figure 1, but also shows the growth in value of OCERS assets paralleling the growth in liabilities. Unfortunately, asset growth did not keep up well enough with liabilities growth to avoid a significant decline in funding ratio. OCERS went from a funding ratio of 104% in 2000 to 63% in 2012. However, it should be noted that the funding ratio was relatively stable between 2004 and 2010 while at the same time the unfunded liability went from $2.2 billion to $3.8 billion. Media coverage that only deals in terms of unfunded liabilities without looking at funding ratios is misleading. a The Evolution of OCERS Unfunded Actuarial Accrued Liability, dated December 31.2012, hap / /www ocers oro /pdf /finance/actuaiial /evolution of oeers uaal.pdC 2013 -2014 Orange County Grand Jury Page 14 ORANGE COUNTY CITY PENSION LIABILTIES Changes in the value of assets are not the only source of volatility in unfunded liabilities. For example, the seemingly small OCERS change in December, 2012, from an assumed rate of return on investments of 7.5% down to 7.25% caused the County of Orange's projected county retirement costs in 2015 -2016 to grow by $50 million from $377 to $427 million Figure L Unfunded Accrued Liabilities Historical Data for OCERS 7 7 J] ! 1 f i OCERSTota6UAAl 1 3 J i J I J _ ._ I I I I I I SS.CODAOD - 1 i 1 � t � -T r $n OOOt 1 i J , 1 ; 1 I i15 WF 1I� El T II ' 20W—m 2 1IXIAK20fH 1010 HIII�'25012 9E6, 1987ty1958 19ltl 1990 +991�1992�1993�194.r 99a19%1997Y1993 19992009 20MF201)2 =.Ztl8 � [The Y axis in OCER's paper should have indicated dollars are in thousands.] " County of Orange 2012 Strategic Financial Plan, December 18, 2012. Ittp / /al so 6 'o /web Publisher SarnlAgenda12 18 2011 tileslmaees156- 121 8201 2PDF 2013 -2014 Orange County Grand Jury Page 15 ORANGE COUNTY CITY PENSION LIABILTIES Table 3. Historical OCERS Assets, Unfunded Liabilities, and Funding Ratios Actuarial Valuation Date December 31 Valuation Value of Plan Assets Total Unfunded Actuarial Accrued Liabiliity (UAAL) Funded Ratio 1985 $613,863 $462,121 57.05% 1986 $713,506 $507,409 58.44% 1987 $821,884 $522,098 61.16% 1988 $985,030 $468,828 67.75% 1989 $1,136,210 $515,778 68.78% 1990 $1,297,575 $543,340 70.49% 1991 $1,576,131 $196,763 88.84% 1992 $1,807,319 $332,763 84.45% 1993 $2,024,447 $280,572 87.83% 1994 $2,177,673 $372,386 85.40% 1995 $2,434,406 $199,478 92.43% 1996 $2,675,632 $176,262 93.82% 1997 $3,128,132 $204,835 93.85% 1998 $3,504,708 $177,978 95.17% 1999 $3,931,744 $85,535 97.87% 2000 $4,497,362 ($162,337) 103.74% 2001 $4,586,844 $257,055 94.69% 2002 $4,695,675 $978,079 82.76% 2003 $4,790,099 $1,309,334 78.53% 2004 $5,245,821 $2,158,151 70.85% 2005 $5,786,617 $2,303,010 71.53% 2006 $6,466,085 $2,298,960 73.77% 2007 $7,288,900 $2,549,786 74.08% 2008 $7,748,380 $3,112,335 71.34% 2009 $8,154,687 $3,703,891 68.77% 2010 $8,672,592 $3,753,281 69.79% 2011 $9,064,355 $4,458,623 67.03% 2012 $9,469,208 $5,675,680 62.52% 2013 -2014 Orange County Grand Jury Page 16 ORANGE COUNTY CITY PENSION LIABILTIES METHOD OF STUDY The Grand Jury took the actions listed below to accomplish this study: 1. Interviews were conducted with HR managers from three selected cities concerning their pension systems. 2. Interviews were conducted with finance managers from three selected cities concerning their pension systems. 3. Interview(s) were conducted with CAPERS experts on how they compute the value of their assets, project their future liabilities, and identify and deal with unfunded pension liabilities. Key actuarial assumption changes recently made and other changes that may occur in the near future and their impact on unfunded liabilities were also discussed as well as the impact of pension reform and further pension reforms being contemplated. 4. Interviews were conducted with OCERS senior managers on how they handle unfunded pension liabilities. 5. Analyses were made of CalPERS- provided data on unfunded liabilities for each city's Public Safety (Fire and Police) and Miscellaneous (i.e., their management and administrative staff or more simply stated - their non - Public Safety staff) employees. The analysis looked at the absolute dollar values of the unfunded liabilities as well as measuring the liabilities on a per capita basis and relative to the size of the General Funds of each city. 6. Criteria for minimum expectations for budget content and quality were identified and an assessment of OC city budget data published online against these criteria was conducted. ANALYSIS Ca1PERS Data on Unfunded Pension Liabilities of OC Cities Ca1PERS provided the 2013 -2014 Grand Jury with the funding status of each Miscellaneous/ Safety pension plan which Ca1PERS provides for OC cities as shown earlier in Table 1. Table 4 shows data as of June 30, 2012, for those 34 OC cities. The city of Anaheim, which uses Ca1PERS for all its employees including fire and police, has an unfunded liability totaling $612 million. The city of Santa Ana has an unfunded liability totaling $461 million, and this total does not include any unfunded pension liabilities carried by the OCFA to whom Santa Ana outsources its fire protection. The highest funding ratios (around 80 %) are for "Second Tier" plans which pay a lower percentage of final salary and set a much higher minimum age of retirement. The rest of the plans vary significantly among OC cities, having funding ratios from a high of 77.5% to a low of 2013 -2014 Orange County Grand Jury Page 17 ORANGE COUNTY CITY PENSION LIABILTIES 59 %. The aggregate unfunded CalPERS pension liabilities of the 34 OC cities shown in Table 2 using Market Value of Assets (the current baseline approach) is over $3.3 billion dollars. It is important to note that Table 4 does not show the total exposure to unfunded pension liabilities for those cities which outsource fire and/or police services to OCFA and OCSD, respectively and should be read accordingly. (Table 1 showed which cities outsourced these services.) Table 4. Unfunded Pension Liabilities by City and Plan Using Market Value of Assets CITY PLAN Accrued Liability Market Value of Assets UAL Funded Ratio ALISO VIEJO MISCELLANEOUS $2,570,113 $1,983,533 $586,580 77.2% Anaheim MISCELLANEOUS $1,045,037,179 $712,496,875 $332,540,304 68.2% Anaheim SAFETY POLICE $565,213,783 $395,053,409 $170,160,374 69.9% Anaheim SAFETY FIRE $345,724,884 $236,154,719 $109,570,165 68.3% Brea SAFETY $191,751,7501 $127,377,145 $64,374,605 66.4% Brea MISCELLANEOUS $102,226,046 $72,815,975 $29,410,071 71.2% BUENA PARK SAFETY $185,001,886 $136,426,394 $4$575,492 73.7% BUENA PARK MISCELLANEOUS $109,953,460 $77,968,001 $31,985,459 70.9% Costa Mesa MISCELLANEOUS $225,186,488 $141,225,952 $83,960,536 62.7% Costa Mesa SAFETY POLICE $212,645,063 $129,017,818 $83,627,245 60.7% COSTA MESA SAFETY FIRE $161,328,098 $100,677,450 $60,650,648 62.4°/ CYPRESS SAFETY $65,259,215 $47,574,444 $17,684,771 72.9% Cypress MISCELLANEOUS $58,995,0201 $44,534,686 $14,460,334 75.5% DANA POINT MISCELLANEOUS $14,606,788 $11,273,064 $3,333,724 77.2% FOUNTAIN VALLEY SAFETY 1STTIER $144,802,443 $99,113,405 $45,689,038 68.40/. FOUNTAIN VALLEY MISCELLANEOUS 15TTIER $78,548,900 $51,520,993 $27,027,907 65.6% FOUNTAIN VALLEY SAFETY POLICE 2NDTIER $100,138 $75,901 $24,237 75.8% FOUNTAIN VALLEY MISCELLANEOUS 2ND TIER $31,032 $24,768 $6,264 79.8% FOUNTAIN VALLEY SAFETY FIRE 2NDTIER $422 $315 $107 74.6% Fullerton SAFETY $372,812,731 $247,403,994 $125,408,737 66.40/ Fullerton MISCELLANEOUS $227,961,5761 $170,608,016 $57,353,560 74.8% Garden Grove SAFETY $387,791,595 $251,498,319 $136,293,276 64.9% Garden Grove MISCELLANEOUS $231,098,351 $155,545,807 $75,552,544 67.3% Huntington Beach SAFETY $552,535,708 $350,648,228 $201,887,480 63.5% Huntington Beach MISCELLANEOUS $431,175,037 $298,603,254 $132,571,783 69.3% Irvine MISCELLANEOUS $262,485,223 $168,840,560 $93,644,663 64.3% Irvine SAFETY $162,425,349 $114,537,221 $47,888,128 70.5% LA HABRA SAFETY $124,453,943 $87,149,408 $37,304,535 70.0% La Habra MISCELLANEOUS $79,216,2761 $59,609,354 $19,606,922 75.2% LA HABRA SAFETY POLICE 2ND TIER $753 $563 $190 74.8% LA PALMA SAFETY $33,248,911 $24,518,826 $8,730,085 73.7% LA PALMA MISCELLANEOUS $22,117,712 $16,031,551 $6,086,161 72.5% LA PALMA SAFETY 2ND TIER $7,511 $5,895 $1,616 78.5% LA PALMA MISCELLANEOUS 2ND TIER $576 $460 $116 79.9% 2013 -2014 Orange County Grand Jury Page 18 ORANGE COUNTY CITY PENSION LIABILTIES CITY PLAN Accrued Liability Market Value of Assets UAL Funded Ratio Laguna Beach MISCELLANEOUS $80,291,956 $55,443,941 $24,848,015 69.1% LAGUNA BEACH SAFETY POLICE $57,585,435 $42,465,368 $15,120,067 73.7% LAGUNA BEACH SAFETY FIRE $45,735,935 $33,727,163 $12,008,772 73.7% LAGUNA BEACH SAFETY LIFEGUARD $4,662,336 $3,533,903 $1,128,433 75.8% LAGUNA BEACH SAFETY FIRE 2NDTIER $21,221 $16,085 $5,136 75.8% LAGUNA BEACH SAFETY POLICE 2ND TIER $119 $90 $29 75.6% a-- HILLS MISCELLANEOUS $11,150,476 $8,428,814 $2,721,662 75.6 % LAGUNA NIGUEL MISCELLANEOUS $21,979,272 $16,962,917 $5,016,355 77.2% LAGUNA NIGUEL MISCELLANEOUS 2ND TIER $576 $460 $116 7c LAGUNA WOODS MISCELLANEOUS $1,799,940 $1,389,138 $410,802 77.2% LAKE FOREST MISCELLANEOUS $16,886,211 $13,032,252 $3,853,959 77.2% LOS ALAMITOS SAFETY $24,809,272 $18,091,332 $6,717,940 72.9% LOS ALAMITOS MISCELLANEOUS $23,970,858 $17,582,564 $6,388,294 73.3% Mission Viejo MISCELLANEOUS $55,336,400 $37,971,519 $17,364,881 68.6% Newport Beach SAFETY $424,868,507 $252,131,503 $172,737,004 59.3% Newport Beach MISCELLANEOUS $302,006,850 $200,149,332 $101,857,518 66.3% Orange SAFETY $395,287,607 $265,861,717 $129,425,890 67.3% Orange MISCELLANEOUS $271,876,517 $187,707,479 $84,169,038 69.0% PLACENTIA SAFETY $69,929,197 $47,548,284 $22,380,913 68.0% PLACENTIA MISCELLANEOUS $44,543,255 $34,400,240 $10,143,015 77.2% PLACENTIA MISCELLANEOUS 2ND TIER $70 $56 $14 80.0% RANCHO SM MISCELLANEOUS 1STTIER $3,578,445 $2,373,225 $1,205,220 66.3% RANCHO SM MISCELLANEOUS 2ND TIER $66 $53 $13 80.3% SAN CLEMENTE SAFETY LIFEGUARD $4,771,964 $3,412,298 $1,359,666 71.5% Santa Ana SAFETY $886,484,216 $639,122,005 $247,362,211 72.1 °% Santa Ana MISCELLANEOUS $670,676,090 $456,703,295 $213,972,795 68.1% SEALBEACH SAFETY $55,626,490 $41,020,779 $14,605,711 73.7% SEALBEACH MISCELLANEOUS $37,784,994 $29,273,349 $8,511,645 77.5% STANTON MISCELLANEOUS $16,135,869 $11,943,044 $4,192,825 74.0% TUSTIN SAFETY $96,725,338 $67,268,742 $29,456,596 69.5% Tustin MISCELLANEOUS $79,578,148 $60,726,631 $18,851,517 76.3% TUSTIN SAFETY POLICE 2ND TIER $634 $474 $160 74.9% VILLA PARK MISCELLANEOUS $3,584,194 $2,504,067 $1,080,127 69.9% WESTMINSTER SAFETY $190,808,021 $140,326,367 $50,481,654 73.5% Westminster MISCELLANEOUS $103,786,629 $70,524,912 $33,261,717 68.0% Yorba Linda MISCELLANEOUS $52,656,198 $35,770,166 $16,886,032 67.9% Per Capita Assessment Since the cities in Table 4 vary greatly in size, the Grand Jury calculated these unfunded liabilities for a selected set of cities on a per capita basis to provide a normalized measure of the impact of these liabilities. Table 5 below provides this assessment for the 10 OC cities that rely on Ca1PERS for all their Miscellaneous and Safety employees. These 10 cities are the only ones for which an apples -to- apples comparison is possible because unfunded pension liabilities for those cities which outsource fire and /or police services to OCFA and OCSD are not available. 2013 -2014 Orange County Grand Jury Page 19 ORANGE COUNTY CITY PENSION LIABILTIES No city on the list stands apart as having an overwhelming liability when measured using this metric. However, the table does show that unfunded liabilities on a per capita basis do vary by a factor of well over two among these cities. Notably, the city with the highest per capita liability in the list is one of the wealthiest as well. Table 5. Unfunded Actuarial Liabilities (UAL) by City Computed on a Per Capita Basis City Total Misc plus Public Safety UAL City Population Per Capita UAL for Misc plus Public Safety Anaheim $612,270,843 343,248 $1,783.76 Brea $93,784,676 40,330 $2,325.43 Costa Mesa $228,238,429 111,918 $2,039.34 FOUNTAIN VALLEY $72,747,553 56,464 $1,288.39 Fullerton $182,762,297 138,534 $1,319.26 Garden Grove $211,845,820 174,389 $1,214.79 Huntington Beach $334,459,263 194,708 $1,717.75 Laguna Beach $53,110,452 23,176 $2,291.61 Newport Beach $274,594,522 87,068 $3,153.79 Orange $213,594,928 139,419 $1,532.04 Assessment of Unfunded Liabilities as a Percent of General Fund Revenues Another (and potentially better) way of comparing the burden of unfunded pension liabilities is by looking at the ratio of the unfunded pension liabilities of a city to one year's General Fund revenues for that city. Arguably, the differences in wealth of these cities would be reflected in the differences in their General Fund revenues tied to property and sales taxes and would provide a better measure of the burden of these liabilities on the city's resources. The Grand Jury calculated these ratios in Table 6 for the same 10 cities shown in Table 5. Again the cities when assessed using this metric vary by over a factor of well over two, and again there is not any city in the list that stands apart as having an overwhelming liability when measured using this metric. Also interesting is that different cities fare better depending on the metric used - per capita versus percent of General Fund. A significant drawback to the General Fund Percentage metric is the difficulty to achieve any reliable apples -to- apples comparison since city revenues are structured differently. In addition, some cities have their own water and power utilities which have their own associated revenues, and all cities have different sources of grant and bond revenues. 2013 -2014 Orange County Grand Jury Page 20 ORANGE COUNTY CITY PENSION LIABILTIES Table 6 — Unfunded Pension Liabilities as a Percentage of Annual General Fund Revenues CITY Total Misc plus Public Safety UAL Total General Fund Assumed Revenues from Current Adopted Budget Budget Year of Adopted Budget Unfunded Pension Liability asa Percent of General Fund Revenues Anaheim $612,270,8431 $491,847,000 2013 124.5 % Brea $93,784,6761 $49,431,294 2013 -2014 189.7% Costa Mesa $228,238,429 $103,250,486 2013 -2015 221.1% FOUNTAIN VALLEY $72,747,553 $37,032,042 2013 -2014 196.4% Fullerton $182,762,297 $154,333,191 2013 -2014 118.4% Garden Grove $211,845,820 $92,351,000 2013 -2014 229.4% Huntington Beach $334,459,263 $298,239,325 2013 -2014 112.1% Laguna Beach $53,110,452 $48,425,000 2013 -2014 109.7% Newport Beach $274,594,522 $255,333,875 2013 -2014 107.5% Orange $213,594,928 $90,139,158 2013 -2014 237.0% It is critical to note that attempts at measuring the impact of unfunded pension liabilities such as provided in Tables 5 and 6 would not be needed if the cities provided adequate budget data! It would be a simple matter of checking whether a city's predicted revenues for current and future years are sufficient to meet total planned expenditures in those years including the pension related expenditures. In order to have a balanced budget, increased pension expenditures will have to be matched with increased revenues and /or carts to other major budget items. Calculating Unfunded Liabilities using Market Value instead of Actuarial Value of Assets On April 17, 2013, the CalPERS Board of Administration approved a recommendation to change its amortization and smoothing policies. Prior to this change, CalPERS employed a smoothing policy which spread investment returns over a 15 -year period; after the change investment returns were smoothed over a 5 -year period. As a result, the dramatic impact of the 2007 -2009 Great Recession on investment returns, which fell in the middle of this 5 year period, was much more heavily weighted than when 15 years of returns were used. Table 7 below shows data for the plans listed in Table I as of June 30, 2012, but now showing unfunded liabilities computed using Actuarial Value of Assets instead of Market Value of Assets. These data were provided at Grand Jury request in order to assess the impact of the CalPERS decision in 2012 to use Market Value instead of Actuarial Value of Assets in computing unfunded liabilities. Recall that the aggregate unfunded liabilities using Market Value of Assets from Table 4 was $3.3 billion. The aggregate unfunded CalPERS pension 2013 -2014 Orange County Grand Jury Page 21 ORANGE COUNTY CITY PENSION LIABILTIES liabilities from Table 7 of the 34 OC cities calculated using Actuarial Value of Assets (the prior baseline approach) is $1.9 billion dollars. The 2013 decision by CalPERS to use Market Value instead of Actuarial Value resulted in an increase in the calculation of unfunded liabilities of OC cities of $1.4 billion! Table 7. Unfunded Liabilities using Actuarial Value of Assets CITY PLAN Accrued Liability Actuarial Value of Assets UAL (AVA) - Funded Ratio ALISO VIEJO MISCELLANEOUS PLAN $2,570,113 $2,343,664 $226,449 91.2% Anaheim MISCELLANEOUS PLAN $1,045,037,179 $854,296,252 $190,74D,927 81.7% Anaheim SAFETY POLICE PLAN $565,213,783 $473,232,689 $91,981,094 83.7% Anaheim SAFETY FIRE PLAN $345,724,884 $283,210,761 $62,514,123 81.9% Brea SAFETY PLAN $191,751,750 $152,827,533 $38,924,217 79.791 Brea MISCELLANEOUS PLAN $102,226,046 $87,360,7041 $14,865,342 85.5% BUENA PARK SAFETY PLAN $185,001,886 $162,856,5901 $22,145,296 88.0% BUENA PARK MISCELLANEOUS PLAN $109,953,460 $93,518,527 $16,434,933 85.1% Costa Mesa MISCELLANEOUS PLAN $225,186,488 $169,039,653 $56,146,835 75.1% Costa Mesa SAFETY POLICE PLAN $212,645,063 $153,878,616 $58,766,447 72.4% COSTA MESA SAFETY FIRE PLAN $161,328,098 $120,181,921 $41,146,177 74.5% CYPRESS SAFETY PLAN $65,259,215 $56,791,149 $8,468,066 87.09/ Cypress MISCELLANEOUS PLAN $58,995,020 $53,426,741 $5,568,279 90.65/ DANA POINT MISCELLANEOUS PLAN $14,606,788 $13,319,805 $1,286,983 91.2% FOUNTAIN VALLEY SAFETY FIRSTTIER PLAN $144,802,443 $118,314,8701 $26,487,573 81.7% FOUNTAIN VALLEY MISCELLANEOUS FIRSTTIER PLAN $78,548,900 $61,269,357 $17,279,543 78.09'/ FOUNTAIN VALLEY SAFETY POLICE SECOND TIER PLAN $100,138 $90,352 $9,786 90.2% FOUNTAIN VALLEY MISCELLANEOUS SECOND TIER PLAN $31,032 $29,439 $1,593 94.9% FOUNTAIN VALLEY SAFETY FIRE SECOND TIER PLAN $422 $378 $44 89.6% Fullerton SAFETY PLAN $372,812,731 $296,723,845 $76,088,886 79.60/6 Fullerton MISCELLANEOUS PLAN $227,961,576 $204,542,656 $23,418,920 89.7% Garden Grove SAFETY PLAN $387,791,595 $301,757,326 $86,034,269 77.8% Garden Grove MISCELLANEOUS PLAN $231,098,351 $186,575,8131 $44,522,538 80.7% Huntington Beach SAFETY PLAN $552,535,708 $420,518,8191 $132,016,889 76.1% Huntington Beach MISCELLANEOUS PLAN $431,175,037 $357,911,3941 $73,263,643 83.09'/ Irvine MISCELLANEOUS PLAN $262,485,223 $198,147,0711 $64,338,152 75.5% Irvine SAFETY PLAN $162,425,349 $134,847,3981 $27,577,951 83.0% LA HABRA SAFETY PLAN $124,453,943 $104,033,0611 $20,420,882 83.6% La Habra MISCELLANEOUS PLAN $79,216,276 $71,487,6041 $7,728,672 90.2% LA HABRA SAFETY POLICE SECOND TIER PLAN $753 $675 $78 89.6% LA PALMA SAFETY PLAN $33,248,911 $29,268,9141 $3,979,997 88.0// LA PALMA MISCELLANEOUS PLAN $22,117,712 $18,886,8951 $3,230,817 85.4% LA PALMA SAFETY SECOND TIER PLAN $7,511 $7,025 $486 93.5% LA PALMA MISCELLANEOUS SECOND TIER PLAN $576 $546 $30 94.8% Laguna Beach MISCELLANEOUS PLAN $80,291,956 $66,214,802 $14,077,154 82.5% LAGUNA BEACH SAFETY POLICE PLAN $57,585,435 $50,692,281 $6,893,154 88.09/. LAGUNA BEACH SAFETY FIRE PLAN $45,735,935 $40,261,203 $5,474,732 88.0% LAGUNA BEACH SAFETY LIFEGUARD PLAN $4,662,336 $4,206,731 $455,605 90.2% LAGUNA BEACH SAFETY FIRE SECOND TIER PLAN $21,221 $19,147 $2,074 90.2% LAGUNA BEACH SAFETY POLICE SECOND TIER PLAN $119 $107 $12 89.9% 2013 -2014 Orange County Grand Jury Page 22 ORANGE COUNTY CITY PENSION LIABILTIES CITY PLAN Aarued Liability Actuarial Value of Assets UAL (AVA) Funded Ratio LAGUNA HILLS MISCELLANEOUS PLAN $11,150,476 $10,018,286 $1,132,190 89.8% LAGUNA NIGUEL MISCELLANEOUS PLAN $21,979,272 $20,042,710 $1,936,562 91.2% LAGUNA NIGUEL MISCELLANEOUS SECOND TIER PLAN $576 $546 $30 94.8% LAGUNA WOODS MISCELLANEOUS PLAN $1,799,940 $1,641,350 $158,590 91.2% LAKE FOREST MISCELLANEOUS PLAN $16,886,211 $15,398,391 $1,487,820 91.2% LOSALAMITOS SAFETY PLAN $24,809,272 $21,596,207 $3,213,065 87.0% LOS ALAMITOS MISCELLANEOUS PLAN $23,970,858 $20,714,154 $3,256,704 86.4% Mission Viejo MISCELLANEOUS PLAN $55,336,400 $44,251,357 $11,085,043 80.0% Newport Beach SAFETY PLAN $424,865,507 $302,365,698 $122,502,809 71.2% Newport Beach MISCELLANEOUS PLAN $302,006,850 $238,869,992 $63,136,855 79.1% Orange SAFETY PLAN $395,287,607 $318,640,102 $76,647,505 80.6% Orange MISCELLANEOUS PLAN $271,876,517 $225,061,652 $46,514,865 82.5% PLACENTIA SAFETY PLAN $69,929,19,71 $56,759,921 $13,169,276 81.2% PLACENTIA MISCELLANEOUS PLAN $44,543,2551 $40,645,959 $3,897,296 91.3% PLACENTIA MISCELLANEOUS SECONDTIER PLAN $70 $66 $4 943% RANCHO SM MISCELLANEOUS FIRST TIER PLAN $3,578,445 $2,822,266 $756,179 78.9% RANCHOSM MISCELLANEOUS SECOND TIER PLAN $66 $63 $3 95.5% SAN CLEMENTE SAFETY LIFEGUARD PLAN $4,771,964 $4,061,973 $709,991 85.1% Santa Ana SAFETY PLAN $886,484,216 $766,597,172 $119,887,044 86.5% Santa Ana MISCELLANEOUS PLAN $670,676,090 $547,675,894 $123,000,1961 81.7% SEALBEACH MISCELLANEOUS PLAN $37,784,994 $34,588,228 $3,196,7661 91.5% SEALBEACH SAFETY PLAN $55,626,490 $48,967,828 $6,658,662 SS.O% STANTON MISCELLANEOUS PLAN $16,135,869 $14,111,427 $2,024,442 87.5% TUSTIN SAFETY PLAN $96,725,338 $80,300,869 $16,424,4691 83.0% Tustin MISCELLANEOUS PLAN $79,578,145 $72,395,531 $7,182,617 91.0% TUSTIN SAFETY POLI CE SECON D TI ER PLAN $634 $568 $66 89.6% VILLA PARK MISCELLANEOUS PLAN $3,584,194 $2,958,706 $625,488 82.5% WESTMINSTER SAFETY PLAN $190,808,021 $167,512,113 $23,295,908 87.8% Westminster MISCELLANEOUS PLAN $103,786,629 $84,550,883 $19,235,746 81.5% Yorba Li nda MISCELLANEOUS PLAN $52,656,195 $42,905,265 $9,750,933 81.5% Grand Jury Interviews As discussed under Method of Study, the Grand Jury conducted interviews with experts representing the three key players in the pension processes for cities: city human resources managers, city finance managers, and senior staff from CalPERS and OCERS, the primary pension systems used by OC cities. Before summarizing those individual discussions, it will be useful to share some candid comments without being more specific as to where these comments came from. The one word used to describe public employee pensions was "generous ", Given Grand Jury members' knowledge of Social Security and private employer pensions, it finds that adjective appropriate. However, whether the pensions were generous before pension reform or are generous even after pension reform, the focus of this Grand Jury is on the ability of cities to deal e 2013 -2014 Orange County Grand Jury Page 23 ORANGE COUNTY CITY PENSION LIABILTIES with unfunded obligations tied to these pensions and on how transparent city budgets are with respect to the impact of these liabilities. One other topic discussed was the recent practice of cities offsetting newly required increased employee contributions to their pensions by raising employees' salaries by a corresponding percentage. A city, instead of directly paying part of what is nominally the employee's share of pension contributions to the pension system instead pays it to the employee, who in turn pays it to the pension system as part of his /her contribution. To take a real example, the city of Garden Grove decided to offset an increase of 3% in public safety employee pension contributions with a 3 % increase in salary.° In some ways this looks like a very tempting zero -sum game; the new rules are followed, and the city's budget and employee's take home pay are essentially unaffected. The catch is that the employee will now have a base salary at retirement 3% higher than the pension system had been assuming in predicting its pension payout to that employee. This increased pension payment will be made for the remainder of that employee's life, i.e., a new unfunded pension liability has been created. Interviews with CalPERS Experts from CalPERS were very helpful in discussing with the Grand Jury the actuarial assumptions they use in projecting pension liabilities. Of particular interest was the recent decision by CalPERS to use Market Value of Assets instead of Actuarial Value of Assets. The choice is obviously a philosophical one since Actuarial Value had been the standard approach for many years. On April 17, 2013, the CalPERS Board of Administration approved a recommendation to change its amortization and smoothing policies. Prior to this change, CalPERS employed an amortization and smoothing policy which spread investment returns over a 15 -year period; after the change investment returns were smoothed over a 5 -year period. The consequence of this change in asset valuation method was discussed in the Analysis section of this report. Other possible changes to critical actuarial assumptions were also discussed. CalPERS plans to move from the mortality tables they currently use to tables used by the Social Security system, which reflect the longer life expectancies enjoyed by US residents. Also being considered is a further move to mortality tables which reflect the life expectancies of the residents of California who live almost two years longer than the average US resident. Good news for Californians is to "Police to get Raises to Offset Higher Pension Payments', Voice of Orange County article dated September 24. 2013, http//www.voiceofoc.oig/oc central /garden rove /article e96a94 d4- 24(le- Ile3- bl84- 0019bb2963f4 html 2013 -2014 Orange County Grand jury Page 24 ORANGE COUNTY CITY PENSION LIABILTIES not good news for pension liabilities since California pension systems can expect to be paying pensions to their retirees for two to four years longer than they had been planning. Interview with OCERS Senior Managers from OCERS discussed their perspective on unfunded pension liabilities for Orange County cities which outsource fire and/or police to OCFA and OCSD. OCERS experienced the same increase in unfunded pension liabilities for all pensions managed by OCERS as did CalPERS due to the impact of the Great Recession which began in 2007 on the value of their assets. In 2012, OCERS changed their assumed rate of return on assets from 7.75% to 7.25 %, which had a large impact on their computation of unfunded liabilities. They also moved to amortizing unfunded liabilities over 20 years instead of 30 years. Both these changes significantly increased the catch up contributions they require from their members. On a positive note, OCERS is starting to see a recovery in the current prices of their equity and real estate holdings, which is beginning to be reflected in the actuarial (smoothed) values of their assets. Like CalPERS, OCERS also worries about events that could cause their unfunded liabilities to grow — the greatest possible impact would come from a decision to further reduce the actuarial assumption of the rate of investment return on their assets. Another concern is whether even the 7.25% rate of return can be maintained over the next several years. Many markets have recovered to pre -Great Recession valuations after a six year bull market, which may be losing steam. Despite the uncertainties, OCERS managers are confident that their system is robust enough to work through short term ups and downs and that they will continue to improve their funding status. OCERS managers also pointed out that tracing the flow of OCERS unfunded pension liabilities to cities is much harder than tracing the equivalent flow from CalPERS to Orange County cities. CalPERS has a direct fiduciary relationship with individual cities and communicates the pension contributions required from each city via its Annual Valuation Reports. CalPERS provides Valuation Reports for pension plans for each city, one for Miscellaneous employees, one for Police, and one for Fire. Sometimes the Police and Fire plans are combined into a single Safety plan and sometimes plans are split into "Tier I" and "Tier 2 ", but it is always clear which plan applies to which city. (This structure is easily seen in Table 2.) OCERS does not have a direct fiduciary relationship with any OC city for public safety employees. The two agencies relevant to this report that OCERS has such a relationship with are the Orange County Fire Authority and County of Orange. The flow of unfunded pension liabilities from OCERS to the Orange County Fire Authority and to the County of Orange and then from the Orange County to the Orange County Sheriffs Department is reasonably straightforward. But the flow from those agencies to 2013 -2014 Orange County Grand jury Page 25 ORANGE COUNTY CITY PENSION LIABILTIES individual cities which outsource public safety functions to them is far more convoluted and far less visible. OCERS breaks down pension fund assets, liabilities, unfunded liabilities, and required annual contributions by "Rate Groups ". OCFA has its own unique rate groups with OCERS, one for general personnel and one for safety. OCERS does not have a direct relationship with the Orange County Sheriffs Department; its fiduciary relationship is with the County of Orange. However OCERS pensions for Sheriffs department employees can be isolated in the Annual Valuation Report for the County of Orange. A separate rate group for Sheriffs Department personnel (Group 7) within the overall Annual Valuation is where data for fund assets, liabilities, unfunded liabilities, and required annual contributions for police personnel can be found. OCERS has become more aware of the fact that their final pension "customers" are not only the County of Orange or even the OCSD and OCFA. In many cases individual OC cities that outsource fire and/or police services to OCFA and OCSD are their ultimate customers whose budgets are impacted as OCERS works to recover from unfunded liabilities. OCERS is working on developing better outreach to and communication with OC cities. A further discussion on tracing unfunded pension liabilities to cities which outsource to OFCA OCFA provides fire services to two classes of cities in Orange County, eight Structural Fire Fund (SFF) members and fifteen Cash Contract Cities (CCC) members. SSF cities have part of their property tax designated for fire protection, which is paid directly to the OCFA and is typically not shown on a city's budget. CCC cities are directly billed quarterly for fire services, and these expenditures are typically shown as an expenditure on a city's budget. Tracing the impact of OCFA's unfunded pension liabilities owed to OCERS to individual OC city budgets via material online does not appear possible. The OCFA makes general statements" about reducing its unfunded pension liabilities: "The policy .... was last updated on May 22, 2008 to require the OCFA to annually review the feasibility of accelerating payment of the unfunded pension liability." "OCFA employer retirement rates for safety members were scheduled to decrease by about 2.3 %, however, in order to help pay down OCFA's Unfunded Actuarially Accrued Liability (UAAL) the budget includes a carryover of the higher safety member employer rates Orange County Fire Authority 20132014 Adopted Budget. http�l/www.ocfa.ot-/ uvioaddndf /2013- 14%20Adooted`9o20Bud,et website I )df 2013 -2014 Orange County Grand Jury Page 26 ORANGE COUNTY CITY PENSION LIABILTIES from 2012/2013. This is a first small step to help address OCFA's intent to reduce long term liabilities." However, since "Salaries and Employee Benefits" are lumped together as a single line item throughout the remainder of the budget, there is no way of really seeing actual dollar amounts for what this UAAL is nor for planned expenditures to reduce it, if any. No discussion of how pension costs are allocated to individual CCC cities is provided, and no discussion of how pension costs are incorporated into current and future quarterly billings for SFF cities is provided. Interviews with City Hwnan Resource Managers Very early in the study interviews were held with the Human Resource (HR) Managers of three OC cities to get their perspective on how their city was dealing with pensions for their employees. The city HR managers were very open in answering Grand Jury questions, and all were consistent in describing their pension processes. The Grand Jury was informed that benefits including pensions are part of labor negotiations conducted with unions representing different groups of employees. Memoranda of Understanding (MOUs) document the results of these negotiations. Specific terms of city pension plans vary depending on the negotiated labor agreements and are drawn from a menu of plans supported by CalPERS. Pension plans specify the minimum age of retirement and the pension benefit to be paid in terns of a percentage of the employee's highest year of salary times the number of years of service. The total percentage is capped, but for Legacy employees there is no cap on highest salary used in computing the pension benefit. Hence there is no cap on the annual pension benefit paid. However, post - PEPRA employees' pensions are currently capped at - $130K. When a person is hired, that employee is assigned to a particular pension plan based on position and job title. Typically movement across pension plans is rare for current employees. A more typical situation is when an employee is hired from another city to do the same type of work, in which case pension benefits will be grandfathered. The HR managers helped clarify the impact of pension reform in the near term (not much since nearly all their employees are grandfathered as Legacy employees under the more generous pension agreements. Only New employees hired since January 1, 2013, fall under the PEPRA reformed pension rules. With the continued slowdown in hiring, only a small percentage of current employees are New (typically much less than 10 %). The managers were well aware of the issues associated with pensions, their impact on city finances, and the impact of pension 2013 -2014 Orange County Grand Jury Page 27 ORANGE COUNTY CITY PENSION LIAIIILTIES reform. In general they were confident that they had processes in place to avoid abuses of the pension rules by any attempt on the part of a retiring employee to include "non- PERSable" income as part of the base salary used to compute pension benefits. They (and city finance managers whom the Jury talked with separately) believe the PEPRA pension reforms will substantially reduce future unfunded pension liabilities. However, they were quick to point out that it will be many years before any significant effect falls to the bottom line of their city's pension liabilities. Interviews with City Finance Managers Interviews were held with the Finance Managers of the same three OC cities the Grand Jury had previously met with to interview the HR managers. These interviews sought their perspective on how their city was dealing with unfunded pension liabilities. The city finance managers were very open in answering Grand Jury questions and made helpful suggestions on some key areas on which to focus. _ The Finance Managers the Grand Jury met with project revenues and expenditures one year out in their formal budgets. Current year budgets are posted online as they are first proposed to and then adopted by their city. None of the cities' budgets shows separate line items at the summary level for pension expenditures, although pension /retirement benefit expenditures are provided in substantial detail at lower levels in their budgets. The Finance Managers acknowledged that it would be arduous to sum up all the detailed pension expenditures to arrive at the total pension related expenditures. Planning budgets are developed for several years further into the future and discussed internally, but not typically posted. When CalPERS does its Annual Valuation Report for a city's pension plan(s), CalPERS will discuss the report with the city and (very rarely) make adjustments based on those discussions. City Finance Managers use the Annual Required Contributions from the Annual Valuation Reports to develop the pension related expenditures for their budget. Each city withholds employee pension contributions and sends them bi- weekly to Ca1PERS. The city's employer pension contributions and any city catch up pension contributions are paid from the city General Fund to CalPERS. When asked about the recent move by CalPERS from an Actuarial Value basis for estimating current value of assets to a Market Value basis, no value judgment was expressed, but the resulting jump in unfunded liabilities was noted by all. The finance managers viewed the remaining actuarial assumptions used by CalPERS as reasonable under current economic conditions, but are aware that the assumptions can be expected to change if circumstances change. They are particularly sensitive to any downward adjustment to projected rates of return 2013 -2014 Orange County Grand Jury Page 28 ORANGE COUNTY CITY PENSION LIABILTIES on investment of plan assets as such an adjustment could substantially increase the actuarial value of their unfunded liabilities and hence their catch up contributions. Another concern discussed was the likely move by pension funds to use more realistic mortality assumptions based on Social Security tables, which will increase unfunded liabilities. In addition, Californians have the third highest life expectancy in the United States (only residents of Hawaii and Minnesota live longer, by L I I and 0.48 years, respectively) and have a life expectancy 1.7 years longer than the average expectancy for the United States total population. A further move to using mortality tables reflecting California's better than national average life expectancy, if implemented as expected, will further increase unfunded liabilities. City Finance Managers were consistent with their HR managers in their evaluation of the impact of pension reform. Nearly all current employees are Legacy employees; "New" employees typically comprise a few percent and well less than 10% of their total employee population. Only employees hired after January I, 2013 are New under the PEPRA definitions, and hiring of new employees has primarily occurred only in the cases of retirements of current employees. New hires to replace positions cut in response to the 2008 Great Recession have been on hold for the most part. Except for one of the three cities which outsourced fire protection to OCFA, all three cities interviewed by the Grand Jury use CaIPERS for their Miscellaneous employees and for their public safety employees. The city outsourcing lire protection is a Cash Contract City member of OCFA and is billed quarterly for fire services. The quarterly rate paid reflects an agreed to number of skilled personnel and physical assets such as fire stations, trucks, and ambulances. Pension costs including any catch up pension costs are included in the bottom line charge to the city and not separately accounted for. The managers were well aware of the issues associated with dealing with unfunded pension liabilities and their impact on their city's finances. However, none of them saw the liabilities, even at their current size, as catastrophic and were making adjustments in planned city expenditures to deal with them. They acknowledge that the adjustments will not come without pain as valuable city services that were cut in response to revenue shortfalls caused by the Great Recession will not be reinstituted as quickly as they had hoped. Significant amounts of the revenue increases they are seeing as the recovery develops will be going to catching up on unfunded pension liabilities. For example, one city's internal budget shows pension contributions ramping up from 8% to 12% of their General Fund and remaining there for several years and then ramping back down to 8% based on CaIPERS projected Annual Required Contributions. The link between Ca1PERS projected annual contributions and the city's budget is critical to establishing some confidence that unfunded pension liabilities, while painful, are not 2013 -2014 Orange County Grand Jury Page 29 ORANGE COUNTY CITY PENSION LIABILTIES catastrophic. It must also be noted, of course, that as discussed earlier in this report, unfunded liabilities can be volatile, and budgets as they are updated annually must keep in synch with changes in annual required contributions from CaIPERS. Some of the finance managers were working to develop better ways to present future expenditures for pensions in their budgets and in their briefings to their City Councils. In one case the finance manager was already planning a proposed update to their budget structure to clearly identify and separate pension expenditures at the top level of the city budget, an approach which matched the model the Grand Jury had brought to the interview. The ability of some of the finance managers to communicate the impact of unfunded pension liabilities to their City Councils and labor unions has led to some success in labor negotiations regarding pensions. Such agreements where employees have agreed to carry a larger portion of the burden of pension costs and in some cases agreed to reduced benefits have also made it possible for these cities to meet their overall pension funding obligations by offsetting increased amortization payments for unfunded liabilities with higher employee contributions. This better understanding of unfunded pension liabilities has also led to the consideration of accelerated catch up payments to CalPERS to increase the amount of assets being managed and to obtain the projected returns on those assets. Assessment of Budget Information Available Online Since cities are expected to make their budget information available online, the Grand Jury examined a large sample of OC cities' online budget information. Significant effort was expended reviewing and assessing how well each city's posted budget disclosed how it was dealing with its unfunded pension liabilities. Although the original intent was to look at budgeting for pension liabilities, it quickly became apparent that the quality and usefulness of posted budget information in all areas varied greatly among the cities. Fundamental deficiencies in budget information posted by OC cities need to be addressed before looking in detail at pension information in those budgets. Based on discussions with city Finance Managers and on its review of budget data posted by cities, the Grand Jury developed a conceptual "Ideal Budget Practices" model that will provide the necessary visibility to members of the public of how their cities are budgeting in general and budgeting for pension liabilities in particular. The paragraphs below describe the general criteria against which city budgets were assessed and then the criteria used to assess budgeting for pension expenditures. 2013 -2014 Orange County Grand Jury Page 30 ORANGE COUNTY CITY PENSION LIABILTIES Rather than scoring each city against each criterion, which would be very labor intensive and subject to possible error /oversight, the Jury has listed the key elements of the ideal model as separate recommendations to each city in this report. In some cases a city may already meet some of the recommendations, and some cities may agree to implement some of the recommendations and not others. However, as the recommendations are implemented, the members of the public of these cities will benefit from better budget information and from the discipline imposed on the cities in preparing high quality and transparent budgets. General budget information available online The Grand Jury assessed each city's web site for the general quality of budget information posted according to the following criteria: 1. Is annual budget information posted? 2. Are prior annual budgets posted, and if so, for how many years? 3. Does the current budget show prior year budgets, and if so, for how many years? 4. Does the current budget show future year budget projections, and if so, for how many years? 5. Are key assumptions about future revenues discussed? 6. Do budgets show prior, current, and projected future city General Fund reserves? 7. Is there any discussion of trends in city General Fund reserves? 8. Is there any discussion of a target for how much reserve the city deems desirable? 9. If the city reserves are below the desired level, is there a discussion of how the desired level of reserves will be accumulated? Prior year budget data are important in order to discern trends in revenues and expenditures. Just having prior year budgets posted is helpful, but including at least one year's prior budget data in the city's current budget makes it far easier to make comparisons than to separately download multiple files and bounce back and forth among them to look for trends. Budget information should include at least two prior years, as projecting a "trend" based on only two data points (current and most recent prior year) is dubious at best. Even more important than prior year budget information are projections of future year revenues and expenditures. Future year budget projections are especially important for understanding the impact of unfunded pension liabilities. Unfunded pension liabilities have five critical attributes: 1. Budgeted pension catch up contributions typically comprise a significant percentage of projected General Fund expenditures. 2. Projected annual contributions to catch up on unfunded liabilities are ramped up over two to five years by CaIPERS and OCERS, so the impact of unfunded liabilities is not all revealed by looking only one year into the future. 2013 -2014 Orange County Grand Jury Page 31 ORANGE COUNTY CITY PENSION LIABILTIES 3. Unlike most planned city expenditures, there is essentially no way to reduce or defer required pension contributions in future years. 4. Projected unfunded pension liabilities are at risk of large changes year to year because they are so dependent on the key actuarial assumptions used in calculating them. 5. The recent switch to Market Value of Assets used in calculating unfunded liability will introduce more volatility in the estimate of these unfunded liabilities. Pension specific budget information available online After assessing the general utility of city budget data, the Grand Jury looked for budget data relevant to assessing that city's budgeting for pension expenses and in particular for addressing unfunded pension liabilities. Each city's budget was assessed against the following criteria: 1. Are pension related sources of revenue and expenditures visible as separate line items under revenues and expenditures at the summary level of the budget? 2. Are city expenditures for pension related expenses broken out into at least 3 sub- categories: pension contributions withheld from employee pay, employer pension contributions for current employees, and employer catch up contributions for unfunded liabilities as assessed by the pension system? 3. Does the budget clearly specify the source of the Annual Required [Pension] Contributions (ARC) assessed by the pension system (typically CalPERS) used in its budget by document title and date? 4. Is there a clear mapping of the total Annual Required [Pension] Contributions (ARC) assessed by the pension system (typically CaIPERS) into one or more line items at the Summary level of the budget? 5. Annual Required [Pension] Contributions (ARC) are updated annually by the pension system. Does the budget discuss the risks associated with these predictions of future catch up contributions? The city needs to state whether they are using the projections provided or whether they have adjusted them down or up because the city believes the projections are respectively too pessimistic or too optimistic. The impact of OC cities' outsourcing for public safety on transparency of budget information —a tale of two cities When cities outsource public safety services to OCFA and OCSD, the transparency and quality of information provided can decrease dramatically. The paragraphs below look at the impact of outsourcing fire protection to OCFA and to OCSD on transparency in two cities' budgets. 2013 -2014 Orange County Grand Jury Page 32 ORANGE COUNTY CITY PENSION LIABILTIES Santa Ana In April 2012, the city of Santa Ana joined OCFA as its 23rd member city. OCFA added Santa Ana's 192 firefighters and 11 non -sworn personnel and 10 fire stations." Santa Ana continued to maintain its own police department, as it had done since its founding. Santa Ana's Adopted 2013 -2015 Budget° is an excellent example of what can happen to transparency of budget information when a city outsources a public safety service. The table below compares the information available in Santa Ana's budget for its police and fire services. Budget Information Metrics Police Fire Pages of budget information 47 9 FY 2013 -2014 Budget (Millions) $103.8 $40.2 Percent of total General Fund 51% 20% Budget line items 23 1 Total Personnel (FY 13 -14) 580 UNKNOWN Line items for personnel assignments to department/ office positions 144 46 Line items for personnel assignments to department/ office positions Containing Meaningful Data 144 0 The page counts of budget information for Santa Ana fire and police look proportional, but once the data are examined in any detail, the lack of comparable information is remarkable. The budget for in -house police services breaks down personnel expenditures by office /department and for each of these down to expenditures for salaries, retirement, health services, and even to training and membership /dues, etc. The job titles of authorized personnel budgeted to work in each office /department are also listed separately. For example, the budget shows 3 Police Sergeants budgeted for Police Investigations and 24 Police Sergeants to Field Operations, etc. In particular, expenditures for each office /department for "Salaries Retirement" are provided. (Unfortunately, a further sub - division of these retirement expenditures into employee, employer matching, and amortization of unfunded liabilities is lacking, which is a problem for all OC cities.) The information provided for outsourced fire services is reduced a single line of data (the one containing the $40.2 million total cost in the Table above), and all 46 authorized positions are listed as "0 "! 'Orange County Fire Authority 20133014 Adopted Budget, page 2. hnp // ocfa.org/ olo d /od01013- 14920Adopted %20Budeet websitel odC 13 City of Santa Ana FY 2013 -2015 Adopted Budget, hup H sat na ca /t-na t ce/b de tC013- 2015 /documents/2013- 2015 adopted budeet.pdt 2013 -2014 Orange County Grand Jury Page 33 ORANGE COUNTY CITY PENSION LIABILTIES Note that Santa Ana is a OCFA Cash Contract City (CCC), so at least the annual cost for fire protection does show up as a single line item on Santa Ana's budget. As we will see below, not even this single dollar value for the cost of fire protection is available in Lake Forest's budget. Lake Forest The city of Lake Forest outsources to OCFA for its fire protection and to OCSD for its police protection. A review of their Operating Budget for Fiscal Year 2013 -2014" shows a wide variation of the budget information provided by the city even when they outsource both safety services. Because Lake Forest outsources both fire and police services, Lake Forest's budget for Public Works was looked at as an example of the extent and quality of budget information provided for work to be done with in house resources. Lake Forest is a Structural Fire Fund (SFF) member of OCFA, and the cost of fire protection is deducted as a part of their property tax. As far as the cost of fire protection outsourced to OCFA to Lake Forest, the following is the entirety of the information provided in the their budget: "The Orange County Fire Authority funds its service in the City of Lake Forest using a formula derived from direct property tax income. The amount allocated is based on 11.11 % of I% of the total value of properties in Lake Forest." No dollar value is provided. Out -year projections, risks to cost of service and /or cuts in service if property tax values do not support current levels of service, etc., are not discussed. Budget Information Metrics Public Works Police Fire Pages of budget information 16 6 2 FY 2013 -2014 Budget (Millions) $9.4 $13.4 UNKNOWN Percent of total General Fund 24% 34% 0% Budget line items 56 36 NONE Total Personnel (FY 13 -14) 15 53.5 UNKNOWN Line items for personnel assignments to department/ office positions 1 9 NONE Line items for personnel assignments to department/ office positions Containing Meaningful Data 1 9 NONE As can be seen, the city does provide comparable levels of detail for planned expenditures for their public works and police services even though the first is done in -house and the latter is outsourced. In this instance there is actually better information about staffing levels for the "City of Lake Forest. operating Budget, Fiscal Year 2013-14, bttoWwww lakeforestcu gov /civic Jfilebank/blobdload.acn ?BlobID =8219 2013 -2014 Orange County Grand Jury Page 34 ORANGE COUNTY CITY PENSION LIABILTIES outsourced work for police protection than for the in house work. It is worth noting that the fact that police services are outsourced to OCSD is not called out explicitly in the Lake Forest budget and even the fact that it is outsourced is only apparent because the expenditures are labeled as "Contract Personnel ". Mechanisms for closing the loop from the unfunded OCERS pension liabilities for OCFA and OCSD through those agencies to the individual OC cities which outsource one or both of their public safety functions to them must be developed. Otherwise it will be difficult for the taxpayers of these cities to feel confident in their city's budgeting for these services. Conclusions Orange County cities have large unfunded pension liabilities. They do appear to have sufficient resources to amortize these liabilities, but these liabilities are volatile and need to be clearly addressed in cities' budgets in order to gain the confidence of their residents that this is actually the case. Such confidence can only be achieved by far greater transparency in their budgets. FINDINGS In accordance with California Penal Code Sections 933 and 933.05, the 2013 -2014 Grand Jury requires (or, as noted, requests) responses from each agency affected by the findings presented in this section. Although the findings are stated in terms of all Orange County cities, each city should respond to each finding as it applies to itself only. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation of Pension Funding Status of Cities in Orange County, the 2013 -2014 Orange County Grand Jury has arrived at 12 principal findings, as follows: El. OC cities have large unfunded pension liabilities both in terms of absolute dollar value and on a per capita basis and as a percentage of city General Fund revenues. F.2. OC cities' unfunded pension liabilities have been increasing on a year over year basis over the past several years as a result of the 2007 -2009 Great Recession and as key actuarial assumptions have been changed by CalPERS and OCERS. F.3. There are risks to OC cities of changes to key actuarial assumptions including revisions downward of expected returns on investment and the likely move by pension funds to using more realistic mortality assumptions, which would increase unfunded liabilities. F.4. Locating city budget information on a city web site is not always straightforward and prior year budgets are sometimes not posted by a city. E5. City budgets posted online project revenues and expenditures for at most one or two years into the future and sometimes do not show prior year data. 2013 -2014 Orange County Grand Jury Page 35 ORANGE COUNTY CITY PENSION LIABILTIES F.6. City budgets often lack footnotes explaining key assumptions, risks, and unusual changes in budgeted amounts or revenues and expenditures. F.7. City budgets sometimes do not provide trend data on the accumulation /drawdown of reserves and lack details on the city's plan for the size of its reserves or their intended uses. F.B. Cities can control most future expenditures by increasing or decreasing budgets for those expenditures as funds are available. However, increases to annual required contributions to their pension systems are imposed externally, change unpredictably, and when they occur, are ramped up over two to five years, F.9. City budgets posted online do not explicitly show the link between planned city pension expenditures and pension system actuarial reports and those reports' annual required contributions. Risks associated with predictions of future annual required pension contributions based on risk assessment data provided by their pension systems and/or based on their own analysis are not discussed. F.10. Pension costs for New (Post- PEPRA) employees will be substantially lower than for Legacy employees, but only a small percentage of current employees, typically only a few percent of total employees, are New. Substantially reduced pension costs for cities as a result of pension reform will not be realized for one or more decades. F.11. Ca1PERS Annual Valuation Reports for Miscellaneous and Safety City employees are available to the public online for a very small number of cities. F.12. OCERS provides pension plans for OCFA and OCSD employees, but there is no way to trace through publically available sources OCERS unfunded pension liabilities to the city budgets which outsource to OCFA and OCSD for fire and police services. Penal Code §933 and §933.05 require governing bodies and elected officials to which a report is directed to respond to findings and recommendations. Responses are requested, from departments of local agencies and their non - elected department heads. RECOMMENDATIONS In accordance with California Penal Code Sections 933 and 933.05, the 2013 -2014 Grand Jury requires (or, as noted, requests) responses from each agency affected by the recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. 2013 -2014 Orange County Grand Jury Page 36 ORANGE COUNTY CITY PENSION LIABILTIES Based on its investigation of Pension Funding Status of Cities in Orange County, the 2013 -2014 Orange County Grand Jury makes the following 8 recommendations: R.I. Each city should post its current and at least three most recent prior year budgets on the city's web site, and these budgets should be easily located. Each city's web site should have a search engine and a single search on the word "budget" should immediately link to the current budget. (F.1) (F.4) R.2. Each city's budget information should contain not only this year /next year budget projections, but should show at least five years of projected revenues and expenditures. Projections should be at the same level of detail and use the same line item structure as information for the current budget. (F.1) (E2) (F.3) (F.5) (F.8) (F.10) R.3.,Each city's budget should show separate line items for predicted employee and predicted employer contributions for the city pension systems. (F.8) (F.9) R.4. Each city's budget should provide trend data on the accumulation/drawdown of reserves and provide details on the city's policy for the size of its reserves and on the intended uses of such reserves. In particular any discussion of reserves should address possible use of reserves to accelerate amortization of unfunded pension liabilities. (F.7) R.S. Each city using CalPERS for one or more of its pension plans should identify the names and dates of the CalPERS Annual Valuation Report(s) which call out Annual Required Contributions (ARCS) for these plans and should provide a separate expenditure line item for predicted city catch -up contributions for the city pension systems based on these ARCS. A discussion of the risks associated with these CaIPERS projections should also be provided by the city. (F.1) (F.2) (F.8) (F.9) R.6. Each city which outsources fire or police services to OCFA and/or OCSD should require them to provide projections of future costs of service out at least five years into the future and require that these projected costs explicitly show the relationship of projected pension costs including amortization of unfunded liabilities. This level of pension cost information should be provided in budgeted expenditures for outsourced services. A discussion of the risks associated with these projections should also be provided by the agencies and incorporated in the city's budgets. (F.6) (F.12) R.7. Each city that has CalPERS as a provider for pensions should include a provision in their agreements with CalPERS that CalPERS will post their Annual Valuation Reports online. (F.11) 2013 -2014 Orange County Grand Jury Page 37 ORANGE COUNTY CITY PENSION LIAIIILTIES REQUIRED RESPONSES The California Penal Code §933 requires any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the agency. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court); except that in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g. District Attorney, Sheriff, etc.), such comment shall be made within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code Section §933.05 (a), (b), (c), details, as follows, the manner in which such comment(s) are to be made: (a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore. (b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore. (c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response 2013 -2014 Orange County Grand Jury Page 38 ORANGE COUNTY CITY PENSION LIABILTIES of the Board of Supervisors shall address only those budgetary /or personnel matters over which it has some decision making aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with Penal Code section §933.05 are required from: Required/Requested Responses Fl F2 F3 F4 F5 F6 F7 F8 F9 F10 Flt F12 Cities Councils of-. Aliso Viejo X X X X X X X X X X X X Anaheim X X X X X X X X X X X X Brea X X X X X X X X X X X X Buena Park X X X X X X X X X X X X Costa Mesa X X X X X X X X X X X X Cypress X X X X X X X X X X X X Dana Point X X X X X X X X X X X X Fountain Valley X X X X X X X X X X X X Fullerton X X X X X X X X X X X X Garden Grove X X X X X X X X X X X X Huntington Beach X X X X X X X X X I X X I X Irvine X X X X X X X X X X X X La Habra X X X X X X X X X X X X La Palma X X X X X X X X X X X X La gum Beach X X X X X X X X X X X X Ugum Hills X X X X X X X X X X X X La um Niguel X X X X X X X X X X X X L'r • Woods X X X X X X X X X X X X Lake Forest X X X X X X X X X X X X Los Alantitos X X X X X X X X X X X X Mission Viejo X X X X X X X X X X X X Newport Beach X X X X X X X X X X X X Orange X X X X X X X X X X X X Placentia X X X X X X X X X X X X Rancho Santa Margarita X X X X X X X X X X X X San Clemente X X I—X X X X X X X X X X X San Juan Capistrano X X X X X X X X X X X Santa Ana X X X X X X X X X X X X Seal Beach X X X X X X X X X X X X Stanton X X X X X X X X X X X X Tustin X X X X X X X X X X X X Villa Park X X X X X X X X X X X X Westminster X X X X X X X X X X X X Yorba Linda X X X X X X X X X X X X 2013 -2014 Orange County Grand Jury Page 39 ORANGE COUNTY CITY PENSION LIAIIILTIES Required/Requested Responses RI R2 R3 R4 R5 R6 R7 Cities Councils of: Aliso Viejo X X X X X X X Anaheim X X X X X X Brea X X X X X X Buena Park X X X X X I X X Costa Mesa X X X X X X Cypress X X X X X X X Dana Point X X X X X X X Fountain Valley X X X X X X Fullerton X X X X X X Garden Grove X X X X X X Huntington Beach X X X X X X Irvine X X X X X X X La Habra X X X X X X X La Palms X X X X X X X Laguna Beach X X X X X X Laguna Hills X X X X X X X Laguna Niguel X X X X X X X Laguna Woods X X X X X X X Lake Forest X X X X X X X Los Alamitos X X X X X X X Mission Viejo X X X X X X X Newport Beach X X X X X X Orange X X X X X X Placentia X X X X X X X Rancho Santa Margarita X X X X X X X San Clemente X X X X X X X San Juan Capistrano X X X X X X X Santa Ana X X X X X X X SealBeach X X X X X X X Stanton X X X X X X X Tustin X X X X X X X Villa Park X X X X X X X Westminster X X X X X mxx Yorba Linda X X X X X 2013 -2014 Orange County Grand Jury Page 40 ORANGE COUNTY CITY PENSION LIABILTIES APPENDICES 2013 -2014 Orange County Grand Jury Page 41 ORANGE COUNTY CITY PENSION LIABILTIES Appendix A — Acronyms ARC — Annual Required Contribution CAFR — [CaIPERS] Consolidated Annual Financial Report CaIPERS - California Public Employees' Retirement System COLA — Cost of Living Adjustment GDP - Gross Domestic Product (GDP) OC - Orange County OCERS - Orange County Employee Retirement System OCFA- Orange County Fire Authority OCSD — Orange County Sheriff /Coroner's Department PEPRA - Public Employees' Pension Reform Act PERF — Public Employees' Retirement Fund 2013 -2014 Orange County Grand Jury Page 42 ORANGE COUNTY CITY PENSION LIABILTIES Appendix B — Glossary Accumulated Plan Benefits - Benefits attributable under the provisions of a pension plan to employees for services rendered to the benefit information date. Actuarial Assumptions - Assumptions used in the actuarial valuation process as to the occurrence of future events affecting pension costs, such as mortality, withdrawal, disablement and retirement; changes in compensation and national pension benefits; rates of investments earnings and asset appreciation of depreciation; procedures used to determine the actuarial value of assets; characteristics of future entrants for open group actuarial cost methods and others relevant items. Accrual Basis - The recording of the financial effects on a government of transactions and other events and circumstances that have cash consequences for the government in the periods in which those transactions, events and circumstances occur, rather than only in the periods in which cash is received or paid by the government. Actuarial Accrued Liability - The portion, as determined by a particular cost method, of the total present value of benefits that is attributable to past service credit. Actuarial Gain (Loss) - A measure of the difference between actuarial and expected experience based upon a set of actuarial assumptions. Examples include higher than expected salaries increases (loss) and a higher return on fund assets than anticipated (gain). Actuarial Present Value - The discounted value of an amount or series of amounts payable or receivable at various times, determined as of a given date by the application of a particular set of actuarial assumptions. Amortization - (1) The portion of the cost of a limited -life or intangible asset charged as an expense during a particular period. (2) The reduction of debt by regular payments of principal and interest sufficient to retire the debt by maturity. Annuity - A fixed sum of money paid to someone each year, typically for the rest of their life. Auditor's Report - In the context of a financial audit, a statement by the auditor describing the scope of the audit and the auditing standards applied in the examination, and setting forth the auditor's opinion on the fairness of presentation of the financial information in conformity with generally accepted accounting principles (GAAP) or some other comprehensive basis of accounting. Comprehensive Annual Financial Report (CAFR) - The official annual report of a government. It includes the basic financial statements and their related notes prepared in 2013 -2014 Orange County Grand Jury Page 43 ORANGE COUNTY CITY PENSION LIABILTIES conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance - related legal and contractual provision, required supplementary information, extensive introductory material and a detailed statistical section. Defined Benefit Pension - A company pension plan in which an employee's pension payments are calculated according to length of service and the salary they earned at the time of retirement. Defined Contribution Pension - A defined contribution plan, unlike a defined benefit plan, does not promise a specific amount of benefits at retirement. In these plans, the employee or the employer (or both) contribute to the employee's individual retirement account. Entry Age Actuarial Cost Method - A method under which the actuarial present value of the projected benefits of each individual included in an actuarial valuation is allocated on the level basis over the earnings or services of the individual between entry age and assumed exit age(s). Normal Cost - The ongoing annual cost allocated to the system by a particular actuarial cost method for providing benefits (future cost). Normal cost payments are made during the working lifetime of the member. Pension - a regular payment made during a person's retirement from an investment fund to which that person or their employer has contributed during their working life. Pension Contribution - The amount paid into a pension plan by an employer (or employee), pursuant to the terms of the plan, state law, actuarial calculations or some other basis for determinations. Pension Trust Fund - A fund used to account for public employee retirement benefits. Pension trust funds, like nonexpendable trust funds, use the accrual basis of accounting and have a capital maintenance focus. PERS -able — payments to an employee which can be included as "salary" in calculation of pension benefits. UAAL Amortization Payment - The portion of pension contributions, which is designed to pay off (amortize) the unfunded actuarial accrued liability in a systematic fashion. Equivalently, it is a series of periodic payments required to pay off a debt. Unfunded Actuarial Accrued Liability (UAAL) - The excess of the actuarial accrued liability over the actuarial value of assets. 2013 -2014 Orange County Grand Jury Page 44 ORANGE COUNTY CITY PENSION LIABILTIES Appendix C — A Brief Primer on Pensions A discussion on pensions is needed as background to this report for those members of the public who may be aware of and concerned about problems with unfunded pension liabilities, but are not familiar with the sometimes arcane terms used in discussing them. The primer below is a synthesis and simplification of material publically available from various sources including: 1. Comprehensive Annual Financial Reports from CAPERS and OCERS 2. Discussions with senior management and technical staff of CalPERS and OCERS 3. Discussions with senior financial managers from three Orange County cities 4. Wikipedia Any violation of Einstein's (possibly apocryphal) dictum, "Everything should be made as simple as possible, but no simpler," is solely the responsibility of the Grand Jury and not of the various sources listed above. The paragraphs below briefly examine: L Pensions and their purpose 2. Two major types of pension plans 3. How pension benefits are specified 4. How pension benefits (actuarial liabilities) for retired members are computed 5. How pension benefits (actuarial liabilities) for active members are computed 6. Actuarial Accrued Liability (AAL) 7. Actuarial Value of Assets 8. What it means to say a pension has unfunded liabilities Pensions and their purpose A pension is a contract for a fixed sum to be paid regularly to a person, typically following retirement from service. There are many different types of pensions, including defined benefit plans, defined contribution plans, as well as several others. A retirement plan is an arrangement to provide people with an income during retirement after they are no longer earning a steady income from employment. Often retirement plans require both the employer and employee to contribute money to a fund during their employment in order to receive defined benefits upon retirement. A recipient of a retirement pension is known as a pensioner or retiree. Retirement pensions are typically in the form of a guaranteed life annuity, thus insuring against the "risk of longevity" (i.e., outliving one's savings). 2013 -2014 Orange County Grand Jury Page 45 ORANGE COUNTY CITY PENSION LIABILTIES Two major types of pension plans Retirement plans are classified as defined benefit or defined contribution according to how the benefits are determined and by their associated methods of funding. A defined benefit plan guarantees a certain payout at retirement, according to a fixed formula which usually depends on the member's salary and the number of years' of membership in the plan. A defined contribution plan will provide a payout at retirement that is dependent upon the amount of money contributed and the performance of the investment vehicles utilized. Defined benefit plans A defined benefit (DB) plan is a plan in which an employee's benefit on retirement is determined by a set formula, rather than depending on investment returns on that employee's savings. Traditionally, retirement plans have been administered by institutions which exist specifically for that purpose. A typical form of defined benefit plan is the final salary plan, under which the pension paid is equal to the number of years worked, multiplied by a percentage of the member's salary at retirement. Normally a minimum number of years worked and /or a minimum retirement age are specified. The employer's cost of a defined benefit plan is not easily predicted since it depends so much on the plan's ability to achieve the predicted rate of return on investment of the plan's assets as they are accrued. Since the pension benefit to the employee is defined, any shortfall in investment returns or longer than actuarially predicted employee life span post retirement for example must be made up by the employer. The employer assumes all the risk in providing the defined benefit. Defined contribution plans In a defined contribution plan, contributions are paid into an individual account for each member. The contributions are invested, for example in the stock market, and the returns on the investment (which may be positive or negative) credited to the individual's account. On retirement, the member's account is used to provide retirement benefits, sometimes through the purchase of an annuity which then provides a regular income. Defined contribution plans have become widespread all over the world in recent years, and are now the dominant form of plan in the private sector in many countries. In a defined contribution plan, investment risk and investment rewards are assumed by each individual /employee /retiree and not by the sponsor /employer, and these risks may be substantial. In addition, participants do not necessarily purchase annuities with their savings upon retirement, and bear the risk of outliving their assets. Despite the fact that the participant in a defined contribution plan typically has control over investment decisions, the plan sponsor retains a significant degree of fiduciary responsibility over investment of plan assets, including the selection of investment options and administrative providers. 2013 -2014 Orange County Grand Jury Page 46 ORANGE COUNTY CITY PENSION LIABILTIES Both the CalPERS and OCERS plans used by OC cities are defined benefit plans. How pension benefits are specified Pension benefits are specified as a percentage of highest annual average compensation times the number of years of service at the age of retirement. For example, "3% at 50 ", a benefit held by many city public safety employees, means that such an employee can retire at age 50 and receive 3% of his/her highest salary times the number of years of service. For example, a police officer hired at age 25 and retiring at age 50 with his/her highest annual salary at $160,000 will receive an annual pension of $120,000 (3% times 25 years times $160,000). How pension benefits (actuarial liabilities) for retired members are computed The pension liability for a retired member is computed based on his /her current pension payment, current age, and predictions of cost of living increases, inflation, and mortality. How pension (actuarial liabilities) for active members are computed The pension liability of an active member is computed based on his /her current salary, age, and predictions of the age at which the member will retire, salary increases occurring until retirement, inflation, and mortality. Other factors taken into consideration are the probabilities the member will become disabled or will terminate his /her service earlier than anticipated. Actuarial Accrued Liability The present value of the sum of active and retired members' pension benefits is the actuarial accrued liability Actuarial Value of Assets The value of pension plan investments and other property used by an actuary for the purpose of an actuarial valuation is the actuarial value of assets (sometimes referred to as valuation assets). Actuaries often select an asset valuation method that smoothes the effects of short -term volatility in the market value of assets. What it means to say a pension has unfunded liabilities The difference between the actuarial accrued liability and the actuarial value of assets accumulated to finance a public pension is its unfunded liability. 2013 -2014 Orange County Grand Jury Page 47 Q�sER�� AMERICA Explore and Er joy Our Heritage COMMUNITIES PROGRAM: 2016 COMMUNITY APPLICATION BACKGROUND Preserve America is a national program developed in cooperation with the Advisory Council on Historic Preservation (ACHP) and the U.S. Departments of the Interior, Agriculture, and other agencies. It highlights the efforts of the President and First Lady to preserve our national heritage. It has several components, one of which is the designation of Preserve America Communities. Preserve America Community designation is granted to eligible communities that meet three general criteria: 1) The community has recently supported a historic or cultural preservation project that has promoted and/or is currently promoting heritage tourism or otherwise fostering economic vitality, and also involved a public - private partnership between government entities and at least one civic association, non - profit, and/or business enterprise. 2) The governing body of the community has adopted a resolution indicating its commitment to the preservation of its heritage assets. 3) The community meets at least five criteria specified in three broad categories: discovering heritage through historic places, protecting historic resources, and promoting historic assets. ELIGIBLE COMMUNITIES Communities eligible to apply for designation as a Preserve America Community may be located in any U.S. state or territory, including the District of Columbia, and include: Municipalities of any size with a mayor, city council or board chair, or equivalent chief elected governing official; Counties with a county executive, board or commission chair, or equivalent chief elected governing official; and Clearly defined, populated, unincorporated communities that lack an elected governing official and that are located within a county or territory, provided the application for designation is submitted by the appropriate county or territorial government. All of the above may use this application form, which is available in .pdf or Word formats at www.preservcamerica.gov /communities - form.pdf or www.preserveamerica.gov/communities- form.doc. [Note: There are two other kinds of Preserve America Community application forms. One is for use by federally recognized Indian tribes or Alaska Native Village corporations with a tribal chairman, and for subdivisions of such tribes that are represented by elected officials within the greater tribal PRESERVE AMERICA COMMUNITIES PROGRAM: 2016 COMMUNITY APPLICATION Page I of 6 government — districts, villages, chapters, and other equivalent communities. For details, see wwev.preserveamerica.gov /tribal- communities form.pdfor www.preserveamerica.gov/tribal- communities form.doc. The other is for clearly defined neighborhoods within large cities or consolidated city- counties (cities with a population of 200,000 or higher). For details, see www.preserveamerica.gov /neighborhoods form.pdf or www.preserveamerica.gov/neighborhoods- form.doc.J THE APPLICATION PROCESS Copies of the application forms, sample resolution language, deadlines, and links to information on previously designated communities can be found at www. PreserveAmerica .gov /communities.html. Requests for information or forms can also be made by calling Judy Rodenstein at the ACHP at (202) 517 -1488, or by e- mailing her at jodenstein@achp.gov. Applications are received and reviewed by ACHP staff for completeness. Complete applications are shared with the National Park Service (NPS) for their independent review and concurrence. Communities with incomplete or unclear applications will be contacted by ACHP staff for additional information or clarification. When an application is judged complete by the ACHP and the NPS, the name of the community is added to a list pending the next announcement of designated communities. Announcement of designated Preserve America Communities will take place several times a year and may be made by official letter or at a public event. Attached to your application, please provide the name and title of the head of your local convention and visitors bureau and of your state tourism office, as well as both mailing addresses. if your community is designated as a Preserve America Community, the ACHP will notify them of your designation. HELPFUL HINTS FOR PREPARING SUCCESSFUL APPLICATIONS Communities should follow some simple guidelines in preparing their applications for Preserve America Community designation to ensure their applications are complete and can be processed in a timely manner (item numbers refer to sections of the application form): Item 1: Be sure to consult with your State Historic Preservation Officer while developing your application and mail him or her a copy of the completed application. Items 3 & 7. The application must be signed and submitted by the chief elected governing official of the jurisdiction. In most cases, this will mean a mayor, county executive, or chair of a Board of Supervisors. If someone else is designated to do this, there should be a clear authorization for this delegation included in the submission package. Item 4A: The project you select to feature needs to be one that has been supported by the community within the last three years and is complete and/or already having a positive economic impact. Make sure the project description includes information on the public and private partners involved and their roles, and clearly documents how the specific project is promoting heritage tourism or economic vitality in the community. Any data you can share on the economic or other impacts of the project is desirable. If the project is a program that has been ongoing for longer than three years, please specify what has been added or changed within that time frame. Please note that a history of the community, a list of projects supported over the years, or information about planned projects that are still prospective do not meet this criterion. However, such information is welcome as supplementary material. Item 4B: Resolutions of the local government should be recent and specific to the Preserve America initiative, or should be comprehensive and current enough (within the last five years) to show the PRESERVE AMERICA COMMUNITIES PROGRAM: 2016 COMMUNITY APPLICATION Page 2 of 6 community's present commitment to the preservation of its heritage assets and the goals of the program. Make sure the resolution is signed and dated, and that the governing body that has adopted it is clearly identified. Model resolution language is available at www.PreserveAmerica.gov/communities.html. Item 4C: Communities should carefully read through the additional criteria for designation and ensure that they adequately document how they meet at least five of the criteria, including at least one from each of the three categories (discovering heritage through historic places, protecting historic resources, and promoting historic assets). If there is any question about how well the community meets one of the five selected criteria, then the community should provide information on more than five. Communities should feel free to contact ACHP staff if they have a question about how they fulfill and document specific criteria. Item 4C(l): An "ongoing, publicly available inventory of historic properties" means the product of a survey that identifies, describes, and evaluates the condition of historic properties in the community. Be sure to include information on when this was done, any subsequent updates, as well as how and where the public can access the results of this research. Item 4C(5): The "local governmental body, such as a board or commission, charged with leading historic preservation activities within the community" should be specifically authorized or established by the local government to carry out its duties. Its members must be appointed by the local government and its duties spelled out in a governmental document. Non -profit or quasi - governmental organizations with ex- officio membership of a governmental representative do not meet this requirement unless they have a recognized role under a governmental charter or ordinance. Item 4C(1O): "A historic preservation awards or recognition program" means a program through which the community seeking designation gives awards recognizing outstanding efforts in historic preservation. It does not mean that the community has received awards for its preservation efforts. Item 4D: Communities are asked to submit three to five color images that illustrate their community's character and show people using and enjoying local historic resources. Digital images on a CD with a minimum resolution of 300 dots per inch (dpi) are preferred; 4" x 6" or larger photographs are acceptable. Photocopies and images printed on paper are not acceptable. Please provide captions and credits for these images and identify the community on the CD or on the back of the photos. Do not superimpose captions, credits, or dates on the images. The images may be used on the Preserve America Web site or for other publicity purposes, which will increase the visibility of the community. Item 5: Additional materials are strongly encouraged, since applications will certainly be enhanced with a showing of community interest and involvement through letters of endorsement and illustrative materials. However, they are not required. Items 6 &7. Make sure to read the release authorization and logo use agreement, and to have the chief elected official sign and date the application. Since applications are reviewed by at least two reviewers, remember to submit an original and one copy set. PRESERVE AMERICA COMMUNITIES PROGRAM: 2016 COMMUNITY APPLICATION Page 3 of 6 PRESERVE AMERICA COMMUNITIES PROGRAM: 2016 COMMUNITY APPLICATION Application Form 1. GENERAL INSTRUCTIONS Communities must consult with their State Historic Preservation Officer (SHPO) during the development of this application and send a copy of the completed application to the SHPO when it is submitted. SHPO names and addresses can be found at www.ncshpo.org or by calling (202) 624 -5465. ❑ Check this box to signify that you have completed the above instructions. Applications must be submitted in hard copy and will not be returned. Please provide an original and one copy set of all materials and three to five related images as described on page 5. Please do not use sheet protectors, binders, or tabbed dividers. Submission well in advance of one of the quarterly deadlines (March 1, June 1, September 1, December 1) will facilitate timely review. Submit applications to: Preserve America Communities Advisory Council on Historic Preservation 401 F Street NW, Suite 308 Washington, DC 20001 -2637 Sources of additional information: Office of Preservation Initiatives Advisory Council on Historic Preservation (202) 517 -1488 Web site: www.PreserveAmefca.gov 2. COMMUNITY INFORMATION All incorporated or unincorporated communities are eligible to seek designation as Preserve America Communities. Eligible tribal communities and neighborhoods within very large cities should use specialized application forms available at www. PreserveAmerica .gov /communities.html. Name of community seeking designation ❑ City ❑ County ❑ Other This community is in Congressional District Name of Certified Local Government? Population County, State or Territory. 3. APPLICANT INFORMATION The applicant for designation can only be one of the following: • A mayor or equivalent chief elected governing official of an incorporated community: or • A county executive or equivalent chief elected governing official of a county or of the appropriate jurisdiction of an unincorporated community Applicant's Name: Mailing Address: City: Phone: State: Fax: Street/Delivery Address (No Post Office Boxes): City: Attn: For more information, contact: Phone: Fax: Phone: State: Title: E -mail: Title: E -mail: Zip: PRESERVE AMERICA COMMUNITIES PROGRAM: 2016 COMMUNITY APPLICATION Page 4 of 6 4. DESIGNATION CRITERIA AND REQUIRED DOCUMENTATION A community will qualify for designation as a Preserve America Community if A. The community has supported (within the last three years) a historic or cultural preservation project that has promoted and /or is promoting heritage tourism or otherwise fostering economic vitality. The project must have involved a public- private partnership between government entities and at least one civic association, non -profit organization, or business enterprise. (Please provide a written description of one specific project, documenting how it fulfills these requirements. Do not exceed 500 words.) B. The governing body of the community has recently adopted a resolution indicating its commitment to the preservation of its heritage assets. (Please include a signed and dated copy of the resolution.) C. The community meets at least five of the criteria outlined below (with at least one from each specified category). (Please check the criteria below under which you are seeking Preserve America Community designation. For each criterion, please provide a written description of no more than 250 words explaining how your community meets the criterion.) Category 1: Discovering Heritage Through Historic Places ❑ An ongoing, publicly available inventory of historic properties ❑ A community- supported museum, interpretive facility, archive, or local history records collection (private or public) ❑ Active citizen volunteer involvement, such as a docent or guide program for interpretation of local history and culture, or volunteer participation in improving the condition of heritage assets within the community ❑ Opportunities for children to learn about local heritage in the schools, through either established curriculum or special outreach activities Category 2: Protecting Historic Resources ❑ A local governmental body, such as a board or a commission, charged with leading historic preservation activities within the community ❑ An adopted community-wide historic preservation plan that is being implemented ❑ A historic preservation review ordinance and volunteer or professional staff to implement it Category 3: Promoting Historic Assets ❑ A local heritage tourism program, or active participation in a regional program, with such promotional material as a walking/driving trail or tour itinerary, map of historic resources, etc. ❑ A regularly scheduled heritage observance or event ❑ A historic preservation awards or recognition program D. Submit three to five images that show people using and enjoying your historic cultural and natural resources (CD with digital images scanned at a resolution of 300 dots per inch (dpi) or greater or 4" x 6" color photographs) and provide caption and credit information for each. E. Provide approximately 100 -200 words on the history of your community, including founding date, key events, evolution of the economy, and information on local historic attractions not otherwise noted in the application. This information will be edited and incorporated into profiles of designated communities (for examples see www. preserveamerica .gov /PAcommunities.html). PRESERVE AMERICA COMMUNITIES PROGRAM: 2016 COMMUNITY APPLICATION Page 5 of 6 5. ADDITIONAL SUPPORTING MATERIAL Written endorsements by preservation organizations, civic organizations, members of Congress, and other elected officials are encouraged. These should be addressed to Mr. Ronald D. Anzalone, Director, Office of Preservation Initiatives, Advisory Council on Historic Preservation, 401 F Street NW, Suite 308, Washington DC 20001 -2637. (Please provide copies of any letters of endorsement.) Documenting participation in other nationwide preservation programs is encouraged. (Please let us know if your community is a Certified Local Government, a Main Street Community, a recipient of funds under the Save America's Treasures program, or a recipient of Transportation Enhancements funding fir historic preservation, etc.) Brochures, additional photos, reports, publications, etc. may be appended if desired. 6. RELEASE AUTHORIZATION/LOGO USE AGREEMENT The undersigned gives the ACHP and the Preserve America Communities program absolute right to use, in whole and in part, all material submitted in furtherance of this application. All submitted materials become the property of Preserve America. Materials may be used in program activities, including publications and Web sites. Preserve America is given permission to make any editorial changes and/or additions to the subject material. The undersigned guarantees to have on file all necessary individual agreements and signatures to ensure Preserve America unencumbered use of all associated material. I further acknowledge that, if designated a Preserve America Community, our community will be authorized to use the Preserve America logo or to refer to Preserve America solely for non - commercial purposes related to the promotion and public understanding of the Preserve America Community designation and the Preserve America initiative. I agree that the logo, or any reference to Preserve America, will not be used in for -profit commercial applications or ventures and acknowledge that the Preserve America logo is a registered trademark entitled to the legal protections attendant to such status. I further agree that any use of the Preserve America logo, or any reference to Preserve America, will be consistent with the stated purposes of the Preserve America Community designation and the Preserve America initiative. I further acknowledge that the authorizations described in this paragraph can be revoked at any time and for any reason by the ACHP. 7. SIGNATURE OF APPLICANT The chief elected governing official of the community must sign and date this form. Signature must be original and in ink. Signature: Name (please print): Title: Organization (if applicable): Date: PRESERVE AMERICA COMMUNITIES PROGRAM: 2016 COMMUNITV APPLICATION Page 6 of 6