States declaring bankruptcy?

According to an article in the New York Times, states and the federal government are beginning to explore the possibility of bankruptcy for states. This would obviously have major ramifications for almost everyone but no one would be as effected as retired state workers living on their pensions

http://www.nytimes.com/2011/01/21/business/econom…

Quote: Bankruptcy could permit a state to alter its contractual promises to retirees

How bad could this get?

 
Best Response

It's notgoing to happen at the state level. Ever. Before banking I was in muni credit analysis- I'm on an iPhone so don't want to do a really long post here... But the ability of states to push their fiscal woes 'down the pipe' on to local governments makes the locus of insolvency quite portable, as it were. I do see the probability of local level defaults as increasing... When I was in muni's a year ago, I made the recc to sell LA GO bonds from client accounts at a +30 spread. I was laughed at but made a good case and got the sale thru- yesterday, 4yr LA go's traded at +97 over, fuckin a that feels vindicating.

So- at the state level- still default remote IMO. They will just continue to deficit finance, slash aid to local govs, and leave them holding the stick.

Meridith Whitney should stick to bank stocks. She doesn't know WTF she is taking about when it comes to public finance.

Follow me on insta @FinancialDemigod
 

And regarding unfunded pensions and OPEB liabilities--- look at Vallejo- filed in 2008. Still working it's way thru the courts and firefighters still make $240k a year. Bankruptcy is NOT a silver bullet. It may provide a LITTLE flexibilty, but filing doesn't necessarily lead to binding arbitration. Did a whole analysis on Vallejo/OC filings a few years back. Could talk for hrs about this but looking fwd to hearing others' comments.

I'd put my reputation on it- no state will file- local govs will, spreads will blow out in their state of domicile and create opportunity. Muni market so much more interestingthan it used to be these days...

Follow me on insta @FinancialDemigod
 

AG,

You are clearly more knowledgable than I am, but I'm with Eddie - I really think Illinois is heading down that path. They are already sticking it to the local governments. A school disctrict near me (in a pretty well off area) was discussing canceling all after school activities because the state was 6 months late on payments.

My town has a $30M grant from the state towards building a new high school, but now no one is confidant that the money will actually arive and the new hs is probably going to be put on hold.

This whole damn state is a mess and this "temporary" income tax increase probably isn't going to do much to straighten it out.

twitter: @CorpFin_Guy
 

EB... tells me Chi-town's still in a really tough spot! They've already hocked off assets (privatized parking and skyway last year) - and have little wiggle room left. But the pension issue doesn't seem to be plaguing Chi nearly as much as it plagues Cali and NJ locals. The locals have just made promises they can't keep. If you PM me an email address, I'd be happy to send you the muni bankruptcy presentation I put together a few years ago on.

accountingbyday - you make a good point - but there you see the locus of insolvency already shifting down to school districts (the bottom of the GO heap gets hit first... SDs.... then cities... then counties.... THEN states) - SDs started taking the hit about a year ago. After school activities get cancelled, some districts in AZ shifted to 4-day weeks, music and art classes cancelled long ago, etc. etc.

Broadly speaking, the way I approached my GO analysis was by first looking at whatever entities' cuts causes the most manageable social outrage, gets screwed by the state first. Schools can cut programs, people get pissed off, but it still happens. Schools cut teachers, people get pissed off, but life moves on - the quality of the edumacation just drops. Its a whole different kettle of fish of public outrage when the pol's start talking about cutting police officers, sanitation services, and fire departments (city level) - or county road maintenance, sherrifs, etc.

Damn I could really go on a long time about this one. But I am with clients in houston all next week and really need to get my sht in gear and prep for the trip!

edit- monkeysama... fair enough. I'll admit I didn't even read her report. I discounted it (perhaps prematurely) simply because I tend to view her as a financials equity analyst, and muni's are on the other side of her area of expertise. So, do I think there will be hundreds? No. A handful? Sure. I think they'll be big names... but I'd call it around a dozen or so.

Meanwhile - the opportunity lies in DTB - dedicated tax bonds... legally secured by a first-lien on taxes, with debt service coverage in many issuers hovering around 10x. I'd jump on LADWP's (dept of water/power) DTB's in a heartbeat if LA files.

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IlliniProgrammer:
So if states raise the income taxes on state-funded pensions to 30%, I really don't see how they would need to file BK.

What's to stop retirees on state funded pensions from moving to a lower-tax jurisdiction? I suspect under those circumstances that a large percentage would opt for 5% taxes in the South and then Illinois would be stuck with the outlay with zero tax revenue from them.

 
Edmundo Braverman:
IlliniProgrammer:
So if states raise the income taxes on state-funded pensions to 30%, I really don't see how they would need to file BK.

What's to stop retirees on state funded pensions from moving to a lower-tax jurisdiction? I suspect under those circumstances that a large percentage would opt for 5% taxes in the South and then Illinois would be stuck with the outlay with zero tax revenue from them.

Eddie, they could always move, but if the income originates from an Illinois pension plan, it can betaxed at the source, Illinois.

Think about it this way. I live in NJ but work in NY State. On my income, I first pay 7.37% to NY. NJ then gives me a credit for the tax paid against up to what that NY income would be taxed in NJ. If my NJ income tax rate were 8%, I'd then owe them an additional 0.63%. However, my NJ income tax rate is something like 6.3%, so I don't owe them anything. (They also do not give me a refund).

It would work the same way if I had an IL pension but moved to Alabama. The state of Illinois would pay me my $48000/year pension, but first deduct 30% to cover IL State Income tax, reducing it to $33600. I'd file my Alabama income tax return, claim a credit for other jurisdictions on up to $14400 of Alabama taxes on that money, but they'd only tax me for $2400. I would not be entitled to a refund or a credit against other income, but I would not owe Alabama additional taxes on that money.

That's how a state would do it. Since the income originates from an IL pension plan paid by an IL employer, IL can claim income tax nexus over that pension payment and withhold "taxes" whether it is going to Alabama, The Cayman Islands, or Myanmar. (It will probably freeze the funds if they're going to Myanmar though)

It would really be a default on the pension plan. But states would not need to call it a default and it would be awfully darned tough for the pensioners to prevail in court.

 

Granted I was only an intern, but I worked with the municipal bond group at a large asset management firm over the summer an everyone in that group shared the same investment thesis. That was to buy as much Illinois and California debt as possible because there was no way they would default. There has only been one state default ever, and many believe the federal government will step in if it comes to that.

Not to mention states can always raise taxes and cut spending...(sarcasm)

 
TheBenevolent:
i would guess states like ohio, michigan and california are at a much greater risk of default, if it ever comes to that

Care to expand?

If I had asked people what they wanted, they would have said faster horses - Henry Ford
 

AG, you make a number of good points, but my question, particularly with Jersey and California, is whether or not they can raise taxes enough or privatives enough assets to cover the problems they are having. And in NJ, we're already past that point. The Municpalities are already aware that they are struggling and the State is floundering. Both are cutting programs and funding because it's a necesecity, and most taxpayers I've spoken to aren't that upset by it. The only people I've met who are outraged are those on the Union Payroll or have familys on the payroll, and it's not pretty when you talk to them, with their belief that they have a god given right to a raise every year and cheap benefits.

I can't speak for other states, but I can talk about Jersey. There's no way in hell that Education Funding in New Jersey is going to be cut. I'd wager that the State Supreme Court will guarentee that they need to maintain the current levels of funding, if not increase them to handle expenses. And yes, this matter is currently being heard by the Supreme Court of New Jersey. They are debating the funding issues and throwing more money to Abbot Funding among other education issues. And we're not even going to discuss the Teachers Extortion, Rape, Pillage and Plunder Association, er... I mean the Teacher's Union.

The Unions, in general, don't want their members to pay into their benefits yet demand that they get their annual raise and their pensions be paid in full with funds we don't have thanks to years of raiding the pensions, among other funds, by both Democrats and Republicans alike. Their heatlh benefits payment is 1.5% of their salary with the taxpayers on hook for the rest. Couple this with cities, like Camden, where the unions would rather let their officers get laid off instead of make any agreements with the city to keep people on (Last I heard, they rejected 30 Furlough days over a year and a half, a raise in the amount the unions paid into health care from 1.5% to 3% and over 100 troopers could keep their jobs at full pay and benefits), or Newark, which are fundementally corrupt to begin with, and you have to wonder when the tax revenue will dry up.

Lets not forget about taxes, because despite Christie's work at trying to limited Property Tax Increases, they haven't worked out the issues with benefits, pension costs and other expensive items that would increase regardless of the cap. It doesn't matter what assets you monitize. If the Turnpike and the Parkway become monitized, I'll take local roads but I'll pay for it anyway when the costs of shipping things up the Parkway/Turnpike Corridor increases due to private control over the roads. And one final consideration that no one has mentioned, but what happens if we get the other shoe to drop and the markets collapse again? What happens to the pensions, already underfunded, that now have to account for major losses in the value of the pension fund due to worsening market conditions (and that's assuming there is enough pressure to force the markets down despite the clear attempts by intervening forces made to keep the market afloat)?

It doesn't matter how badly the conditions get, the taxpayer can only take so much of a hit in this market before you erode any recovery. If Tax Revenues decrease, how long will it take for the states to finally look at bankruptcy. With states like NJ and California, you won't see Muni Bankruptcy, you'll see it at the State level, as no politician would risk suicide in either of these states to even suggest doing what Illinois did to income and business tax rates. At the end of the day, this is looking more and more like a slow march to inevitable. The first to fall in NJ will be Camden and Newark. When their tax burden becomes to much to deal with by the rest of the state, it will trigger a massive domino effect leading NJ to go bankrupt. There is no easy solution to this, but whatever happens, it will be ugly.

Vanilla... that's just a burden on the taxpayers. Do we really need to fund a taxpayer burden with that considering we've already tacked on QE and the insane amounts of Federal Spending to our individual tax burden?

 
Frieds:
AG, you make a number of good points, but my question, particularly with Jersey and California, is whether or not they can raise taxes enough or privatives enough assets to cover the problems they are having.

I think there is a point of resistance, yes. Especially in Cali where the gd hippies in legislature won't make the tough decisions necessary. Maybe thinks will change with Gov. Moonbeam, but that remains to be seen. I stand firm in my thesis that once the point of resistance is reached (or perhaps, well before in order to stave off a filing) that states will shift their woes down the pipes by cutting Local Government aid.

Frieds:
And in NJ, we're already past that point. The Municpalities are already aware that they are struggling and the State is floundering. Both are cutting programs and funding because it's a necesecity, and most taxpayers I've spoken to aren't that upset by it. The only people I've met who are outraged are those on the Union Payroll or have familys on the payroll, and it's not pretty when you talk to them, with their belief that they have a god given right to a raise every year and cheap benefits.

Yeah, that's really frustrating. Deals struck at the close of WWII, during one of the biggest booms our economy has every experienced - c'mon, let's get real. Times have changed. Granted, contracts were inked - but let's not sink your city/county on the backs of it (Vallejo).

Frieds:
It doesn't matter how badly the conditions get, the taxpayer can only take so much of a hit in this market before you erode any recovery. If Tax Revenues decrease, how long will it take for the states to finally look at bankruptcy. With states like NJ and California, you won't see Muni Bankruptcy, you'll see it at the State level, as no politician would risk suicide in either of these states to even suggest doing what Illinois did to income and business tax rates. At the end of the day, this is looking more and more like a slow march to inevitable. The first to fall in NJ will be Camden and Newark. When their tax burden becomes to much to deal with by the rest of the state, it will trigger a massive domino effect leading NJ to go bankrupt. There is no easy solution to this, but whatever happens, it will be ugly.

Agreed - Camden and Newark, besides being total shtholes, have an incredibly high debt burden. Would not surprise me if they file. But we'll have to agree to disagree about the state level. I don't see NJ or any other state filing at the behest of its local govs. They'll let the little guys drop first.

I think whatever the outcome, we will see it played out in the forthcoming year.

Follow me on insta @FinancialDemigod
 
HFFBALLfan123:
Top 3 states with the highest budget deficit (no order) California, IL, Ny. These states are also all in the top 4 states with the most immigrants, as well as all 3 democratic states.....Anyone see a trend?

Bigot

If I had asked people what they wanted, they would have said faster horses - Henry Ford
 
HFFBALLfan123:
I meant to say illegals not immigrants... And it is a fact, the more illegals in your state means the more welfare and public services your state will have to pay for. This means higher expenses without any additional revenues because illegals do not pay into the system.

Hi, I'm happypantsmcgee, have you never read my posts. I am clearly the last person to actually think you are a bigot for making assertions and observations like that. It was stated in humor.

If I had asked people what they wanted, they would have said faster horses - Henry Ford
 

Well my original post is not correct because many immigrants are hardworking and pay into the system, the real problem is illegals and it's sad that beuracrats are so obsessed with getting re-elected that they fail to realize the damage they are doing to the country by letting any asshole live her for free that poops out a baby on our soil.

 

Eddie,

Well said. That's happening in NJ, as it is one of the most expensive states to live in. Once people retire, they tend to move out of state and collect their pension and move to much cheaper places to live. Why pay taxes in NJ when you can rape them and leave when you retire? I know... always with the Jersey... but it's what I know.

Seriously though, is it legal to impose taxes on those collecting public pensions to pay an income tax on the funds to the disbursing state? I'd be interested to find out, because that screws everyone, and no one should be grandfathered into this.

 
Frieds:
Eddie, Seriously though, is it legal to impose taxes on those collecting public pensions to pay an income tax on the funds to the disbursing state? I'd be interested to find out, because that screws everyone, and no one should be grandfathered into this.
I'm pretty sure a pension that originates in IL or NJ means that there is an income tax nexus there in the same way that business income from NJ is taxable first to NJ. Many states have tax agreements with other states (IE: NJ has one with PA), and some states do not tax pensions, but those rules can always change. Everything that is not in the bill of rights is reserved to the states, and states have the power to levy taxes on income from whatever source derived of non-residents that have income originating within the state.

Illinois doesn't have to default and go through ten years of lawsuits. They can simply raise ordinary income taxes and sales taxes to cover 15% of the underfunding and pass a law taxing pensions originating within the state at 30%.

 
HFFBALLfan123:
You know your a shitty state when half the children aspire to be on the Jersey Shore.

Truth. Imaginary SB for you.

"You stop being an asshole when it sucks to be you." -IlliniProgrammer "Your grammar made me wish I'd been aborted." -happypantsmcgee
 

A large portion of the money flowing into the PE funds comes from these state pension funds. Less money to the state pension funds means less money for the PE funds, which means less money to invest in our economy. One can argue the private individuals can use the money more efficiently in the economy than the government ever can. But one can not argue the private individuals can invest the money in the economy better and more efficient than the PE funds.

These state pension funds have been indirectly contributing to the most vibrant parts of our economy through their investment in the PE funds. Don't kill the goose that lays the golden eggs.

 

I'm pretty sure the term nexus applies to sales and income tax, but the fight right now is just over sales taxes.

The question is really where the income is coming from. If it's coming from within the state of Illinois, IL has the authority to tax it in the same way that even though I am an NJ resident, NY State has (and uses) the authority to tax my work income.

The bottom line is that there is what the public wants and then there is reality and what the public can get. At some point, IL will pass the point where it can ever hope to pay the pension and will need to decide between default and taxes.

 

HedgeKing, spoken like a Finance Type who doesn't want the good times to end.

It doesn't matter how big the commitment a Pension has, PE Funds aren't necessarily deploying it in the best way possible. Why do you we need mega deals when they won't necessarily work? Who says that the 20Bln fund managed by Blackstone can do a better job at putting the money to work? And once that money is invested, it's locked until the investment pays out, so that's capital these funds aren't getting back. Additionally, when you don't have money to pay out obligations (and those recieving Pension payments get paid out first, I might add), you don't fund the PE investments, particularly when you are dealing with long term commitments.

Eddie, IP, with the Tax issue, I was under the impression that Pensions were exempt from the same tax benefits and treaties that regular income is taxed under. I'm not sure how Pensionable Income is treated, as State Government sets the rules on their own state pensions instead of being governed by ERISA rules. Mind you, I'm in the same boat as Eddie in that I don't have a breadth of knowledge on Tax law.

 

I'm this close to throwing Monkey Shit at both of you for that comment. True Jersians are not "The Jersey Shore" types... those assholes come from Staten Island and Long Island. Get it right or next time I start flinging crap at both of you!

 
Frieds:
I'm this close to throwing Monkey Shit at both of you for that comment. True Jersians are not "The Jersey Shore" types... those assholes come from Staten Island and Long Island. Get it right or next time I start flinging crap at both of you!

Sure, but I'm guessing only half the people in Jersey are true Jersians, which leaves the door open for the other half to be Jersey Shore wannabes...

haha just messing with ya man

"You stop being an asshole when it sucks to be you." -IlliniProgrammer "Your grammar made me wish I'd been aborted." -happypantsmcgee
 

You want to hear something rather funny about both cities... In Newark, every mayor of the city from 1962 until 2006 was indicted on criminal charges. 3 Mayors governed over Newark and all 3 were indicted. Hugh Addonizio (He ran Newark from 1962 - 1970), Kenneth Gibson (Newark's first Black mayor was in charge from 1970 - 1986), and Sharpe James (The Double Dipping State Senator and Mayor of of Newark from 1986 - 2006) all served jailtime for corruption. The current Mayor, Cory Booker, is so far seemingly clean and if he ends his run as mayor without committing an indictable offense, I will be impressed. In Camden, of the last 5 mayors, Dana Redd, the current mayor of the city of Camden, is the only mayor to actually be free of any scandal so far. I mean, this is Camden we're talking about, so I doubt it will stay that way. It's not much, but that's just a testiment to the corruption.

 

I'm with you Frieds. I really don't know how Jersey gets such a shitty reputation. Some of the nicest communities I have ever been in were in New Jersey (Rumson, Chatham, etc.). Just because you drive through Newark doesn't mean you can pass judgement on the entire state.

If I had asked people what they wanted, they would have said faster horses - Henry Ford
 

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If I had asked people what they wanted, they would have said faster horses - Henry Ford

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