April 19, 2024

Surpluses Help, but Fiscal Woes for States Go On

And some of the surpluses that are materializing, as welcome as they are, are not as robust as they appear at first glance — especially as bills come due for some of the costs that states put off during the long economic downturn.

When Texas lawmakers went into session in January, they were met with some good news: the state was projecting an $8.8 billion surplus when its two-year budget cycle ends in August. But it turned out that much of that extra money was already spoken for: more than half of it had to be used to pay Medicaid costs the state had delayed paying earlier.

And Texas, like many states, has not been fully funding its pensions. Last year the state contributed just 49.2 percent of what actuaries said was needed by the state workers’ pension fund. Eventually the remaining money, around $358 million, will still have to be put into the fund, along with the 8 percent investment return the fund is supposed to earn each year.

In Hawaii, Gov. Neil Abercrombie, a Democrat, recently opened his re-election campaign by noting that the $200 million deficit he inherited upon taking office has been transformed into a positive balance of $300 million. But Hawaii faces enormous looming bills: its pension system currently has less than 60 cents of every dollar it has promised retirees, and it is more than $13 billion short of what it will need to pay for the health coverage it has promised its retired workers.

And California, which faced a $26 billion deficit two years ago, expects a surplus of between $1.2 billion and $4.4 billion this year, thanks to a combination of tax increases, budget cuts and an improving economy. But it could be erased if the state were to adequately finance its teachers’ pension fund, which says it will need an additional $4.5 billion a year, much of it from the state, to pay the benefits it promised.

“The problems are still there,” said Richard Ravitch, a former lieutenant governor of New York who formed a State Budget Crisis Task Force last year to focus attention on the long-term problems facing states. “It’s retirement expenses, generally, and health care expenses — and they’re crowding out other things.”

Of course, surpluses are better than deficits. When the fiscal crisis hit states full force in 2009, 41 states were forced to make disruptive midyear budget cuts, according to a survey by the National Governors Association and the National Association of State Budget Officers. This year, only a handful did — and most states are expected to end the year with surpluses, or with money to replenish their depleted rainy-day funds.

But many challenges loom, as they have since before the recession. A 2007 study by the Government Accountability Office was titled “State and Local Governments: Persistent Fiscal Challenges Will Likely Emerge Within the Next Decade.” This spring the office warned that the continuing near-term and long-term state and local government challenges “add to the nation’s overall challenges,” noting that the problem was largely driven by rising health care costs.

And some states are still in considerable fiscal distress. Illinois, which still faces large backlogs of unpaid bills, the weakest pension system of any state and the lowest credit rating of any state, failed to approve an overhaul of its pension system this week. As time was running out in its state legislative session, some leaders in the Democrat-controlled Capitol were pleading for a last-ditch plan to address the state’s pension crisis. The system was in bad shape even before the financial crisis of 2008 struck, and now it requires an ever-bigger slice of the state budget every year to meet its promises.

Donald J. Boyd, a senior fellow at the Nelson A. Rockefeller Institute of Government, in Albany, said states still face enormous costs to pay for the obligations they have made. “I know a lot of people are pinning their hopes and mantras on the idea that an improved stock market will bail pension funds out, but it will take so much more than we have seen — and the risk to governments, if it goes wrong, is frightening,” he said.

In some states the surpluses may reflect an improving economy, but in many they are the result of the tough steps taken during the downturn, which included making deep cuts to services; furloughing, laying off and reducing the benefits of workers; delaying repairs to roads and bridges; and raising taxes.

To some extent, said Scott D. Pattison, the executive director of the budget officers’ group, the current surpluses are a reflection of the way that the states’ annual revenue forecasts grew more conservative during the downturn and slow recovery. “It’s more a function of there being more money than they thought there would be,” he said, “and not a signal that their financial challenges are over.”

Now the surpluses have spurred debate in statehouses around the county, with some officials seeking to restore services and rehire workers, and others pushing new tax cuts. Governors from both parties, though, find themselves urging restraint as their states climb back from the recession.

Barry Anderson, the deputy director of the National Governors Association, used a homespun analogy for the situation that many states find themselves in. “I can see Mom and Dad at the kitchen table,” he said, “saying: ‘Wow, we did a little better than we anticipated here — but let’s not go out and blow it all, let’s set it aside. Because we know, not only do we need a new car, or to take care of the leaks in the basement, but Johnny and Joanie are going to need insurance coverage.’ ”

Rising health care costs continue to pose one of the biggest challenges to states, and the trend has many governors concerned.

Although the rate of Medicaid cost increases has slowed, Mr. Anderson said, those costs have continued to rise — and enrollments have risen as well, driving up expenses for many states. Medicaid was the biggest single component of total state spending this year, the most recent survey of states found: states were planning to spend 23.9 percent of their money on Medicaid — more than the 19.8 percent they were planning to spend on primary and secondary education, and more than what they planned to spend on higher education and transportation combined. Many states put off needed road maintenance during the downturn.

There are other threats on the horizon as well. Both Mr. Anderson and Mr. Pattison cautioned that some of the better-than-expected tax collections that many states experienced this year could be a one-time fluke: a higher-than-usual number of taxpayers apparently sold investments at the end of 2012 as Congress debated what to do about the so-called fiscal cliff, fearing the prospect of higher tax rates.

“We’re advising states to consider identifying money that is the result of one-time-only activity,” Mr. Pattison said, “and then try to avoid putting that into ongoing operating expenses.”

Monica Davey contributed reporting.

Article source: http://www.nytimes.com/2013/06/01/us/surpluses-help-but-fiscal-woes-for-states-go-on.html?partner=rss&emc=rss

Economix Blog: Americans Got Much Poorer Last Quarter

Americans got much poorer last quarter, as their collective household net worth suffered the biggest decline in three years.

The total net worth of American households and nonprofit groups fell by $2.4 trillion in the third quarter of this year, according to a new report from the Federal Reserve. That was a decline of 4.1 percent compared with the second quarter.

DESCRIPTIONSource: Federal Reserve, via Haver Analytics

Wealth declined primarily because the financial markets did poorly. Americans saw big drops in the value of their assets like corporate equities (stocks), corporate and foreign bonds, mutual fund shares and pension fund reserves.

Household real estate assets also suffered, falling in value by $98.3 billion (0.6 percent) from the previous quarter, in nonseasonally-adjusted terms.

Partially offsetting the decline in assets was a smaller decline in household liabilities as families continued to cut back on debt, with the decline in mortgage debt more than offsetting the increase in consumer credit.

Don’t break out the Champagne just yet, though. Total debt for the United States — that is, also including corporate and government debt — hit another all-time high because government borrowing is still outpacing the rate at which households shed debt.

Guess who will ultimately pay back that government debt: American households.

Article source: http://feeds.nytimes.com/click.phdo?i=fadbdd01264aa8046973521994484d27

DealBook: Ex-Lehman Officials to Pay $90 Million to Settle Suit

Richard S. Fuld, Lehman's former chief executive, is among those being sued.Jim Young/ReutersRichard S. Fuld Jr., Lehman’s former chief, is among those being sued.

Former officials of Lehman Brothers, including Richard S. Fuld Jr., its former chief executive, have agreed to pay $90 million to settle a shareholder lawsuit that accused them of misleading investors about the investment bank’s health in the months leading up to its collapse.

In a court filing on Thursday in Federal Bankruptcy Court in Manhattan, 13 Lehman executives and directors asked a judge to release insurance proceeds that would pay for the settlement.

The potential settlement, which would be the largest to date of a lawsuit against Lehman’s top officials, would not affect the status of any outstanding government investigations of the company and its management.

Three years ago next month, Lehman Brothers filed for the largest corporate bankruptcy in history, an event that helped set off the global financial crisis. The company has been protected from litigation since it filed for Chapter 11 bankruptcy.

But investors filed several lawsuits against former Lehman officials, including one filed by a group of pension funds that asked for billions of dollars in damages, accusing the bank’s senior executives and directors of lying about its financial state.

The pension fund lawsuit contends that Mr. Fuld; Erin Callan, the bank’s former chief financial officer, and others “concealed the true extent of the company’s exposure to subprime-related assets and financial positions, and materially misled the investing public.”

If the bankruptcy judge agrees with the Lehman officials‘ request and releases the insurance proceeds to settle this lawsuit, Mr. Fuld and his former colleagues will not have to bear any personal expense in resolving the case. They would also neither admit nor deny wrongdoing.

Lawyers say it is common for insurance proceeds to cover corporate directors and officers in shareholders’ lawsuits.

“It is unusual for individual executives to pay out of their own pockets,” said Kevin Lacroix, a lawyer and author of the DO Diary blog. “Companies buy insurance for exactly a situation like this where it is insolvent and cannot indemnify their directors and officers.”

Only in rare instances do directors and officers have to make out-of-pocket payments in shareholders’ suits. In 2005, former Worldcom directors paid about $25 million of their own money to resolve a lawsuit with the company’s investors. Enron directors also paid roughly $13 million to settle shareholders’ claims.

In those cases, the companies’ insurance policies did not cover the cost of the settlement. In the case of Lehman Brothers, the investment bank’s policies are valued at a total of $250 million, according to the court filing.

Other litigants are scrambling to settle cases with Lehman before the company’s insurance coffers are empty.

The former Lehman officers have has also asked the bankruptcy court to release $8.25 million in insurance proceeds to settle a separate claim by the state of New Jersey against Mr. Fuld and his former colleagues.

Article source: http://feeds.nytimes.com/click.phdo?i=57abb638ec9990f6d6618c8fcf786c88