October 2024 OEA Retirement Systems Update

Field Hearing on GPO-WEP Repeal Offers Opportunity for Advocacy

U.S. Senator Sherrod Brown has announced a field hearing on the Social Security Fairness Act (S. 597). This is vital legislation Senator Brown has sponsored that would fully repeal the Government Pension Offset (GPO) and Windfall Elimination Provision (WEP). These provisions of federal law unfairly punish public service by reducing the earned Social Security benefits of retirees who collect a public pension in states like Ohio.

The Senate Finance Subcommittee on Social Security, Pensions, and Family Policy hearing will be held on Friday, June 7, 2024, at the Columbus Firefighters IAFF Local 67 Union Hall (379 W Broad St, Columbus, OH 43215). The hearing is scheduled from 10:00 a.m. to noon. OEA is strongly encouraging members to attend the hearing, click here to let us know you plan to attend the hearing.

OEA is also asking members to submit testimony in support of the legislation to repeal GPO and WEP to the subcommittee. Any individual or organization wanting to present their views for inclusion in the hearing record should submit in a Word document, a single-spaced statement. No other file type will be accepted for inclusion. Title and date of the hearing, and the full name and address of the individual or organization must appear on the first page of the statement. Statements must be received no later than two weeks following the conclusion of the hearing.
Statements can be emailed to: Statementsfortherecord@finance.senate.gov

The NEA website has additional resources on the issue. Click here to view the toolkit on GPO and WEP.

STRS Board Update: AG Files Suit Against Two STRS Board Members, Board Elects New Chair and Vice Chair

Attorney General Dave Yost has filed a lawsuit seeking to remove two members of the STRS Board following serious allegations about their potential involvement in trying to promote risky investment schemes. In a recent message to members, OEA President Scott DiMauro stated, “OEA is very concerned about allegations in the whistle-blower documents and in the state’s lawsuit. We look forward to learning the full truth of the matter as the AG’s investigation moves forward.”

Meanwhile, the STRS Board voted 6-5 to replace the Chair and Vice Chair of the Board. On Wednesday, May 15, 2023, after several motions and debate, the STRS Board voted to create a new board policy allowing for the removal of the Chair and Vice Chair with a majority vote. Subsequently, Dale Price and Carol Correthers were removed as Chair and Vice Chair, respectively. Rudy Fichtenbaum was elected Chair and Elizabeth Jones was elected Vice Chair. Those terms are to run through August.

In other Board news, Michelle Flanigan was elected to a four-year term representing contributing members of the system. Flanigan defeated OEA-recommended candidate Sandy Smith Fischer with approximately 85% of the vote. Flanigan’s term will begin on September 1, 2024.

STRS Investigates COLA and Inflation Protection

At its regular May meeting, the STRS Board passed a motion to direct staff to gather information about potential benefit changes. The Board directed staff to explore the feasibility of providing a one-time supplemental benefit to retirees in December 2024, serving as a form of inflation protection. Additionally, the motion called for an accelerated review of the upcoming actuarial valuation. The Board hopes to hear from the actuary in November as to whether funds would be available to offer some amount of a one-time cost-of-living allowance (COLA) for the 2026 fiscal year.

Actuarial Valuation Shows OPERS 84% Funded

OPERS ended 2023 with a funded ratio of 84% for the defined benefit pension plan. Further, the amortization period, or amount of time OPERS is projected to pay off its unfunded liabilities based on current assumptions, was 15 years. State law requires this funding period to be no greater than 30 years.

The Board’s actuary, Gabriel, Roeder, Smith & Co., noted that the funded ratio remained the same as the previous year, while the amortization period declined by one year. The investment return on a market-value basis was 11.06%, which was greater than the assumed rate of 6.9%. Investment gains and losses are smoothed into the valuation over a four-year period.

Click here to download a copy of this June 2024 Report to the OEA Board of Directors. Previous Retirement Systems Updates can be viewed under the Affiliate Resources tab on the OEA website.

ORSC Discusses Forthcoming SERS Actuarial Audit, Report on State Retirement Systems

On April 11, 2024, the Ohio Retirement Study Council (ORSC) met and discussed a number of items. Based on a subcommittee recommendation, the full council approved a request for proposals for an actuarial audit of the School Employees Retirement System (SERS). State law calls for this type of audit on all state retirement systems once every 10 years. Firms have until June to respond to the RFP.

Additionally, the ORSC released a historical review of all five statewide pension systems. The report compares the fiscal health of the systems since 1998. The report, which was completed by ORSC staff, contains several recommendations for legislative changes: ensuring that funding for discretionary benefits like health care remains secondary to full funding of pension benefits; standardizing Board authority for all systems to make changes in eligibility and benefits; and implementing an amortization period shorter than the current 30-year standard.

While the report offers helpful historical context and a detailed comparison of the five retirement systems, OEA has a different view of some of the legislative recommendations. Requiring a shorter amortization period coupled with broader board authority over benefits could have the effect of reducing member benefits. The more conservative requirement of a shorter funding period should not be considered. Currently, three of the five systems (STRS, OPERS, and Police and Fire) are seeking legislation to increase employer contributions. This is being sought to better provide more financial stability and aid in restoring benefits such as reducing retirement eligibility requirements and inflation protection for STRS members. Ohio’s public employers pay a low rate when compared to other states that do not participate in Social Security and the employer contribution rate has remained unchanged for decades.

It should be noted that none of the recommendations of the ORSC report have been introduced in any pending legislation. The full report can be viewed here.

Appeals Court Ruling Results in Abrupt End to STRS Board Meeting

On Thursday, April 18, 2024, the 10th District Court of Appeals ruled that Wade Steen had been improperly removed by Governor DeWine and ordered for him to be reinstated. This happened during a scheduled meeting of the STRS Board. Steen’s replacement, Brian Perera, attended the first part of the meeting. However, upon return from a midday executive session, Steen retook the seat.

DeWine removed Steen about a year ago, citing his attendance record and meetings and perceived advocacy for specific investment managers. DeWine appointed G. Brent Bishop in Steen’s place, but Bishop later resigned prompting DeWine to appoint Perera, previously budget director for the Ohio Senate and lobbyist for the Ohio State University. The Governor’s office has urged an appeal of the Court’s ruling, although DeWine was dropped as a party in the suit and cannot initiate the appeal himself.

Upon resumption of the STRS Board meeting, and after a series of motions, Steen was ceremonially re-sworn to his post. After the Board addressed routine agenda items, Chair Dale Price attempted to adjourn the meeting. This was met with objection as there were several items remaining on the agenda. Price brought the meeting back to order and called for a 15-minute recess. However, Price did not return, and it was announced by counsel that the meeting had been adjourned.

Subsequently, STRS released a statement from Price which said in part: “Counsel had not yet had the opportunity to review the opinion and consider its implications. When it became apparent that I was unable to conduct the meeting in an efficient and effective manner, I decided to conduct the necessary business and adjourn the meeting. I plan to have the Retirement Board consider the remaining items from today’s agenda at the regularly scheduled May Board meeting.”

Click here to download a copy of this May 2024 Report to the OEA Board of Directors. Previous Retirement Systems Updates can be viewed under the Affiliate Resources tab on the OEA website.

STRS Board Maintains Current Economic Assumptions

During its February meeting, the STRS Board elected to maintain the current economic assumptions for the upcoming actuarial valuation. The Board’s actuarial advisor, Cheiron,
recommended maintaining the assumptions of a 7.0% discount rate, 2.5% for inflation, and 3.0% for payroll growth.

The discount rate is similar to an expected rate of return. This is a key assumption because it helps to project the cost of future liabilities and the rate at which they can be paid off. There was discussion among the Board of increasing the discount rate to 7.25%. This change would have reduced the unfunded liabilities of the system by approximately $2.5 billion. However, the actuarial consultant reported that the majority of public pension plans have a 7.0% assumption, that the trend is lowering investment assumptions, and that only one plan in the last 10 years had raised their assumption. Further, the Board’s investment consultant has a 10-year projected rate of return of 7.04% and other investment projections are trending down amid economic uncertainty.

These economic assumptions will be used, not only for the actuarial valuation at the end of the fiscal year, but also in a March Board discussion about possible benefit changes. State law allows the Board to make certain plan changes if the Board’s actuary determines such changes do not “materially impair the fiscal integrity” of the system. Last year, Cheiron developed a method of providing the Board with a benefit enhancement budget. At that time the budget was $0. However, in that instance, the actuary determined that a de minimus change could be made. This resulted in the Board electing a 1% cost-of living adjustment (COLA) and a five-year period of retirement eligibility with 34 years of service.

STRS Seats New Board Member Amid Continued Legal Battle

Governor Mike DeWine has named Brian Perera to the STRS Board replacing G. Brent Bishop who resigned earlier this month. Mr. Perera is a consultant, former lobbyist for Ohio State University, and former Finance Director for the Ohio Senate. Mr. Bishop was initially appointed to the seat after Governor DeWine removed Wade Steen, his prior appointee, from the Board. Mr. Steen’s removal is the subject of an ongoing lawsuit about the Governor’s authority to remove his appointed Board members.

Recently, 10th District Court of Appeals Magistrate Thomas Scholl stated that the Governor lacked legal authority to remove Steen. However, that decision is not final or binding. It now goes to a three-judge panel to adopt or reject it. That panel’s decision could also be appealed to the Ohio Supreme Court. The Attorney General advised STRS to seat Mr. Perera on the Board and he participated as a voting member in the February meeting.

The STRS Board also announced that Executive Director Bill Neville will remain on leave until at least May. Neville was placed on leave in November in response to an anonymous letter alleging harassment and threats. Attorney General Dave Yost hired outside attorneys to investigate the matter. A statement by STRS said the Board reviewed the investigation’s summary before voting to keep Neville on leave. Lynn Hoover, Chief Financial Officer, will continue as acting Executive Director

SERS Board Discusses Definition of Compensation

The SERS Board is discussing potential changes to the pension contribution compensation definition. The current definition was originally adopted in the 1980s and has been largely
unchanged. However, compensation practices used by employers have changed with more bonuses and lump sum payments being used—not just standard salaries and wages. Some of
these payments are subject to pension contributions, others are not, and it can be unclear which is the case.

This matters because what types of pay meet the definition of compensation for SERS determines how much funding goes towards members’ pension benefits and ultimately determines how much they receive in retirement. The Board’s expressed goals for the discussion are to identify which payments should be pensionable, clarify the rules so they are easier to understand and administer, and to understand how decisions might impact the pension plan, employers, and members of SERS.

On Thursday, February 15, the SERS held a special meeting to discuss the issue with stakeholder groups. OEA, other labor unions, and employer groups were represented. There was consensus among the labor groups that the current definitions are murky and that as bonuses and lump sum payments become more prevalent, it would have real and lasting impact on members in retirement if left unchanged.  OEA Secretary-Treasurer Mark Hill made the point that the purpose of a pension is to replace a portion of your earnings you had while employed. If the pension benefits do not reflect your true income during employment, it undermines members’ economic security.

The Board discussions on this matter are ongoing. Depending on what changes are approved by the Board, they might require changes in administrative rules or legislation to be passed.

OPERS Posts Positive Investment Returns for FY 2023

Preliminary investment reports for 2023 found that OPERS had double-digit investment returns which exceeded their assumed rate of return. OPERS reported a preliminary return of 11.34% for the defined benefit pension plan. This return is above the assumed rate of 6.90% and beat the benchmark return by 0.87%. The OPERS health care fund is invested with a different asset allocation and has a lower assumed rate of return (6.0%). The health care fund posted a preliminary return of 13.96% for the year, beating the benchmark by 0.32%. All returns are reported net of fees

Click here to download a copy of this February 2024 Report to the OEA Board of Directors. Previous Retirement Systems Updates can be viewed under the Affiliate Resources tab on the OEA website.

SERS Board Finalizes Anti-Spiking Provision

The SERS Board has approved the final piece of an anti-spiking provision known as the Contribution Based Benefit Cap (CBBC). The state budget bill, House Bill 33, included the provision that impacts future SERS retirees. The CBBC will go into effect on August 1, 2024. It will only affect a small fraction of retirees who have abnormally large increases in salary that are not supported by retirement contributions over their career. When a member’s final average salary in their pension calculation is well above what would be expected from normal salary increases, their benefits are effectively subsidized by other members of the system.

The final piece of the CBBC puzzle was the SERS Board adopting a “factor” used in its calculation. The CBBC calculation annuitizes member/employer contributions and then multiplies it by a factor that will be identified by the SERS Board. A member’s pension is capped at the lower of the formula benefit or the CBBC benefit. The SERS Board adopted a factor of 6.25. Analysis of past retirement data indicates that only a small number of future retirees will be impacted by this change. Of the nearly 3,000 retirements from 2022 and 2023, only eight would have seen a reduction had the CBBC been in place.

STRS Executive Director on Leave Amid Investigation

On Friday, November 17, 2023, the STRS Board voted to put Executive Director Bill Neville on leave pending an investigation by an outside council appointed by Ohio Attorney General Dave Yost. The investigation will look into accusations from an anonymous letter from STRS staff alleging a pattern of harassment and threats of violence.

Lynn Hoover, who serves as Chief Financial Officer for STRS, will serve as acting executive director during the investigation.

Click here to download a copy of this December 2023 Report to the OEA Board of Directors. Previous Retirement Systems Updates can be viewed under the Affiliate Resources tab on the OEA website.

SERS Board Approves 2.5% COLA for 2024

At its September meeting, the SERS Board approved a 2.5% cost-of-living adjustment (COLA) increase for eligible retirees in 2024. SERS bases its COLA on the change in the Consumer Price Index (CPI-W) over a twelve-month period.

This year’s CPI-W was 2.3%. However, the Board’s actuary stated that a slightly higher COLA amount would not materially impair the funding status of the pension plan. With that in mind, the Board unanimously voted to approve a COLA of 2.5%, which is the highest amount permitted by statute.

Payment of the 2024 COLA takes effect on a retiree’s anniversary date. Those who retired on or after April 1, 2018, are not eligible for a COLA increase until the beginning of their fourth year of SERS retirement.

OPERS and STRS to Pursue Increased Employer Contributions

On Tuesday, October 17, the OPERS Board voted 7-2 to pursue legislation that would increase the percentage of payroll that employers pay to support OPERS benefits for public employees. The current employer contribution amount is capped at 14%.

OPERS plans to seek legislation that would increase the statutory maximum employer contribution limit from 14% to 18%. The increase would be phased in over time. Further, OPERS recommends allowing an additional increase of up to 1% every 10 years if needed to fund benefits.

Likewise, the STRS Board voted in 2022 to seek legislation to allow for an increase in employer contributions to the pension fund. Although the Board did not put forth a specific proposal, legislation was introduced in the last session (HB 601) which would have increased the employer contribution cap from 14% to 18% over an eight-year period. A similar proposal may be introduced this session. The STRS Board has established a legislative committee which will begin discussing potential legislative recommendations in November.

Ohio pension plans are hamstrung by a fixed employer contribution rate that has been unchanged for decades. Ohio public employees do not pay into Social Security and therefore are more reliant on their pension benefits. Total contribution rates in Ohio are lower than in other non-Social Security states. Further, Ohio pension systems are mature plans that pay out far more in benefits to retirees than they receive in contributions. This puts tremendous pressure on investment returns to adequately fund future benefits. When investments take a downturn, this puts member benefits at risk as we saw in pension reform in the wake of the Great Recession.

OEA believes that an increase in employer contributions is warranted. It would help improve the long-term solvency of the plans and support needed benefits for current and future retirees. However, proposals to increase employer contributions face a difficult path in the legislature. During pension reform, Governor Kasich refused to consider such an increase. Employer groups will be opposed to such legislation. Increases in employer contribution rates may also have an impact on the ability of OEA local associations to negotiate higher salaries.

OEA will keep members updated when legislation is introduced and there is an opportunity for member advocacy on this issue.

Actuarial Valuation Shows Slight Improvement in STRS Funding Status

On Thursday, October 19, the STRS Board received a report on its annual actuarial valuation. This report shows the financial status of the pension plan as of the end of the fiscal year (June 30) and how it has changed in the past twelve months.

The valuation shows a slight increase in the funded status of the plan. The STRS pension plan is 81.3% funded, compared to 80.9% last year. The amount of time needed to pay off the unfunded liabilities of the pension plan decreased slightly to 11.2 years from 11.5 years.

The Board’s actuary, Cheiron, also provided a valuation for the STRS Health Care plan. This plan continues to be fully funded with a funded ratio of 168%. The healthy financial status of the plan has allowed the Board to make benefit improvements to the plan and provide premium rebates to retirees in recent years.

Click here to download a copy of this October 2023 Report to the OEA Board of Directors. Previous Retirement Systems Updates can be viewed under the Affiliate Resources tab on the OEA website.