Category: The Pension Crisis

De Blasio’s $33 Billion Teachers Pension Woe

New York City Mayor Bill de Blasio hasn’t had a good year so far. State Senate Republicans, angered over his effort with the American Federation of Teachers’ Empire State affiliate…

New York City Mayor Bill de Blasio hasn’t had a good year so far. State Senate Republicans, angered over his effort with the American Federation of Teachers’ Empire State affiliate last year to end their control over that legislative body, weakened his control over the Big Apple’s traditional district by extending mayoral control for just another year. De Blasio’s arch-rival for supremacy as the Empire State’s most-powerful politician, Gov. Andrew Cuomo, steamrolled over him during the legislative session, convincing legislators to increase the number of public charter schools that can open, and allowing the Board of Regents to take over 62 of the district’s failure mills if their performance doesn’t improve within a year. Cuomo also made sure to remind De Blasio who was boss last month when he declared that the mayor must prove that he deserves to keep control over the city’s traditional district.

wpid-threethoughslogoDe Blasio’s successful tag-team with public-sector unions and Big Apple political bosses to put Carl Heastie in control of the state assembly didn’t work out as expected: Heastie, who succeeded the notorious Sheldon Silver as Assembly Speaker in February after his indictment on corruption charges, largely gave in to Cuomo’s demands and those of his Senate Republican colleagues. Meanwhile mayor’s unnecessary alliance with the American Federation of Teachers’ Big Apple local, the United Federation of Teachers, has also not proven to be of much value; the local, along with the AFT’s state affiliate, New York State United Teachers, lost big in Albany as Cuomo and school reformers succeeded in enacting another teacher evaluation regime.

But none of those current problems facing De Blasio are as big as the long-term fiscal woe facing him and Big Apple taxpayers: The city’s virtually-busted teachers and school employee pensions. As a Dropout Nation analysis reveals, the pension shortfalls for the Teachers Retirement System and the Board of Education Retirement System continue to increase unabated.

Start with TRS, the larger of the two pensions. It officially reports a shortfall of $25.8 billion (as of 2012-2013, the latest year available), a 3.4 percent increase over the underfunding in the previous fiscal year. But as readers already know, the official numbers do not reflect reality. For one, this doesn’t include $5 billion in unrealied gains that have been left out as part of “smoothing” efforts by the city to avoid dealing with the shocks that come with the volatility of financial markets. If those gains were calculated, TRS’ unfunded liability would be a just slightly more manageable $20.7 billion. Such accounting tricks can either make pensions more-solvent — or in the case of TRS, less-solvent — than they really are, making it difficult for policymakers to make smart fiscal decisions.

The bigger problem lies with the fact that TRS assumes an investment rate of return of seven percent. That’s higher than the six percent median rate of return Wilshire Associates expects over the next decade. In fact, TRS’ rate of return for 2014-2015 so far is just 4.46 percent, or more than two percentage points below the assumed rate, according to data from the New York City Comptroller. As a result of this inflated rate of return, TRS (and ultimately, the Big Apple) understates what is likely the true level of insolvency that taxpayers will ultimately have to bear.

To figure out TRS’ true insolvency, Dropout Nation uses a version of a technique developed by Moody’s Investors Service, which assumes a more-realistic 5.5 percent rate of a return on investments. [Moody’s bases its rate of return on the performance of a bond index, which can range between four and six percent.] Based on the formula, using just TRS’ officially-reported number, Dropout Nation concludes that the pension is underfunded to the tune of $30.9 billion. This is 20 percent more than it officially reports. If the shortfall had to be made up (or amortized) over the next 17 years, Big Apple taxpayers and teachers would have to contribute an additional $1.8 billion a year, or 59 percent more than the $3.1 billion paid into the pension in 2012-2013.

That number, of course, doesn’t include the unrealized gains. Account for those and Dropout Nation estimates that TRS’ insolvency is $25 billion, 20 percent more than the unfunded liability adjusted for unrealized gains. Based on a 17-year amortization schedule, taxpayers and teachers would have to pay an additional $1.5 billion a year, or 48 percent more than contributed to the pension in 2012-2013.

But there’s another catch: Because of the actuarial tricks used by TRS, the pensions assets can be overstated or understated compared to market value. As Dropout Nation noted in its analysis last year, TRS overstated the actuarial value of its assets by $1.1 billion in 2011-2012. This time around, the pension understated the value of its assets on an actuarial basis by $1.7 billion; on a market value basis, the assets are worth $36.9 billion. Subtract that number from the $61 billion in annuity payments owed to Big Apple teachers, TRS’ insolvency would stand at $24 billion. Over a 17-year period, taxpayers and teachers would have to contribute an additional $1.4 billion to TRS, or 46 percent more than what was paid into the pension in 2012-2013.

But TRS’ virtual insolvency isn’t the only pension woe weighing on New York City’s finances. There’s also the Board of Education pension, which is also busted.

Board of Education officially reports a shortfall of $1.6 billion for 2012-2013, an 11.6 percent increase over the previous year. But like TRS, Board of Education’s numbers don’t reflect reality because it also assumes an investment rate of return of seven percent. The pension is only earning 4.86 percent so far into 2014-2015, according to the City Comptroller. Based on the Moody’s formula, which uses a more-realistic 5.5 percent rate of return, Dropout Nation concludes that Board of Education is actually underfunded to the tune of $1.9 billion, or 20 percent more than officially reported. If the shortfall had to be amortized over 17 years, taxpayers and school employees would have to pay an additional $110 million a year into the pension, 47 percent more than the $235 million paid in 2012-2013.

Altogether, the Big Apple must pay down as much as $33 billion in shortfalls for the two school pensions. This, of course, doesn’t include the virtual insolvencies of the city’s pensions for cops, firefighters, and other city workers. How big a drain is that on the city and its traditional district? The two pensions account for 38 percent of the $85 billion in total pension insolvencies facing New York City, according to a Dropout Nation analysis of the municipality’s pension shortfalls, a difficult burden for taxpayers to bear.

The additional $1.9 billion that the New York City would have to pay to bring TRS and Board of Education to solvency over 17 years would have forced the city’s traditional district to devote 27.3 percent of its budget to pensions and debt service on capital projects in 2012-2013, versus the 19.3 percent that those costs actually took up. More than likely, the city would have either had to increase taxes, shut down schools, or reduce the number of guidance counselors and so-called classified staff (including janitors and other employees).

For De Blasio and for New York City taxpayers, matters on the pension front aren’t going to improve anytime soon. The most-recent bull market has helped TRS and Board of Education (along with other state and local teachers’ pensions) avoid even-faster increases in unfunded liabilities. But the financial meltdown in China — whose economy accounts for as much as a fifth of revenues for many companies — is now leading to declines in stock market prices. This bodes ill for TRS and Board of Education, because stocks make up the bulk of their investment portfolios. Because of actuarial smoothing techniques, the likely losses will be hidden on an actuarial basis for at least the next five years, resulting in both appearing in better financial condition than they actually are.

Certainly De Blasio isn’t responsible for much of the mess. The blame can be laid at the feet of predecessor Michael Bloomberg, who struck more-than-generous pension and salary deals with UFT and other school worker union in order to gain support for his otherwise-laudable reform efforts. New York City teachers contribute a mere five cents of every dollar put into TRS, while other school employees pitch in a slightly-higher 17 cents for each dollar contributed to Board of Education. Thanks to Bloomberg’s fecklessness, TRS’ liabilities increased by 84 percent between 2004 and 2013, even as the actuarial value of its assets increased by a mere 6.1 percent; Board of Education’s liabilities increased by a two-fold in that same period while assets increased by just 31 percent. As in the case of other busted teachers’ and school employee pensions, the bet was that stock market gains would cover boosts in pension payouts. It didn’t panned out.

But De Blasio hasn’t exactly helped matters during his two years in office. The contract De Blasio struck last year with the United Federation of Teachers, which increases salaries by 18 percent, didn’t require teachers to contribute more toward their retirements. That the deal included an eight percent salary increase to those teachers who retired from the city’s employ by the end of June 2014 — which led to 777 more teachers retiring last year than the previous period — adds to the city’s pension woes; after all, annuity payouts are based on the salary a teacher earns in the last year before retirement. Given De Blasio’s cold war with Cuomo and Senate Republicans, he can expect no help in the form of a pension bailout.

At this point, De Blasio may only have two years left on a tenure that was never all that promising in the first place. He just as well go ahead and address New York City’s pension woes while he has time.

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Tom Wolf’s $41 Billion Pension Mess

As Dropout Nation readers know, Friday’s analysis of Philadelphia’s virtually-insolvent district’s fiscal condition also previewed this magazine’s evaluation of the financial state of Pennsylvania’s Public School Employees Retirement System. What…

As Dropout Nation readers know, Friday’s analysis of Philadelphia’s virtually-insolvent district’s fiscal condition also previewed this magazine’s evaluation of the financial state of Pennsylvania’s Public School Employees Retirement System. What has become clear from the latest analysis is that the Keystone State must take decisive action to address the defined-benefit pension’s woeful financial state — and that starts with demanding accurate accounting that reflects the dire reality.

statelogoWithin the last week alone, state legislators have taken some steps toward addressing the woes of PSERS and Pennsylvania’s pension for state employees. This past Tuesday, the Keystone State’s House of Representatives held a hearing on a plan offered up by Rep. Warren Kampf, a pension reform hawk, to close participation in state pensions to new employees and require new hires to save money in defined-contribution plans. On the senate side, Majority Leader Jake Corman is putting together his own plan, which would follow along Kampf’s proposed move as well as essentially roll back Act 10, the state pension law passed in 2010 that boosted annuities collected by teachers to equal 75 percent of final year’s salary.

If Kampf and Corman can get their legislation passed any possible opposition within their own caucuses — a reason why former Gov. Tom Corbett’s pension reform plan was defeated last year — this would be one clear sign that legislators are finally taking the state’s pension crisis seriously.

Standing opposed to any reform plan is Gov. Tom Wolf, who successfully defeated Corbett for the state’s chief executive spot with the help of $732,400 in donations (along with other spending) by the American Federation of Teachers and its state affiliate there. Mindful of the debt he owes to AFT as well as to other public-sector unions, Wolf has made clear that he would not agree to any reductions in pension annuities. But given that Corman and his fellow Republicans control both houses of the state legislature and want to tie pension reform to the passage of next year’s state budget, Wolf may have to give something in order to get legislators to pass other aspects of his agenda.

But in order for Kampf, Corman, and Wolf to undertake any meaningful and substantive pension reform, it must have accurate data on the fiscal state of PSERS and the state employee retirement plan. Based on Dropout Nation‘s analysis of the teachers’ pension’s comprehensive annual financial report, the pension isn’t dealing honestly with its condition.

PSERS officially reports that its was underfunded to the tune of $33 billion in 2012-2013, a 10 percent increase over the previous year. But as you all know by now, those numbers aren’t real. As your editor detailed in last year’s analysis, one reason why lies with Act 120, the law passed by state legislators five years ago which senselessly hiked annuities when PSERS was already virtually-insolvent. Under the law, PSERS recognizes gains and losses over a 10-year period, instead of an already-ridiculous five years. This even more-aggressive-than-usual form of smoothing — which allows the pension to effectively hide investment gains and losses under the guise of keeping investment volatility from wreaking havoc on state and district budgets — gives gives the false impression that its financial condition is in good shape.

The bigger problem lies with the PSERS’ assumed investment rate of return of 7.5 percent. Given that the pension’s assets declined in value by 3.7 percent between 2008-2009 and 2012-2013, there’s no way it could even meet such an overly-optimistic rate of return. Using overly-inflated assumed rates of return are problematic because pensions can report insolvencies as being lower than they actually are. This can result in politicians abandoning any fiscal prudence, handing out annuity raises based on inaccurate data. What PSERS should do is base its rate of return on an average such as the Citibank Pension Liability Index (which is based on the yield for AA-rated corporate bonds) or at least assume a more-realistic return rate such as 5.5 percent.

To get to the heart of matters, Dropout Nation uses a version of a method developed by Moody’s Investors Service that uses a more-realistic 5.5 percent rate of return on investments. The result? PSERS is virtually insolvent to the tune of $41.3 billion for 2013-2014, or 27 percent higher than officially reported. Using last year’s analysis, the pension’s insolvency increased by 11.6 percent over 2011-2012. Based on a 17-year amortization rate, taxpayers would have to shell out an additional $2.4 billion in contributions just to get the pension back into solvency; that’s 82 percent more than the $2.9 billion in contributions made in 2013-2014.

Districts such as Philadelphia have already seen double-digit increases in contributions over the past few years. The impact of any effort on hiking contributions to finally address the insolvency would be tremendous.

For Philly, a $135 million hike in 2013-2014 would have led to a loss of $203 million, or more than the $165 million it lost in 2012-2013. For Pittsburgh Public Schools, which paid $28.3 million into PSERS in 2013-2014, a repayment of the pension’s shortfall would mean an additional $23 million in contributions; this would have meant that the portion of the district’s budget going to pensions would have increased from 5.3 percent to 9.7 percent, and more than doubling its $14 million operating deficit.

This isn’t just a problem for Keystone State districts. After all, Pennsylvania state government reimburses districts for as much as 56 percent of PSERS contributions. This means that the state (you know, taxpayers) would likely have to take on $1.4 billion of the bailout cost, based on Dropout Nation‘s estimates. This would be double than the $1 billion paid out by the state in 2013-2014; the percentage of that year’s state budget dedicated to PSERS would increase from 3.6 percent to 8.5 percent.

Meanwhile the problem is going to get worse thanks to the growing numbers of Baby Boomers heading into retirement. Some 16,404 retired teachers and other traditional district employees were added to the pension rolls in 2012-2103, a 12 percent increase over the previous year; the number of new retirees (before removals) increased by 54.6 percent between 2006-2007 and 2012-2013. With PSERS likely to add likely add 12,438 new annuitants (excluding deaths  and other removals) to the rolls ever year for the next decade, the pension’s will add at least $306 million a year in new annuity expenses over that time.

By the way: None of this includes PSERS’s unfunded retired teacher healthcare costs with which the state must also contend. The pension officially reports unfunded liabilities of $1.3 billion for 2012-2013. But unlike most pensions, PSERS uses the same inflated rate of return for the investments used to cover those costs as it uses for the pension. Using the same method applied to the pension, Dropout Nation determines that the true unfunded liability for the healthcare costs is $1.6 billion, or 27 percent more than officially reported. Based on a 17-year amortization rate, taxpayers would have to put down $95.7 million a year over 17 years to pay off that insolvency, 89 percent more than the $108 million contributed in 2012-2013.

Put simply, the Keystone State’s teachers’ pension is busted. Addressing that insolvency requires honest numbers about the true condition of its finances. Corman and Kampf should take steps toward that by passing legislation that ends the 10-year smoothing required by Act 120, as well as force the pension to reduce its assumed investment rate of return from 7.5 percent to a more-realistic 5.5 percent (or an average based on the annual change in Citibank’s pension index). Both moves would lead to accurate data on the PSERS true fiscal condition and force the state (along with districts) to deal honestly with it.

Along with those steps, legislators should pass legislation moving both existing and new employees out of defined-benefit pensions into hybrid approach that features defined-contribution accounts as well as cash-balanced accounts that guarantees an annual savings rate. The existing pension would then be cash-balanced, allowing workers already in the pension to move whatever they have already saved and whatever has been contributed by districts into the new accounts. Such a move would effectively stop PSERS’ insolvency from increasing. At the same time, it would also help younger teachers, who often lose out in most pension reforms, by providing them a portable plan that allows them to fully benefit from their hard work in classrooms.

One likely argument against such a plan from Gov. Wolf will be that such a transition would be too costly to the state. This is because the Government Accounting Standards Board recommends that states closing down pensions should aggressively reduce their insolvencies. But as Andrew Biggs of the American Enterprise Institute noted last week in the Wall Street Journal, Pennsylvania could reduce the insolvencies by a longer period than recommended by the accounting transparency organization.

While your editor recommends a 17-year amortization period (as Moody’s uses), the Keystone State could use as long as 20 or 30 years (the latter used by states such as California in far more-modest pension fixes). And if the existing pension is cash-balanced, with existing teachers moving what they are due to receive in a lump-sum payment into the new retirement package, the cost of the transition wouldn’t be all that prohibitive at all.

Ultimately, what matters most is that Pennsylvania officials finally force PSERS to honestly detail its virtual insolvency. Without accurate numbers, even the most-radical pension reform will fall apart.

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Bruce Rauner’s $78 Billion Quandary

As a candidate for Illinois governor, Bruce Rauner promised to address the Land of Lincoln’s virtually-bankrupt defined-benefit pensions. So far, he has at least put some effort on that front….

As a candidate for Illinois governor, Bruce Rauner promised to address the Land of Lincoln’s virtually-bankrupt defined-benefit pensions. So far, he has at least put some effort on that front. But it will be all for naught if Rauner and state legislators force the pensions — especially the Teachers Retirement System — to provide honest numbers of the extent of their insolvencies.

statelogoLast month, as part of the proposed budget for the 2015-2016 fiscal year, the private equity player-turned-politician introduced a plan in which so-called Tier 1 employees — or teachers and state employees on the payroll before the passage of the Senate Bill 1 pension reform bill last year — could volunteer remove themselves out of one of the state’s pensions and into defined-contribution plans; as part of the deal, workers would get a lump-sum payment equaling what they would get out of the pension — essentially a version of the cash-balancing approach companies have used to transition employees out of their defined-benefit pensions — that would go into the defined-contribution account.

As you can expect, Rauner’s plan hasn’t gone down well with the NEA’s Illinois Education Association and the AFT’s Illinois Federation of Teachers. Through the coalition We Are One Illinois, the two unions (along with other public-sector unions such as the American Federation of State County and Municipal Employees) have already managed to get a state court judge to halt implementation of S.B. 1, the modest series of pension changes successfully pushed by Rauner’s predecessor, Pat Quinn. [The case is now before the Land of Lincoln’s Supreme Court, whose members are also covered by a pension that will eventually be targeted by reforms similar to S.B. 1 and thus, are essentially burdened by conflict of interest.] The suit, along with efforts by the unions to force the Democrat-controlled legislature to oppose the Republican governor’s proposal, essentially make Rauner’s effort more difficult than it should be.

Rauner’s plan could still be passed in some form by the legislature. After all, State Senate President John Cullerton was responsible for making S.B. 1 a reality. There’s also the presence of Chicago Mayor Rahm Emanuel, who as I noted today in an American Spectator column, is battling against public-sector unions such as AFT’s Second City local to solve the municipality’s equally-unenviable pension woes.

But as with so many pension reform plans, Rauner’s proposal will only work if it is based on realistic assessments of the state’s public pension insolvencies. This is especially true when it comes to dealing with TRS, which accounts for half of the Land of Lincoln’s $111 billion in (officially-reported) pension shortfalls. But as revealed by Dropout Nation‘s analysis of TRS’ comprehensive annual financial report, it is still less-than-candid about its true fiscal condition.

TRS officially reports that it is insolvent to the tune of $62 billion in 2013-2014; based on officially-reported numbers, this is a 10 percent increase over the previous fiscal year. But as readers know by now, the official numbers don’t represent reality. For one, this leaves out $3.7 billion in investment gains made during the fiscal year, all but 20 percent of the gains accounted for by TRS because of smoothing, an actuarial trick the state forced the pension to adopt six years ago. This allows the pension to effectively hide investment gains and losses under the guise of keeping the volatility pensions experience with investments from wreaking havoc on state and district budgets. As a result, taxpayers and policymakers aren’t getting a full picture of the pension’s insolvency.

The bigger problem is that TRS is using overly inflated assumptions of investment growth over time. The pension assumes that investments will grow by 7.5 percent every year. Certainly, this is a tad less dishonest than the eight percent rate of return the pension assumed in previous years. But the rate is still inflated by a country mile. TRS’ 10-year rate of return on investments is just 7.3 percent — and that’s only thanks to the bull market of the last two years (which helped overcome the losses of the last decade’s global financial meltdown). In fact, TRS admits that the actuarial value of its assets increased by a mere 23.7 percent (or an average growth rate of 2.4 percent a year) between 2005 and 2014; even if you just stick to fair market value, TRS’ assets have only increased by 34.4 percent (or an average annual rate of 3.4 percent) within that time.

As you readers know, using overly-inflated assumed rates of return are problematic because pensions can report insolvencies as being lower than they actually. During good times, when the stock and bond markets are performing stellar, pensions can claim that investments can cover shortfalls. This leads politicians to abandon all fiscal prudence by increasing annuity payments and reducing contributions paid by states, districts, and teachers in the hopes that Wall Street will cover the shortchanging. During periods such as the recent economic malaise, pensions can simply continue assuming that the markets will cover those insolvencies some day; because rates of return are key in determining shortfalls, a high rate of return gooses up the value of assets even if isn’t reality.

To get to the true level of TRS’ insolvency, Dropout Nation uses a version of a technique developed by Moody’s Investors Service, which assumes a more-realistic 5.5 percent rate of a return. [Moody’s bases its rate of return on the Citibank Pension Liability Index, which is based on the yield for AA-rated corporate bonds.] Based on the calculation, TRS’ true insolvency is likely $78 billion, or 27 percent more than officially-reported. When compared to the likely levels of insolvency calculated by Dropout Nation last year, TRS’ insolvency increased by 2.6 percent over the previous year. [The increase would have been even higher if not for the pension’s move to reduce its assumed rate of return.]

If Illinois state government was forced to pay down the insolvency over a 17-year period of amortization, taxpayers and teachers would have to contribute an additional $4.6 billion to eliminate TRS’ insolvency. This is more than double the $4.5 billion poured into the pension in 2013-2104. This would also hit hard Illinois’ already-strapped budget. If the state paid an additional $3.5 billion in contributions in 2013-2014, the percentage of the state budget dedicated to TRS would increase from 3.7 percent to 7.7 percent.

As Dropout Nation noted last year, state legislators along with Rauner need accurate numbers on TRS’ pension woes because even more Baby Boomers are heading into retirement than in previous years. Some 6,443 teachers covered by the pension retired in 2013-2014, 4.2 percent more than the average of 6,182 who have left classrooms in the past decade. With each retiree collecting annual annuities of $48,339 a year, TRS will have to pay out at least an additional $299 million a year.

None of this, by the way, even accounts for the three percent annual cost-of-living increases that TRS must pay out, which essentially means that a retiree can collect an annuity that it 30 percent higher than when they first retired; S.B. 1 put an end to those increases, but thanks to a state court ruling invalidating the plan late last year, those out-of-control raises continue to increase the pension’s insolvency.

When a pension system is so terrible for both teachers and taxpayers that its executive director admits it publicly and bluntly, it is time for a governor and state legislature to scrap the entire system altogether. This can be done constitutionally. Illinois is required to provide workers with retirement benefits, but it can be done in better ways than it does now.

With the We Are One coalition suit complicating matters, Rauner has no easy solution for this crisis. Any step he and legislators take must be bolder than those taken by Quinn in previous years. This includes wrestling control of the boards of TRS and other state pensions from public-sector unions; figuring out how to end the cost-of-living increases that are fiscally senseless; and requiring teachers to pay more into their retirements than the 21 cents of every dollar they current contribute. Rauner must also force legislators to stop making deals with teachers’ unions such as one contained in a 2007 pension bill that allowed AFT affiliate lobbyist David Piccioli to garner a pension despite having just spent one day working in a classroom as a substitute teacher.

At the same time, Rauner should scrap his current plan and embrace an approach touted by Dropout Nation as well as by pension researchers such as Josh B. McGee of the John & Laura Arnold Foundation and Marcus Winters of the Manhattan Institute. This would mean moving both existing and new employees out of defined-benefit pensions into hybrid approach that features defined-contribution accounts as well as cash-balanced accounts that guarantees an annual savings rate. [Rauner could still allow existing workers the ability to cash out of the old pensions and put that money into the new accounts.]

Particularly for younger teachers who have been forced by S.B. 1 to subsidize veteran colleagues (through contributions as well as taxes they also pay), and lose out on opportunities to truly save for their own retirements, such a plan would actually allow them to fully benefit from their hard work in classrooms. This, by the way, would also benefit younger workers currently paying into the state’s other pensions.

But the most-important step of all Rauner must take starts with forcing TRS and other pensions to offer honest data on their fiscal condition. Simply requiring them to issue special report to him and the legislature using the approach developed by Moody’s would go a long way toward accurate disclosure. Rauner should also demand the legislature to rescind the state law passed six years ago requiring TRS and other pensions to smooth out gains and losses; this means moving to fair market value assessment of assets and liabilities that are honest and clear for everyone.

Through moves such as issuing an executive order ending the ability of public-sector unions to forcibly collect dues from workers who aren’t in their rank-and-file, Rauner has shown so far that he is willing to take tough action that can help taxpayers and public employees alike. Demanding honest numbers from TRS and other pensions is another tough step he can — and should — do.

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Larry Hogan’s $13.8 Billion Pension Problem

Your editor didn’t expected much on the education policy front from new Maryland Gov. Larry Hogan, and so far, the former patronage handler for onetime predecessor Robert Ehrlich hasn’t disappointed….

Your editor didn’t expected much on the education policy front from new Maryland Gov. Larry Hogan, and so far, the former patronage handler for onetime predecessor Robert Ehrlich hasn’t disappointed. Save for a plan to reduce subsidies to districts such as Prince George’s County and Baltimore as part of his effort to address an $800 million budget shortfall for the upcoming fiscal year, the Old Line State governor has taken few steps to address the education crisis that has long been ignored by Democrats and Republicans alike through such guises as excluding kids in special ed ghettos from taking the National Assessment of Educational Progress.

statelogoBut Hogan, along with legislators in Annapolis, will soon have to pay renewed attention to a financial challenge that cannot be ignored: The virtually-insolvent Teachers’ Combined System and its two defined-benefit pensions for instructors and school employees. The Republican will need to deal far more seriously with its underfunding than his immediate predecessor Martin O’Malley did during his tenure.

Even as Hogan gets into the job (including holding his first state of the state address this week), he finds himself reckoning with the legacy of O’Malley’s move three years ago to shift TCS’ future pension contribution costs outside those already borne by Maryland state government off its balance sheet onto that of counties, which are charged by the state with financial oversight of the state’s traditional districts. As with most modest pension reforms, O’Malley’s initiative did little to deal with the TCS’s growing unfunded liabilities from annuities (and cost-of-living increases) to retirees or clamp down on benefits to Baby Boomers and other teachers hired before the changes. The plan also didn’t lead to the state and counties to pay their fully-required contributions; they paid $359 million less into TCS in 2013-2014 than officially required.

The state legislature’s fiscal analysis agency determined that counties and districts will have to pay $56 million more in 2016 (when they bear the full costs) than originally anticipated. This comes just as some counties, notably Prince George’s (which is home to Dropout Nation) plan to increase sales taxes just to deal with TCS’ pension liabilities as well as the other long-term burdens from decades of dealmaking between districts, the state, and affiliates of the National Education Association and American Federation of Teachers.

Given these increased costs, and the complaints that will likely come from homeowners as counties such as Prince George’s begin hiking up property taxes, there will be strong resistance to any effort by Hogan to reduce school funding. Hogan’s plan to reduce the Old Line State’s overall tax burden, one of the nation’s highest, will likely fall apart in the face of worries over the increased costs.

But based on Dropout Nation‘s analysis of the pension’s financial numbers, the woes with which Hogan, legislators, and counties must wrangle are even worse than they realize.

As officially reported by the Maryland State Retirement and Pension System, which manages TCS, the pension is virtually-insolvent to the tune of $10.8 billion. But as this publication always reminds you, actuarial tricks such as smoothing (which allow for losses and gains to be recognized over five-year periods instead of immediately on a market-value as required in the private sector) essentially conceal the true value of pension assets, which meas that insolvencies may actually be greater than initially reported.

For TCS, the real problem lies with overly-inflated rates of returns on investments. This allows pensions to report insolvencies as being lower than they actually. How? During good times, when the stock and bond markets are performing stellar, pensions can claim that investments can cover shortfalls. This leads politicians to abandon all fiscal prudence by increasing annuity payments and reducing contributions paid by states, districts, and teachers in the hopes that Wall Street will cover the shortchanging. During periods such as the economic malaise that has engulfed the nation since 2007, pensions can simply continue assuming that the markets will cover those insolvencies some day; because rates of return are key in determining shortfalls, a high rate of return gooses up the value of assets even if isn’t reality.

The best approach is to assume a conservative rate of return, based either on yields for AA-rated corporate bonds (such as Citibank Pension Liability Index used by Moody’s Investors Service for its analysis of defined-benefit pension liabilities, or Barclays Capital Long U.S. Corporate Index), or a base rate of 5.5 percent as utilized by Dropout Nation based on an earlier version of Moody’s pension analysis model. In the case of TRS (as well as Maryland’s pensions for other civil servants), the official rate of return is 7.65 percent is at least 2.1 percentage points higher than it should be.

So to get to the full level of underfunding, Dropout Nation uses a version of the Moody’s model, using the 5.5 percent rate of return; for every percentage point decrease in rate of return, shortfalls increase by 13.3 percent. Based on the analysis, TCS’ is actually insolvent to the tune of $13.8 billion, or 28 percent higher than officially reported. Based on a 17-year amortization schedule, taxpayers would have to pay out an additional $813 million a year just to cover the shortfall; that is 81 percent more than the $1 billion contributed in 2013-2014 (which was $359 million less than was supposed to be paid).

For Hogan, addressing the shortfall in any sensible way becomes difficult because of O’Malley’s pension revamp. The governor could shift those full costs onto counties and districts. But massive property tax hikes won’t go over so well with homeowners, who will be reminded by superintendents and county executives that the fault lies with Annapolis, and thus, Hogan and his legislative colleagues. The state itself also doesn’t have a lot of wiggle room. The round of tax hikes under O’Malley’s tenure is one reason why Hogan won the top job over Lt. Gov. Anthony Brown last year.

There’s also the pressure from the Old Line State’s other virtually-busted pensions, which MSRPS officially reports as being $8.8 billion, but is more-likely $11.3 billion based on Dropout Nation‘s estimates. Taxpayers would have to pay an additional $662 million a year over 17 years (or nearly double the $734 million paid in 2013-2014) just to address those shortfalls properly. Pension costs account for 3.9 percent of state budget costs in 2013-2014, according to this publication’s analysis.

Meanwhile the problem will continue to get worse. This is because the number of retirees continues to grow. The number of TCS retirees increased by 43 percent between 2004-2005 and 2013-2014. With an average of 3,024 new retirees coming on board every year (all under the larger Teachers’ Pension System) at a cost of $61.8 million, TCS’ insolvency will continue to grow.

The state has failed to address TCS’ insolvency properly — and not just by shortchanging it by not paying the full tab. Because teachers only pay 31 cents out of every dollar put into the pension (versus contributing every dollar under a defined-contribution plan with an employer match up to six percent), they aren’t paying enough toward their own retirements.

But the problem isn’t just for taxpayers. Since three out of every 10 newly-hired teachers will leave classrooms within five years — and even higher rates of attrition are likely among high-quality instructors — defined-benefit pensions such as TCS are of no use to them. Because it takes 10 years to fully vest into a TCS pension — and the retirement funds aren’t portable as defined-contribution plans are — many teachers are unlikely to fully benefit from the few dollars they actually pay in. These problems, along with TCS’ underfunding, is why the National Council on Teacher Quality rated Maryland D-plus, or among the worst states for teacher retirement in a study it released last month. All in all, TCS is a bum deal for teachers, taxpayers, and children alike.

Hogan needs to take serious long-term steps on the pension front. This starts with fully paying down TCS’ insolvency (along with that of Maryland’s other pensions). The state will have to bear some of the additional costs; so will existing teachers, who must pay additional contributions into the pension just to address the shortfall. Since the state has no explicit laws on the books granting vesting rights to teachers and other public employees, the state should also move to shut down TCS other than to pay out benefits owed to retirees and current teachers who have already paid into it. The state must also put an end to cost-of-living increases for retirees, which add to the liabilities.

At the same time, Hogan must provide a better retirement deal for teachers, especially high-quality instructors who deserve better. This includes moving new teachers and current instructors into a hybrid system that features a contribution plan to which teachers can contribute as much toward their retirement as they so choose (with a five percent match from districts) along with a smooth accrual defined-benefit element similar to an approach advocated by Josh McGee of the John and Laura Arnold Foundation and Marcus Winters of the Manhattan Institute in a report released last year.

For Hogan, the state’s teachers’ pension woes provide a rude awakening to the realities of governing. He will need to use this early period to rally support for addressing a pension crisis that will complicate the state’s long-term prospects.

 

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Bobby Jindal’s $15 Billion Pension Problem

These days, Bobby Jindal is grasping at every straw he can to help his all-but-dead campaign for the Republican presidential nomination gain traction. From demanding today at a Heritage Foundation…

These days, Bobby Jindal is grasping at every straw he can to help his all-but-dead campaign for the Republican presidential nomination gain traction. From demanding today at a Heritage Foundation event that House and Senate Republicans ditch the Affordable Care Act and implement an alternate healthcare plan, to floating a quixotic plan to end the nation’s dependence on oil on Monday, to his continuing desperate effort to halt execution of Common Core reading and math standards he once strongly supported, the once-respectable Louisiana governor is doing all he can to win over movement conservatives and moderate Republicans needed to gain the nod.

statelogoYet you won’t find Jindal talking much about addressing the long-term defined-benefit pension and unfunded retired civil servant healthcare costs that are now burdening the balance sheets of every state government. For good reason. Jindal has done almost nothing to address the Bayou State’s massive pension deficits. Two years ago, the Pew Center on the States reported that the Bayou State’s collection of pensions were only 56 percent funded. Because of the state’s fiscal fecklessness — along with the high costs of the deals it made with local governments and public-sector unions — the state was faced with paying down $51 billion in unfunded pension liabilities, along with another $10 billion in unfunded retired civil servant healthcare costs (for which Jindal and his predecessors have put away no money to cover). Moody’s Investors Service determined last year that the state’s pension shortfalls, when accurately determined, were 30 percent greater than revenue. Even with such high-profile spankings, Jindal, along with his colleagues in state government, have still done nothing to address the problem.

To see how badly Jindal has handled the Bayou State’s long-term fiscal woes, just look at the latest comprehensive annual financial report for the Teachers Retirement System of Louisiana, the defined-benefit pension for teachers and other school employees.

The pension officially reports an underfunding of $$11,.3 billion for 2012-2013. Based on the official numbers, the insolvency is 72 percent higher than the $6.6 billion it reported in 2007-2008, the year Jindal took office. Just on these numbers alone, it is clear that Jindal, along with his colleagues in the state legislature and the Board of Elementary and Secondary Education, have done little to reverse the pension’s tenuous status as a going concern.

But as with most state pensions, TRSL is understating the level of its insolvency. For one, thanks to the pension’s smoothing efforts (which allow it to recognize gains and losses over a five year period), only a fifth of its losses were recognized and counted against liabilities. More importantly, TRSL assumes an overly inflated rate of investment growth of eight percent. This in spite of its own admission that it has only achieved a five-year return rate of just 4.8 percent on its investments, which, by the way, is lower than the 5.2 percent five-year return rate Wilshire Associates says has been experienced by the financial markets. The pension admits that its assets (on an actuarial basis) decreased by 5.4 percent between 2008 and 2013, even as its benefit payouts increased by 30 percent (from $1.4 billion to $1.8 billion) in that time.

To get to the true level of TRSL’s insolvency, Dropout Nation uses a version of a technique developed by Moody’s Investors Service, which assumes a more-realistic 5.5 percent rate of a return. [Moody’s bases its rate of return on the performance of a bond index, which can range between four and six percent.] Based on those numbers, TRSL’s true insolvency is likely $15.4 billion, or 36 percent higher than officially reported. If Louisiana state government was forced to make up the shortfall over 17 years, taxpayers would have to contribute an additional $905 million a year, or 92 percent more than the $984 million paid into the pension last year. This, in turn, would have meant that the state would have had to carve out an additional three percent of its $29.7 billion budget just to shore up the pension.

For Louisiana, addressing TRSL’s insolvency is especially critical because more Baby Boomers in the teaching ranks are heading into retirement. Each year, 1,602 Bayou State teachers covered by TRSL have retired every year between 2004 and 2013, according to a Dropout Nation analysis. Each retiree, on average, collects an annual annuity of $24,358. [Four-point-eight percent of them, or 2,899 retired teachers and school leaders, are collecting annual annuities of $54,000 a year or more.] So TRSL can easily expect to pay out at least an additional $39 million a year — and even that is an understatement: The pension paid out $92 million in new annuities last year thanks to the retirement of 3,095 teachers and other school workers.

Certainly Jindal, who only holds one seat on TRSL’s 17-member board through the state department of administration, can’t take all the responsibility for its woeful condition. After all, the Bayou State legislature holds two seats on the pension’s board (as well as exercise ultimate control over its finances through appropriations and budgeting), while State Treasurer John Kennedy also sits on the board. They, along with Supt. John White, who sits on the board (as well as predecessors including former state education boss Paul Pastorek), must join the governor in taking responsibility for its virtual insolvency.

Yet Jindal can’t be let off the hook. As seen in his effort to halt Common Core implementation, as well as with his more-laudable efforts to expand the Bayou State’s school voucher program, Jindal has been more than willing to aggressively take on issues, especially if it also helps his ambitions of higher elected office. The fact that Jindal has done little more than sign into law House Bill 61, which would have put new state’s higher ed employees into a cash-balance pension plan before it was struck down by the state supreme court, shows how little Jindal cares about addressing the very fiscal issues that, along with education, can make the difference between Louisiana emerging as a leading state and it continuing its woeful position as the worst in everything that matters.

Jindal still has a little time left in office to take on pension reform in a meaningful way. One solution must start with increasing the contributions paid by current workers into the pension. Teachers contribute just 25 cents out of every dollar contributed into TRSL in 2013; this is eight cents lower than the contribution level in 2008. Increasing teacher contributions to at least 37 cents of every dollar put into the pension — the level of contribution made by teachers a decade ago — would at least be a good start.

But it won’t be enough because increasing contribution levels alone doesn’t reduce the growth in unfunded liabilities that comes with additional retirements. This will only come if Louisiana takes an even bigger step: Moving existing and new teachers out of TRSL and putting them into a hybrid plan that features a defined-contribution element into which they can save as much as they choose for retirement. Certainly Jindal will have to work hard to rally the two-thirds support in the legislature needed for passing such a plan. But he could work with his likely successor as governor, U.S. Sen. David Vitter, to make it a reality.

For Louisiana, school districts, and ultimately, taxpayers and children, this move would immediately slow the growth in TRSL’s liabilities. It is also beneficial for younger teachers. Given that half of them are likely to leave the profession within their first five years, moving to a portable hybrid retirement plan would actually allow them to reap the full rewards of their work.

The Bayou State faces a pension crisis nearly as daunting as its educational woes. But if Jindal is serious about leaving office with some kind of a legacy worth having, especially in light of how his counterproductive battle to halt Common Core implementation has ruined him politically, he should tackle it with vigor.

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Jindal’s Anti-Common Core Fantasy

Your editor could opine about some of the amazing aspects of Louisiana Gov. Bobby Jindal move yesterday to file a federal suit in his ambition-driven jihad against Common Core reading…

Your editor could opine about some of the amazing aspects of Louisiana Gov. Bobby Jindal move yesterday to file a federal suit in his ambition-driven jihad against Common Core reading and math standards. Start with the fact that Jindal, along with other movement conservative Common Core foes such as FreedomWorks and the Pioneer Institute (which harrumphed about the suit in a press release) are demanding the kind of judicial activism they often oppose. In fact, FreedomWorks complained that last week’s ruling by a state court judge against Jindal’s effort to halt Common Core implementation (a clear violation of state law) was such even when it wasn’t so.

whycommoncoreThere’s also the fact that Jindal’s suit rails against the Obama Administration’s support for states voluntarily implementing Common Core when he championed that very help for the Bayou State’s reform efforts four years ago. Jindal’s flip-flop was laid out in great detail last week by Louisiana Nineteenth Judicial District Judge Todd Hernandez in his ruling against Jindal’s executive order attempting to halt the standards, as well as by your editor back in June. It is hard for Jindal to square his proclamation that he is against any federal support for systemic reform against declarations five years ago that Louisiana was in “great position” to win federal Race to the Top funding.

But none of this is surprising. As Dropout Nation has pointed out since June,, the Louisiana governor’s effort to kibosh Common Core implementation, both within his state and now on a national level, is driven less by either ideology and principle than by a desire to bolster support for his likely run for the Republican presidential nomination among movement conservatives. None of this has worked out in Jindal’s favor at the polls. But in filing this latest suit (along with earlier, unsuccessful litigation at the state level), Jindal believes he can still get a heads-up against other Republican aspirants by saying that he was the only one who took legal action against Common Core implementation. But what do Common Core foes get out of this? For them, Jindal’s 29 pages of fury and fantasy allows them to further their incredible narrative of implementation as some sort of federal coercion.

But in the process, both Jindal and his fellow-travelers against Common Core have ensured themselves of embarrassment on a national stage in the one place they can’t win the day: Courts of law where facts count.

But let’s get to the gist of Jindal’s suit. In it, Jindal and his allies are asking a federal district court judge to invalidate the rules governing Race to the Top because the entire effort supposedly violates federal law — including the General Education Provisions Act, the No Child Left Behind Act, and the law authorizing the creation of the Department of Education itself. How? Because in Jindal’s mind, Race to the Top has put the Obama Administration in the position of controlling Louisiana’s curricula and that of other states. How? By awarding funding to those states who voluntarily implemented Common Core along with other reforms such as eliminating caps on charter school growth.

That Race to the Top also included a round that funded the work of the PARCC and Smarter Balanced consortia developing Common Core-aligned tests makes the federal coercion even stronger than one would realize. How? According to Jindal’s attorneys, the fact that PARCC and Smarter Balanced detail their work on developing the tests means that it is explicitly developing curricular materials. Since the Obama Administration granted Race to the Top money for that purpose, this means that it is directly controlling curricula in violation of federal law.

As mentioned, Jindal’s argument isn’t a new one. Pioneer has argued that line since 2012, when it recruited former Bush Administration lawyers Kent Talbert and Robert Eitel (along with Stanford University’s resident anti-Common Core activist, Bill Evers) to pull out a report questioning the legality of federal support for Common Core implementation. More importantly, Jindal’s narrative is based on that of Pioneer and its fellow Common Core foes, most-notably Neal McCluskey of the libertarian Cato Institute, all of whom view any federal support for the standards as coercion.

Yet Jindal (along with his allies) leaves out a few inconvenient facts — and not just that he led Louisiana’s successful effort to gain $17.5 million in Race to the Top (including Common Core implementation) before he decided he was against it.

There’s the fact that Race to the Top is a voluntary effort under which states can win federal funding so long as they implement a set of reforms they have chosen on their own. The fact that a mere 18 states ended up receiving Race to the Top funding (out of 50) since 2010 and that most of those states only garnered funding for teacher evaluation, school data system, and charter school expansion efforts (and not simply for Common Core implementation) makes lie of Jindal’s coercion argument (and that of his fellow Common Core allies). Because no aspect of Race to the Top involved the Obama Administration actually blessing any curricula — and since states could refuse to either implement Common Core or develop their own form of college and career-ready standards as part of their grant proposal — Jindal can’t prove that the administration’s actions violate GEPA or any federal statute. [That the American Recovery and Reinvestment Act, which governs Race to the Top, likely supersedes any other education laws on the books, is also a consideration that Jindal has ignored.]

If anything, the federal government has proven far too willing to accommodate states that haven’t fully met their promises. New York, for example, hasn’t returned any of its $696 million in Race to the Top funding even though it still hasn’t fully implemented the teacher evaluation system at the heart of its successful grant request. Only Hawaii was considered at high risk of losing its $75 million grant — and even the Aloha State has managed to keep its funding in spite of struggles on implementing its promised teacher evaluation system. Put simply, the Obama Administration could easily prove in court that it hasn’t engaged in any coercion, much less any control over state policymaking.

Then there’s the fact that Jindal fails to admit that states were on the path to developing Common Core’s long before the Obama Administration came into the picture. Starting in 2004, Achieve Inc., through its American Diploma Project, worked with 35 states (including Louisiana) to help them develop curricula requirements for obtaining high school diplomas. By 2008, a year before the formal development of Common Core, Achieve released Benchmarking for Success, a report which laid out much of the framework for how Common Core’s standards would be crafted as well as offered guidance to states in revamping standards on their own.

A year later, the work on developing common standards came to fruition when governors and chief state school officers through their two policymaking groups — the National Governors Association and Council of Chief State School Officers — began developing what are now Common Core reading and math standards. The two groups gleaned the lessons from Achieve’s efforts, along with the lessons gleaned from earlier standards development efforts by reform-minded governors and standards-and-accountability activists. Especially given Jindal’s role in Louisiana’s successful move to approve Common Core (including passage of his school reform package in 2012 that makes implementation of the standards one of its centerpieces), Jindal can’t prove coercion.

Meanwhile the argument that the Obama Administration is coercing states into implementing Common Core is laughable. In fact, they actually requested federal support for the effort. More importantly, federal support for reforms at the state level is nothing new or illegal. From the passage of the Morrill Land Grant in 1863 to the National Defense Education Act of 1958, administrations Republican and Democrat have encouraged systemic reforms such as providing comprehensive college-preparatory curricula.

The Reagan Administration’s release of A Nation at Risk in 1983 led to the launch of some 25o commissions and panels working on developing curricula standards and other matters. A decade later, the Clinton Administration’s passage of Goals 2000 as well as the reauthorization of the Improving America’s Schools Act, the immediate predecessor of the No Child Left Behind Act, furthered reforms already beginning in states. Then came No Child in 2001, which gave reform-minded governors the tools they needed to advance reforms and overcome opposition from traditionalists within their states. No Child also supported what would be the coming together of states on developing common curricula.

This federal support for state-level reforms extends to the development of standardized testing regimes such as those provided by PARCC and Smarter Balanced. It was the passage of the National Defense Education Act that led to the first wave of standardized testing regimes. Four decades later, the Improving America’s Schools Act and then No Child, would support state level testing efforts. For Jindal and Common Core foes to prove that the Obama Administration acted illegally, they would have to argue against what can only be called settled law.

Simply put, Jindal has no case. Even worse for Common Core foes, the Obama Administration, along with supporters of the standards, could make mincemeat of their entire argument. The facts fail to support the narrative conjured up out of thin air by Common Core foes. Luckily for most of Jindal’s fellow-travelers against the standards, they don’t work in institutions of higher education; as is, particularly for once-sensible reformers, their fanciful federal coercion narrative, along with their willingness to associate with demagogues such as once-respectable education historian Diane Ravitch, radio talk show host Glenn Beck, and pundit Michelle Malkin, hasn’t covered themselves in any glory.

[Let’s also note that the case can be made that the federal government hasn’t done enough to hold states accountable for meeting their promises under Race to the Top. This need for accountability, by the way, would also make it hard for Oklahoma to sue the Obama Administration over its move today to end its No Child waiver; the state voluntarily implemented Common Core a year before applying for a waiver, and had promised to have college-and-career ready standards of some kind in place in exchange for being allowed to ignore federal law. Your editor will elaborate more on that tomorrow.]

If anything, Jindal’s lawsuit will end up backfiring on Common Core foes by allowing supporters of the standards to jujitsu their fanciful narrative on the national legal stage.

Meanwhile Jindal’s lawsuit also gives Common Core supporters a new opportunity to make some key points. The first? That the Obama Administration’s support for Common Core is no different than what earlier presidents — including Ronald Reagan and George W. Bush — have done for other state-level reform efforts: Provide much-needed (and as Ilya Somin of the Cato Institute would likely note, much-desired) cover for reform-minded governors and school leaders to undertake critical efforts opposed by traditionalists entrenched in American public education’s super-clusters of failure.

The second: That Common Core implementation is a key step in addressing the reality that far too many kids, especially those from poor and minority backgrounds, are not getting the comprehensive college-preparatory curricula they need and deserve in an increasingly knowledge-based economy and society. Given that the federal government is charged under the U.S. Constitution and by laws such as No Child with defending the civil rights of black, Latino, Asian, and poor white children, the case can be made that not enough is being done by the Obama Administration to support implementation.

And finally, by so fervently opposing Common Core implementation, especially with conspiracy-theorizing that is intellectually senseless, the motley crew of movement conservatives, hardcore progressive traditionalists, and even once-sensible reformers have essentially revealed themselves to be far more concerned with comforting their ideologies (and in the case of traditionalists and some school choice activists, their financial interests) than with building brighter futures for kids. Especially in light of the data on how few of our most-vulnerable kids are being provided college-preparatory learning from the moment they enter school, opposing Common Core implementation is morally indefensible. Common Core foes cannot claim to be concerned about the futures of children when the consequences of their opposition harm them the most.

By the time Jindal’s lawsuit gets tossed out of court, the governor will have destroyed what’s left of his future political prospects as well as ruined what was once a respectable legacy on the school reform front. But for Common Core foes, the damage may be even worse than that. The good news for supporters of the standards is that once again their opponents are their own worse enemy.

 

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