Is it simply senior members just looking out for themselves? Maybe.
The deal public safety union leaders negotiated ensures that Tier 1 and
Tier 2a members sacrifice nothing while placing all the costs of the deal on
Tier 2b and Tier 3 members, in particular. Yet
if you listen to the rhetoric from the union leaders, particularly Bryan Jeffries, president of the Professional Fire Fighters of Arizona (PFFA), you
would think that everything was great and everyone made out the same. Of course, he had the same attitude last year
when he was trying to sell everyone on an even worse plan crafted by the PFFA.
If we take
union leaders at their word that they really believe this PSPRS pension “reform”
is good and fair for all tiers, what could explain their self-delusion? Let’s start by looking at the union
mentality. If you have never been to a
union meeting, it is an interesting experience to see how they portray the
world. When it comes to wages and benefits,
especially those already in place, there is always some bogeyman lurking out
there trying to take them away. If we
aren’t vigilant, some politician, some political party, or some special
interest group or think tank will take away everything we’ve earned. Here in Arizona, their favorite bogeymen is
the Goldwater Institute.
I suppose
this does some good as a method to rally the troops and keep them united and
paying dues. For an organization like the
PFFA, which is not really a union but a lobbying organization funded by union locals to advocate for them on the state level, it helps them to
characterize themselves as necessary warriors against the hostile forces allied
against the state’s firefighters. This
may be a noble image, but it is a fiction as the PFFA and all the other
state-level unions are just negotiators and deal-makers, who define success by
acquisition and maintenance of benefits.
These are the benchmarks by which they assess themselves, not the
long-term consequences of their “accomplishments,” much less the ethics of
them.
.
The state-level
public safety union leaders are Monopoly® players. Monopoly® starts as a game of acquisition –
properties, railroads, utilities, but as the game progresses, the maintenance
of assets becomes just as important. The
inability to maintain assets is the surest way to accelerate one’s eventual departure
from the game. Monopoly® is the game Mr.
Jeffries and the other state union leaders have played for years, achieving their
version of success, trying to acquire as much as possible; sustainability be damned. It is the game they
are playing now, and as such, they can call the PSPRS reform deal they
negotiated a “victory,” since they are maintaining what they have; future generations be damned. Unfortunately,
it appears that this is the only game they know how to play.
On the other
side, the Arizona legislature had the foresight to involve in the negotiations Reason Foundation,
an organization that knows that Monopoly® is not the real games being played
here. Reason Foundation knew the real
games being played were poker and chess.
Reason Foundation did not have to be Phil Helmuth to beat the state-level
unions at poker. Anyone could have detected
their tell, one so obvious that the union leaders may as well have flipped
their hole cards over for Reason Foundation to see. The tell was the ridiculous PSPRS reform plan
that the PFFA was trying to peddle last year. This horrible plan of intergenerational theft showed that the PFFA and at least some
of the law enforcement unions were concerned only about senior members in Tiers
1 and 2a. This told Reason Foundation
that the state-level unions were willing to sacrifice Tier
2b and 3 members' benefits in order to protect the benefits of senior members. Senior members just had to accept a change the permanent benefit
increase (PBI) formula, which is not really a sacrifice since PSPRS has neither the ability nor inclination to generate excess returns that could trigger future PBI's. Reason
Foundation may have allowed the state-level unions to win a hand or two, but they
cleaned them out in the end.
Reason
Foundation bested the state-level unions in chess as well. It was funny to see Mr. Jeffries and Will
Buvidas, the law enforcement union representative, talk about how they were
pleasantly surprised with Reason Foundation and how easy they were to work with. This brings to mind the adage that if you look around the poker
table and can’t tell who the sucker is, it’s you. I suppose if you were not even aware that you
gave up your whole negotiating position before the poker game even started, you
probably would think that Reason Foundation was easy to work with.
When skilled players
play chess, they do not think moves ahead like a supercomputer does. This is simply beyond the capacity of the
human brain. Good chess players must
study past games in order to develop the pattern recognition necessary to know
where the best move is based on the current arrangement of the board. This is similar to poker where the dealt cards
are not looked at in isolation during each hand with bets made accordingly. Good poker players know the odds a particular
hand has of winning based on years of studying and playing against other good
players. It is only in narrow margins where
true “play” occurs and the game is ultimately won or lost. Likewise, chess has its end game where the match reaches
the point where pattern recognition becomes less trustworthy and every
individual decision become crucially important.
Concentration, skill, and avoiding errors are essential during the end
game.
If we look
at the state-level public safety unions, they showed themselves to be as incompetent at chess
as they are at poker. I do not know Reason
Foundation’s exact position on PSPRS reform; they give us no tells. However, organizationally, I think it is safe
to say that they are not fans of public employer defined benefit (DB) plans
and would prefer public employees to be in defined contribution (DC) plans that
do not burden government and taxpayers with open-ended costs in
perpetuity. However, once they won the
poker game, they focused on their end game.
They knew that the PFFA and the law enforcement unions would not go for a full
replacement of the DB plan with a DC plan.
This would have been a fatal opening.
They, instead, like good chess players, focused on their end game.
This end
game was directed at Tier 3 members. With
the inclusion of the 50/50 split of normal costs and a DC-only pension option, in
which employees and employers would each contribute 9% of pay, they have put in
place a mechanism to permanently end the PSPRS DB plan if it ever becomes
financially unstable again. In the
future, newly hired Tier 3 PSPRS members will not want to pay the exorbitant
employee contribution rate into the DB plan if PSPRS spins out of control like
it has now. They will simply join the
DC-only plan, knowing that their max contribution will only be 9% with equal
matching from their employer. As ever increasing numbers of Tier 3 members opt into the DC-only plan, the DB plan will go into a death spiral. If future
PSPRS members choose to screw up their pension, despite the safeguards put in
place, the poison pill put in place by Reason Foundation will ensure that the
DB plan is permanently put to rest.
What was the
end game of PFFA and the law enforcement unions? They didn’t have one. I don’t know if they were fooled by Reason Foundation
or if they just didn’t care. Either way
this poison pill will be there, waiting to be used when necessary.
It is probably not a good idea to send Nicolo Falcone to negotiate against Gary Kasparov and Phil Ivey. Who’s Nicolo Falcone, you ask? He is the world Monopoly® champion. Yeah, I had to look him up. While I am sure it takes a certain skill to
win that championship (as I am sure it does to win the rock-paper-scissors championship), the game is still more about timing and luck. The other games involve skill, social
intelligence, and a long-term outlook.
The PFFA and the law enforcement unions won the Monopoly® game because
Reason Foundation let them and knew that that was the only game the unions believed they were
playing. Reason Foundation won the poker
and chess games, the ones that really mattered, and now the next generation of firefighters and law enforcement
will have to pay the price.
Side note:
While it
appears that the PSPRS pension reform bill (SB 1428) has sailed through theArizona Senate, it still does not appear to be a certainty to appear on the May
2016 ballot. There seems to be some issues among Arizona House members and the Arizona Police Association. SB 1428’s proponents seem to be dead set on
rushing this through—it must be signed by the Governor by February 15, 2016 in
order to appear on the May ballot.
Otherwise, it will have to wait until the general election in November
2016. We have to ask ourselves why this
has to rushed through if implementation will not begin for over a year. Stay tuned.
As an accidentally disabled (injured in the line of duty) retired Mesa FireFighter I agree. They not only burdened the next generation they are also trying to assault the current retirees contractual benefits by disregarding not only the Arizona State Constitution but also the United States Constitution Article 1, Section 10. Why the mad rush for special election? Is it they do not want people to actually read it and understand it?
ReplyDeleteIt is also very interesting that retirees as a whole have not been represented throughout this entire process. The only retirees to speak on the matter were hand selected to spew the establishments own words.
Not only will this cost Public Safety employees (past, present, and future) it will cost every tax payer millions of dollars in lawsuits that the State will ultimately lose.
Thank you for your comment. Unfortunately, based on my reading of the Fields decision, hat the Supreme Court held that the pension protection clause of the Arizona Constitution has precedence over the contracts clause since it deals specifically with pensions. This means that if they change the PBI's via the pension clause it will likely negate any argument that it unconstitutionally violates a contract.
DeleteIt is a shame that retirees had no representation on the PSPRS Board of Trustees, like retirees have on the ASRS Board. It would have made it more difficult for PSPRS to defend its lousy earnings as some kind of deliberate strategy to help PSPRS save money. PSPRS' inability to earn 9% has left retirees with no choice but to accept the new PBI change if they ever want any future COLA's.
The saddest spectacle is when I see this plan's union proponents go to the public and media and emphasize how retirees have been getting 4% for 20 years as if this was some unnoticed crime committed by retirees, rather than a benefit that past union leaders proudly obtained for members. Current union leaders are unwilling to give up anything themselves, but they hypocritically demonize retirees as if they have been receiving some unearned benefit for decades. Thank you again for your comment.
"Why the mad rush for special election? Is it they do not want people to actually read it and understand it?"
ReplyDeleteThe legislation needs to pass mid February to get it on the mid May ballot. If that's not enough time to "read it and understand it" there will never be enough time.
I retired in 2011. Your figures show I should have gotten COLAs totaling $345.52. My COLA total has been $301.52, which is a $44.00 discrepancy from your figures. What gives?
ReplyDeleteIf the future COLA % is applied directly to each individual account instead of being the average, isn't that an example of the "rich"(Chiefs) getting richer and the "poor"(firefighters) getting poorer?
Thank you for your comment. The COLA amounts were obtained from the PSPRS annual reports. I went to the Arizona Revised Statutes, these are some of the additional conditions that affect your eligibility for a COLA right after you retire:
Delete1. The retired member or the survivor of a retired member was receiving benefits on or before July 31 of the two previous years.
2. The retired member or survivor of a retired member was fifty five years of age or older on July 1 of the current year and was receiving benefits on or before July 31 of the previous year.
Some of these conditions may apply to you. As to your second point, I do not necessarily agree with the rich getting richer, but it is unfair, especially for someone like you who recently retired. In your case, you never really benefited from the old system in which retirees with lower benefits could see some extra gains over the years as the average retirement benefit increased. Now they are going to change the system, and you will be stuck with a new COLA that will give you the lesser of the CPI or 2% on only your benefit. You retired with the expectation that you could expect to pick some financial ground over the years as the average benefit increased, but now that has been taken away. Perhaps you would have done things differently if you had known this.
Of course, the people who are negotiating this know full well that this will be the new system and will adjust their working careers accordingly to make sure they get the most from it before they retire, while they timidly agree to cap pensionable wages on future PSPRS members. This is just another of the many injustices from this pension “reform.” Thank you again for your comment.