It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Thank you.
Some features of ATS will be disabled while you continue to use an ad-blocker.
Detroit's two public pension funds will file an objection on Monday to the city's bankruptcy filing on Michigan constitutional grounds, a representative of the pension boards said on Thursday.
~~~~~
For Detroit's Chapter 9 bankruptcy to proceed U.S. Bankruptcy Judge Steven Rhodes, who is overseeing the case, must first find the city has proved it is insolvent and negotiated in good faith with its creditors, or that there were too many creditors to make negotiation feasible.
The value of a state pension is both the benefits paid to retirees, but the certainty that those benefits will be paid. When the workers retire they expect a fraction of their final salary, increasing with inflation, will be paid to them every year until they die. They will get that money no matter what happens to the stock market or how long they live. That kind of certainty is very valuable. It is why we pay for insurance, to ensure in all states of the world (even a house fire, sudden death of a loved one) you’ll have protection. The state governments have promised to pay out pensions no matter what happens. The problem is they don’t account for the cost of that guarantee.
Lansing— U.S. Bankruptcy Judge Steven Rhodes on Friday directed a federal judge to mediate negotiations between the city of Detroit and its labor unions over collective bargaining agreements.
In a court order filed Friday, Rhodes also tasked Gerald Rosen, chief judge of the U.S. District Court for the Eastern District of Michigan, with mediating claims the various classes of creditors have against Detroit in its bankruptcy case.
Rosen filed a separate court order on Friday scheduling a Sept. 17 closed-door mediation session in his courtroom with representatives of bondholders, banks, labor unions, the city’s pension funds, Detroit Emergency Manager Kevyn Orr and Michigan Attorney General Bill Schuette.
From The Detroit News: www.detroitnews.com...
So which firm is correct? Both are reputable actuarial firms. Orr’s critics say that he, Gov. Rick Snyder and state Treasurer Andy Dillon want to make the funds look bad, that they’re hoping to smooth the path for a takeover of the funds’ governance.
Orr and his financial team say that the Milliman numbers are responsible, conservative estimates, and that the pension fund mismanagement and the city’s inability to make its required contributions are simply one of the deep financial problems he was brought here to fix.
Finding the truth will be one of the bankruptcy court’s biggest tasks in the coming months.
“There may have to be a third analysis, another actuarial analysis,” said Brian O’Keefe of Lippitt O’Keefe, the Birmingham law firm that is general counsel for the city’s two retirement associations. These associations speak for the city’s 23,500retirees.
~~~
Committee members will have the fiduciary responsibility to negotiate with Orr’s team on any changes to health care, pensions or other benefits encompassed in the overall restructuring plan that Orr hopes to propose by the end of the year. The committee would make recommendations on any plan that changed retiree benefits but it would be voted on by the retirees themselves — not the committee.
After U.S. Bankruptcy Judge Steven Rhodes challenged the secrecy of a city database containing information about Detroit’s financial future, the city agreed Wednesday to consider making some documents publicly available while still shielding others containing retirees’ personal information.
During a surprise spat in court with the city’s attorneys, Rhodes called into question the decision to require creditors to sign a confidentiality agreement to access a digital database, called a data room, containing about 70,000 pages of city documents.
Several creditors today will try to persuade U.S. Bankruptcy Judge Steven Rhodes not to approve the first proposed settlement in Detroit’s Chapter 9 bankruptcy.
~~~~
Syncora, which insured the swaps and the pension debt, is the main opponent. Syncora said it has a contractual right to approve the settlement and that it would suffer “massive” financial losses if the swaps are canceled. Several others, including insurers and retiree associations, also have objected for various reasons.
In an effort to keep Detroit’s bankruptcy from getting mired in protracted and expensive litigation, U.S. Bankruptcy Judge Steven Rhodes has promoted the use of mediation to settle disputes over $18.5 billion in city debt and the city’s limited to resources to pay its bills and long-term obligations.
“This is all the rage in bankruptcy these days — they’re trying to get more stuff resolved outside of the courtroom,” said John Pottow, a bankruptcy law professor at the University of Michigan.
From The Detroit News: www.detroitnews.com...
Orr has not proposed specific cuts for pensions, but he wants to lump the unfunded liability in with $11.5 billion in unsecured debts and pay those creditors a $2 billion settlement — about 17 cents for each dollar owed.
From The Detroit News: www.detroitnews.com...
Emergency Manager Kevyn Orr said Wednesday he would need “overwhelming” evidence of alleged waste and investment mismanagement within city pension funds before he would consider taking control of a retirement system worth more than $5 billion.
Orr is awaiting final results of a joint investigation by the city’s auditor and inspector generals and an analysis of the retirement system’s financial health before deciding whether he should oust pension fund members — an option available to him under Michigan’s emergency manager law.
From The Detroit News: www.detroitnews.com...
Originally posted by DontTreadOnMe
......
Have I mentioned lately how much I just don't trust this guy
Detroit— The city approved up to $5 million worth of contracts this week for firms linked with a media company tied to a bribery scandal involving ex-Mayor Kwame Kilpatrick, his fraternity brother and the city’s pension funds, The Detroit News has learned.
The firms are connected to newspaper publisher Hiram Jackson and received the contracts even though his company, Real Times Media, was involved in a deal in which a city pension fund allegedly lost $13.3 million — a deal included in a bribery and kickback case pending in federal court.
Detroit— Pension trustees weakened the city’s retirement fund by using hundreds of millions of dollars on savings plans for active workers and doling out annual bonus checks, according to a restructuring expert hired by the city.
The practice — in effect since at least the mid-1980s — was “effectively robbing” the city’s pension funds and contributed to a “significant underfunding” of the city’s pension funds, according to a report from restructuring firm Conway MacKenzie.
The report — written by Charles Moore, a consultant with Conway MacKenzie — said the General pension fund distributed more than $532 million in annuity savings plan payments in the last five years, an income stream for workers that flowed during good and bad years.
In 2009, for instance, when the pension fund lost 24 percent of its value, workers earned 7.5 percent on their savings plans — a payout the consultant called “egregious” and “an abuse of discretion.”
The debate about city-owned art raises questions about civic values and what kind of city Detroit should be. Why have so many people rallied to support the art and not the people threatened with a devastating loss to their livelihoods?
That disparity reflects the tone-deafness among many people that accompanied Detroit’s long slide into fiscal anarchy. For years, the increasingly beleaguered and shrinking city struggled for survival, surrounded by a generally prosperous and growing region that purred with self-satisfaction and mostly ignored Detroit’s plight. In some quarters, people even attacked the city and its residents for being so needy.
The outpouring of support for the DIA reinforces the idea -- shared by a good number of metro residents -- that Detroit is some amusement park whose treasures are there to be used for people’s pleasure with little regard for the city’s residents and their concerns.