Illinois Pensions Reviewed
Will there be Illinois Pension Reform?
The answer to whether there will be Illinois pension reform in the next year is a resounding, maybe. One thing that is clear is that any reform efforts will be motivated by concerns regarding "Tier 2" pensions.
Illinois Pension Obligation: Illinois pension law mandates that the state cover 90% of the estimated pension obligations by June 30, 2045. However, the state's five pension plans are severely underfunded by approximately $140 billion.
Illinois Tier 2 Concerns:
Safe Harbor & Social Security: The Tier 2 pension system, which covers those hired after 2011, offers fewer benefits than the Tier 1 system, and as the Tier 2 system grows, Tier 2 benefits might not meet the Social Security safe harbor requirement, which mandates beneficiaries to receive benefits equal to or better than Social Security;
Subsidizing Tier 1: While Tier 2 under TRS is funded at 121%, most TRS members are under Tier 1 with TRS’ funding level at only 44 percent. This means Tier 2 employees are subsidizing benefits for Tier 1 employees; and
Recruitment and Retention Issues: Police and fire departments in Illinois have faced challenges in recruiting and retaining workers due to concerns about the two-tier pension system according to police and firefighter unions.
Illinois Pension Reform Considerations:
First Responder Benefits: Unions for first responder beneficiaries argue they should be part of the Tier 1 pension system; however, associations for their employers note the negative unintended consequences of any reform that is not uniformly applicable in the pension benefit changes (i.e. creating winners and losers);
Deferred Retirement Option Plan (DROP): DROP allows certain individuals to continue working for several years while their pension payments are placed in a special account. While there are concerns for the appearance of "double dipping" as individuals earn both a pension and a salary and some pension systems have reservations about DROP increasing unfunded liabilities, first responder unions note that many states use DROP to address recruitment and retention issues;
Investment Returns & Payment Schedule: Recent years have seen higher than expected pension investment returns, and investment returns could potentially be improved further with money savings by changing when the state makes pension contributions (i.e. pension payments on the first day of the fiscal year rather than the last to allow the payments to be invested for an entire fiscal year);
Pension Ramp:
The 1995 pension ramp backloaded pension obligations along with subsquent pension legislation to mandate 90% funding by 2045;
The Illinois Municipal League proposes re-amortization with reducing the percentage obligation or extending the deadline to 2050; however, unions oppose re-amortization that reduces pension obligations, and some legislative committee leaders question the reducing pension obligations on principle;
Proposed Legislation:
House Bill 4098 proposes multiple changes to pension obligations, which includes some aspects recently advocated by interest groups, such as deferred retirement options and unfunded liability payments, and also includes provisions (i) expanding the pension buyout program, (ii) changing cost of living calculations, (iii) creating a tiered retirement age schedule, and (iv) extending the pension obligation deadline from 2045 to 2050, but with a 100% funding obligation;
House Bill 4065 also separately focuses on health benefits for first responder retirees.
Omnibus vs. Standalone Legislation: While most pensions reforms occur through comprehensive legislation, there may be some debate on separate, "standalone" bills.
References:
Fiscal responsibility: Illinois lawmakers hope to pass pension reform plan this fall (WAND - July 19, 2023)
State lawmakers looking to address Illinois pension debt with additional $500 million (The Center Square - July 19, 2023)
House committee takes first look at possible fall pension reform (The Daily Line - July 20, 2023)
Latest hearing on pension proposal exposes point of contention between lawmakers and among pension systems (The Daily Line - August 24, 2023)
Illinois police, fire leaders urge lawmakers to eliminate Tier 2 pension system (WAND - September 28, 2023)
Intersection of Pension Investments & Social Policy
Illinois Sustainable Investing Act FAQs
What is the Illinois Sustainable Investing Act?
The Illinois Sustainable Investing Act is a legislative act that mandates public agencies in Illinois to integrate sustainability factors into their investment decision-making processes. This includes investment analysis, portfolio construction, due diligence, and investment ownership.
What are "sustainability factors" as defined by the Act?
Sustainability factors refer to elements that might have a material and relevant financial impact on the safety or performance of an investment. These factors are complementary to financial factors and financial accounting.
Can you provide examples of sustainability factors?
Yes, sustainability factors may include corporate governance and leadership factors, environmental impacts like greenhouse gas emissions, social capital factors affecting relationships with key external parties, human capital factors recognizing workforce value, and business model and innovation factors.
How should public agencies approach sustainable investment factors?
Public agencies are required to prudently integrate sustainability factors into their investment decision-making, analysis, portfolio construction, due diligence, and investment ownership. The goal is to maximize anticipated financial returns, minimize projected risk, and effectively execute their fiduciary duty.
Are there any specific guidelines for proxy voting under the Act?
Yes, the Act allows the State Treasurer to manage the domestic and international proxy voting activity for shares held directly by the System and execute required ballots on behalf of the System, subject to certain conditions and the Board's consent.
What are the proxy reporting requirements under the Act?
Starting from September 1, 2023, and annually thereafter, the Board must publish guidelines for voting proxy ballots and a detailed report on its website. This report should describe how the Board considers sustainability factors, among other details.
How do investment managers fit into the Act's requirements?
Beginning January 1, 2024, investment managers must disclose, prior to the award of a contract, a description of the process through which they integrate the sustainability factors into their investment activities.
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ESG Basics FAQs
What are ESG considerations in state pension fund investments?
ESG considerations refer to the integration of environmental, social, and governance factors into the investment decision-making process for state pension funds. These factors can influence the long-term sustainability and risk profile of investments. By considering ESG factors, state pension funds aim to ensure that their investments are not only financially sound but also aligned with broader societal values and sustainable practices.
Why are ESG considerations important for state pension funds?
ESG considerations are important for state pension funds for several reasons:
Risk Management: ESG factors can pose significant financial risks. For instance, companies with poor environmental practices might face regulatory fines or reputational damage.
Long-term Returns: Sustainable companies often perform better in the long run, leading to better returns for pension fund beneficiaries.
Ethical Responsibility: As public entities, state pension funds have a responsibility to invest in a manner that reflects the values and interests of their beneficiaries and the broader public.
Future-Proofing: ESG considerations help ensure that investments are sustainable in the long term, safeguarding the future pensions of many individuals.
How do state pension funds integrate ESG considerations into their investment strategies?
State pension funds can integrate ESG considerations in various ways:
ESG Screening: Avoiding investments in companies or sectors with poor ESG performance.
Active Ownership: Engaging with companies to improve their ESG practices.
Thematic Investing: Investing in sectors or companies that align with specific ESG goals, such as renewable energy.
Integration: Systematically including ESG risks and opportunities in financial analyses.
Reporting: Regularly disclosing ESG integration practices and performance to stakeholders.
Are there any challenges associated with ESG integration in state pension fund investments?
Yes, there are several challenges:
Data Quality: Reliable and standardized ESG data can be hard to obtain.
Short-term vs. Long-term: While ESG considerations are often long-term, the financial market can sometimes focus on short-term gains.
Complexity: ESG factors can be complex and interrelated, making them challenging to integrate into traditional financial analyses.
Perceived Trade-offs: There's a misconception that ESG integration might lead to lower returns, though many studies suggest otherwise.
How do state pension funds measure the impact of their ESG investments?
State pension funds can measure the impact of their ESG investments through:
Performance Metrics:** Comparing the financial performance of ESG-integrated portfolios with traditional portfolios.
ESG Ratings: Using third-party ESG rating agencies to assess the ESG performance of their investments.
Impact Reporting: Quantifying the positive societal or environmental impacts of their investments, such as carbon emissions reduced.
Stakeholder Feedback: Engaging with beneficiaries and other stakeholders to gather feedback on ESG integration efforts.
ESG Comprehensive FAQs
What is the role of ESG considerations in state pension fund investments?
ESG considerations play a crucial role in state pension fund investments. Pension fund managers and elected officials in several U.S. states have taken positions on whether it's appropriate for public pension managers to consider ESG factors in their investment decisions. The fundamental economic question is whether inhibiting ESG investing for political rather than economic reasons hinders efficient market-driven capital flows and allocations. A majority of studies suggest that excluding ESG investment strategies can potentially hinder the financial performance of pension funds. [Source: ALI Social Impact Review]
How do ESG investing laws differ between states?
ESG investing laws and attitudes vary significantly between states, often influenced by political affiliations. Some states have taken steps to limit or discourage ESG investing, while others actively promote it. For instance, Florida has proposed legislation that would prohibit its State Board of Administration from considering ESG factors, focusing solely on maximizing returns. In contrast, other states have taken measures to counter such anti-ESG laws with pension climate measures. [Source: Bloomberg Law]
Why do some pension funds embrace ESG considerations while others don't?
While some pension funds have integrated ESG considerations due to their role as intergenerational stewards of capital, others have not due to various structural, regulatory, and legal hurdles. However, the logic and history of pension plans provide clear advantages that outweigh the challenges of integrating ESG. [Source: Pension Research Council]
How has the global perspective on ESG investing evolved over time?
The consideration of ESG factors in investment decisions by pension plans has evolved over the years. Initially, the focus was primarily on governance issues. By the late 1970s and early 1980s, concerns for social and environmental topics evolved into what became known as socially responsible investing (SRI). By the 1990s, public pensions joined other investors in addressing issues like apartheid in South Africa, child labor, and environmental calamities. The term ESG, as distinguished from SRI, became prominent in 2004 following a United Nations report. [Source: ALI Social Impact Review]
What are the recent global initiatives related to ESG investing?
Several global initiatives focus on ESG considerations. For instance, the 'Race to Net Zero' initiative by the UN has prompted many pension funds to declare their intent to have net-zero portfolios by 2050 or sooner. Another significant initiative is the Glasgow Financial Alliance for Net Zero (GFANZ), which aims to accelerate the transition to net-zero emissions. Additionally, there are initiatives focusing on diversity, equity, and inclusion (DEI) in the investment sector. [Source: Pension Research Council]
2023 National Comparisons & Localized Issues
(click to expand)
Is Illinois alone in its pension challenges? No
Is the Illinois pension challenge limited to state pension funds? No
Will there be pension reforms in 2023 fall legislative session? Maybe?
Illinois Pension Consolidation Recent History
Illinois Pension Consolidation FAQs
What is Illinois state pension consolidation?
Illinois state pension consolidation refers to the merging of multiple local police and firefighter pension funds into two statewide funds: one for police and another for firefighters. This move aims to streamline administration, reduce costs, and potentially increase investment returns by pooling assets.
Why was pension consolidation considered in Illinois?
The consolidation was considered to address the fragmented nature of Illinois' pension system, which consisted of hundreds of individual pension funds, each with its own set of assets, liabilities, and administrative costs. By consolidating these funds, the state aims to achieve economies of scale, improve investment returns, and ensure the long-term sustainability of the pension system.
How does the consolidation impact individual pension benefits?
The consolidation is primarily administrative and does not alter the pension benefits of individual members. The rights and benefits of pension plan members remain protected and unchanged. The main goal is to enhance the investment capabilities and reduce administrative costs.
Who oversees the consolidated pension funds?
The consolidated pension funds are overseen by two new statewide boards: one for police pensions and another for firefighter pensions. These boards are responsible for the management, investment, and administration of the consolidated funds.
What are the expected benefits of pension consolidation?
The expected benefits of pension consolidation include increased investment returns due to pooled assets, reduced administrative costs, improved transparency and accountability, and enhanced financial stability for the pension system.
2019 Illinois Pension Consolidation Legislation Overview
"After eight months of data collection, analysis, and many meetings, the Task Force recommends the State take the following actions:
STEP 1: Consolidate suburban & downstate police & fire pension plan assets...
STEP 2: Review consolidation of suburban/downstate police & fire pension plan benefit administration; review of other state and local plans to determine advantages of consolidation...
The issues surrounding pension funding in Illinois have been decades in the making. Underinvestment, overly optimistic projections, and the required trade-offs with other critical public services all place great pressure on the financial health of retirement systems. The State and local governments are now faced with limited options to remedy these issues."
Other Pension Studies & Reports
"Underfunded pensions occur when promised pension benefits are not backed with an adequate amount of assets (Inman, 1986). This situation can occur for a variety of reasons. For example, pensions may be underfunded because investment returns fall short of expectations, or actuarial assumptions about factors such as participant mortality rates may differ from reality (Coggburn and Kearney, 2010). Alternatively, elected officials may choose to deliberately underfund pension plans to save money in the short-term (Thorn and Randazzo 2015; Smith, 1981). Deliberate underfunding can be dangerous to governments and their residents as it is essentially “borrowing against the future” but can go unnoticed (Mitchell & Smith, 1994: 278)."
"The Pew Charitable Trusts conducted a comprehensive 50-state review of state constitutions, statutes, and case law to determine the level of legal protection for not only public employee pensions—a monetary annuity paid throughout the lives of retired employees and often to a surviving spouse as well—but also retirement health care plans. Pew’s research examined the annuity and health care benefits separately because the law in most states treats the two differently. The research also focused on the legal rights of current employees and retirees because retirement benefits can be modified for new employees prior to their date of hire."
"I had a lengthy visit the other day with a man in search of redemption. That would be John Filan, who was Mr. Blagojevich's chief financial officer and sold him on the POB. The big borrowing actually worked, it's a success and the numbers are there to prove it, says Mr. Filan, presenting a stack of papers and charts and data-based scenarios."
Illinois Pension Laws & Constitutional Litigation
"The Supreme Court’s opinion in In re Pension Litigation, is extraordinary in its depth and analysis, and goes well beyond the briefs filed by any party, exploring the trial court record, and public document. It was a 7-0 opinion, and it was decisive. It is highly unlikely that the Supreme Court will reverse itself at any time in the near future if ever." (footnoted omitted)
