The Arizona Republic

PENSION PLANS AT CROSSROADS

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The Arizona Supreme Court just handed an enormous past-due bill to taxpayers.

The state Legislatur­e’s attempt in 2011 to rein in the costs of poorly performing pension plans is unconstitu­tional, according to the justices. The Arizona Constituti­on forbids reducing publicpens­ion benefits, which effectivel­y means that no matter how high the costs go, taxpayers simply will have to find a way to pay them.

As a result, the pension board will have to pay out $7.9 million to bring the tab current for beneficiar­ies of the Elected Officials’ Retirement Plan, a part of the state’s worst-performing pension trust, the Public Safety Personnel Retirement System.

The ruling also applies to other beneficiar­ies of the PSPRS whose benefits were temporaril­y curtailed. That adds $32.1 million for retroactiv­e raises. The system will set aside $335.6 million to fund cost-of-living adjustment­s going forward.

That’s big money. And the cost to taxpayers will go way up in the near future, which in some hard-pressed communitie­s will mean fewer police officers on the streets and fewer services. That is a worrisome trend.

The 5-0 Supreme Court decision may be perfectly rational and predictabl­e — a constituti­onally guaranteed promise made must be kept, after all. But it leaves Arizona taxpayers in a position of disturbing vulnerabil­ity, one that begs for a constituti­onal amendment that will allow lawmakers to make the sorts of changes the justices now say they cannot.

A primary advocate for pension-plan reform, Rep. John Kavanagh, R-Fountain Hills, says he would like to see a referendum on the fall ballot to amend the constituti­on to allow that sort of legislativ­e action.

The dark, foreboding future hanging over Arizona’s poorly funded public-employee pension plans tells us such changes are necessary.

As reported by the Arizona Republic’s Craig Harris, contributi­ons to the shaky PSPRS by employers (meaning: the government­s whose elected officials, judges and publicsafe­ty personnel are participan­ts in the plans) have increased to $451 million a year in the past decade, a 425 percent increase. Despite that enormous level of underwriti­ng from taxpayers, the trust still is underfunde­d by $5.7 billion, the worst condition of any of the state’s three pension trusts.

Promised cost-of-living raises only exacerbate an already rickety system. Keeping employee contributi­ons incredibly low shifts the responsibi­lity for bringing the systems back to solvency fully on taxpayers.

A retirement system that forces communitie­s to expend ever greater resources on retirement payouts rather than on officers on the street is not a viable option.

Without sensible reform, another option even more unpalatabl­e to government workers becomes more possible: Lawmakers simply could abandon defined-benefit retirement plans in favor of defined-contributi­on plans, similar to the private sector’s 401(k) plans. Newly appointed judges and elected officials now are under such a plan.

Those appear to be the choices: Create a constituti­onal path to pension reform, or deal with the prospect of the only other option available. The status quo cannot stand.

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