Stocktonfs Pension-Protecting Bankruptcy Plan Approved
By Michael Bathon, Alison Vekshin and Steven Church
Oct 30, 2014 - Bloomberg
Stockton, California, won court approval of its plan to exit bankruptcy
by paying bond investors pennies on the dollar while shielding public pensions,
in a case watched by other cities facing heavy retiree costs.
gThis plan, Ifm persuaded, is the best that could be done in terms of
restructuring the cityfs debts,h U.S. Bankruptcy Judge Christopher Klein said at
a hearing today in Sacramento,
the state capital.
Bankruptcy lawyers and pension advocates nationwide have been following the
case to see whether pensions administered by the California Public Employeesf Retirement System would be
protected from cuts.
Klein ruled earlier that Calpers doesnft deserve special protection, the
first time the biggest U.S. public pension fund was found vulnerable to cuts in
a bankruptcy. Calpers and public-worker groups decried the decision. A
bankruptcy judge in Detroit
ruled has against pension funds in a similar situation.
Detroit will learn next week whether it can proceed with a $7 billion
debt-cutting plan. The city filed the biggest U.S. municipal bankruptcy last
year, listing $18 billion in liabilities. Its trip through court has been faster
than Stocktonfs, and settlements that would impose cuts on major creditor
groups, including retirees and some bondholders, were reached through mediation.
Earlier Ruling
The earlier ruling by Klein gave Stockton the opportunity to end the Calpers
contract, which it declined to do because, as the judge said, the workers gwould
be the real victims.h
Ending the contract with Calpers would have reduced pensions by 60 percent
and caused many employees to leave, Marc Levinson, Stocktonfs lead bankruptcy attorney, has
said. It would have taken years to set up a new pension system, he said.
Meanwhile, workers agreed to gquite substantialh concessions in pay, which
has an indirect effect on pensions, Klein said.
gThe city has made a smart decision to protect pensions and find a reasonable
path forward to a more fiscally sustainable future,h Calpers Chief Executive
Officer Anne Stausboll said today in a statement. gWe will continue to champion the
integrity and soundness of public pensions.h
Hands Tied
Dan Pellissier, president of Sacramento-based California Pension Reform, said
Stockton is going forward with gone hand tied behind its backh by choosing not
to reduce its pension burden.
gPension obligations have driven many government agencies toward financial
insolvency, and Stockton is betting that they can manage their financial future
without fixing its unsustainable pension obligations,h he said in a phone
interview. gThe purpose of bankruptcy is to get a fresh start on your finances.h
Stockton, a city of 298,000 about 80 miles (130 kilometers) east of San
Francisco, filed for bankruptcy in 2012 after spending too much on downtown
improvement projects and seeing its property-tax revenue plunge in the housing
crisis. Creditors filed $1.18 billion in claims.
Major Holdout
The major holdout in the case was Franklin
Resources Inc. (BEN) The San Mateo, California-based money manager said Calpers shouldnft be given special
treatment.
Under the cityfs plan, Calpers will be fully repaid while two Franklin funds
will get back only about 1 percent of the unsecured portion of the $36 million
theyfre owed. Franklin will get full payment on its $4 million secured claim.
gWe are obviously disappointed by your ruling and we will evaluate our
options,h James O. Johnston, a lawyer for Franklin, told the judge.
Klein concluded his ruling with a word of caution to other financially
distressed cities considering filing for creditor protection under Chapter 9 of
the Bankruptcy Code, which covers municipalities.
gThis is a very expensive case,h he said. gIt seems to me that itfs
impossible to do Chapter 9 cases without an eight-digit figure.h
Chris Morgan, a director at Standard & Poorfs said, gTherefs a direct cost of going
into bankruptcy, and therefs the reputational cost that comes along with it,h by
setting a city apart from other municipalities.
gItfs really reinforcing our view that bankruptcy is a difficult journey to
go on,h he said.
The case is In re Stockton, 12-bk-32118, U.S. Bankruptcy Court, Eastern District of California
(Sacramento).