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January 1, 2004

Assets and Earnings are FROZEN for Tier One Member’s Regular Accounts. 

New “Break in Service” rules implemented under House Bill 2020. 

Since January 1, 2003 retiring Oregon PERS members are allowed to utilize the Double-Lump Sum Option. PERS Officers, Management and Staff follow PERS regulations and Oregon Revised Statute by allowing members to retire, return to work in a PERS covered position, and work less than 1,039 hours within the first six months of reemployment without risk to benefits or exposure to penalties. Members continue to follow rules and roll all their money from PERS throughout 2003 and up to February 26th, 2004. 

January 19, 2004
Statesman Journal, “Early state retirement cautioned”
 

“Oregon public employees continue retiring in droves this year, but the rush to the exits might prove to be a financial mistake for many.”

 “More than 700 public employees have filed to retire by March 1, and thousands more are researching whether to retire by then, said David Bailey, deputy director of the Oregon Public Employees Retirement System.” 

“‘I would say that a retirement spike in March is likely,’ Bailey said. ‘Frankly, I don’t think there should be a spike if people are looking at what’s the best thing to do.’” 

“‘Veteran public employees are enticed by a provision in a 2003 PERS reform allowing them to escape a freeze on their regular pension accounts if they retire by March 1. But if they wait until April or later to retire, they avoid a separate freeze in their cost-of-living adjustments upon retirement. The freeze on 2 percent annual cost-of-living adjustments could prove to be more costly,’ Bailey said.” 

“‘Most people are better off waiting until after the changeover. The reason is that the COLA catches you up pretty quick,’ he said.” (David Bailey abruptly resigned on February 26, 2004. His last day was February 27, 2004.) 

“PERS won’t provide any financial advice, and everybody’s situation is different.”

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January 22, 2004
The Oregonian, “Damages owed PERS fund reduced by appeals court”
 

Retirement Board found Negligent in monitoring its investments. 

 February 24, 2004

Steve Rodeman, Oregon PERS’ Manager of Policy Analyst Group, confirmed Double-Lump Sum Option availability for returning to work with less than 1,039 hours during the first six months. Oregon PERS’ Deputy Director David Bailey and Steve Delaney, PERS Legislative Liaison, have also recently confirmed the Double-Lump Sum Option for returning PERS retiree’s under the 1,039 hour method within the first six months. 

“Before the legislative changes, PERS was projecting that the costs being charged to state and local governments would exceed 25 percent of payroll and remain there until 2027 – more than the double the typical rate in the past.”*
*The Oregonian, “State, workers’ attorney debate PERS”  (Note: National average is 2-4% of payroll.)

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February 26, 2004 

PERS members choosing Double-Lump Sum Option & wanting to return to work under existing rules are singled out. 

PERS Board asks Oregon’s Attorney General’s office to issue a legal opinion on PERS members choosing Double-Lump Sum Option and returning to work. (Note: After many delays, Oregon’s Attorney General’s office eventually issues verbal opinion to PERS Board – Leaving no paper trail.) 

PERS announces an “abrupt” change to its policy regarding the Double-Lump Sum Option and returning to work.  

David Bailey, Oregon PERS’ Deputy Director, suddenly resigns. His last day is tomorrow. 

The Oregon School Board Association begins to circulate an email announcing “PERS previously provided incomplete information…” regarding the Double-Lump Sum Option and returning to work. 

PERS immediately began calling members retiring as of March 1 to tell them that if they were planning to return to work after taking the “double-lump sum” retirement option, then they can’t work at all for 6 calendar months. If they do, they would have to pay all of the money back. 

If PERS were to find out that a member took the double-lump sum option and then returned to work, and did not change their retirement option within 60 days of the first paid benefit, PERS would send the member an invoice, and potentially send it to collections if it were not repaid.

Members that had chosen the Double-Lump Sum Option and planned to return to work under the 1,039 hour method begin to be notified that they must repay all benefits received. However, members who retire under any option other than the total lump-sum option can return to work for a PERS-covered employer within the first six months under the 1,039 rule without having to repay benefits. 

PERS announces that the Attorney General’s (AG) office will issue a ruling by the March 1st, 2003 deadline regarding the abrupt change to the Double-Lump Sum Option and returning to work. Many members that were set to retire, collect interest for 2003 and pro-rata through the date of their check in 2004 in the Regular Account, and return to work under the "1,039" hour rule, are unable to make an informed decision. Members are forced to put their plans on hold until AG’s office advises PERS Board. 

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February 27, 2004 

Last day to turn in your PERS forms if you’re planning on retiring by March 1, 2004 to collect interest in Tier One Regular Account for 2003 and pro-rata for 2004. 

March 1, 2004 

Deadline for receiving interest in the Tier One Regular Account for 2003 and pro-rata through 2004 until check arrives. 

AG’s office to issue opinion on reemployment of retired members that chose double-lump sum option utilizing 1,039 hour rule - Postponed. 

Members unable to make an informed decision regarding retirement by March 1st deadline without possible risk to career, benefits and/or penalties. 

Testimony from Hearings in front of Judge Brewer: “The actuary also presented a study indicating that during the period from 1978 - 2002 (25 years), the PERS Board credited a compound 11.95% to Tier 1 member accounts, while the fund itself earned a compound 11.59%.  In other words, he claims that the PERS Board actually paid out more in earnings to Tier 1 Regular Account members than it actually earned.  When asked why they might have done this, his answer was revealing:  "they didn't know what they were doing". (The discrepancy is explained by the years in which the fund earned less than 8%, but paid out 8% anyway.  The small amount 'reserved' only prevented the two numbers from diverging even more than they did).   The actuary also did a "Sharpe analysis" comparing the variable account risk/return ratio to the regular account risk/return ratio.  He concluded that the variable account was 2.5 times as risky as the regular for the 1% improvement in returns.  He concluded that the variable was a "terrible" deal for employees, since they assumed enormous risks for only a tiny incremental benefit in return.”*
*As per Mark Feldesman’s website.

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March 5, 2004
The Oregonian, “PGE’s buyers seizes initiative"

 “Texas Pacific partners confirm they relish the out-of-favor.”

 “Often the targeted companies are in financial trouble, even bankruptcy. ‘Distressed,’ say Texas Pacific partners, is synonymous with ‘opportunity.’” 

“All the while, cheap is cherished.”

March 8, 2004

AG’s office to issue opinion on reemployment of retired members that chose double-lump sum option utilizing 1,039 hour rule - Postponed. 

March 11, 2004 

AG’s office to issue opinion on reemployment of retired members that chose double-lump sum option utilizing 1,039 hour rule - Postponed. 

March 19, 2004

AG’s office to issue opinion on reemployment of retired members that chose double-lump sum option utilizing 1,039 hour rule - Postponed. 

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March 24, 2004
www.oregoned.org, “PERS Board Reinterprets ‘Double Lump Sum’ Policy”
 

AG’s office to issue opinion on reemployment of retired members that chose double-lump sum option utilizing 1,039 hour rule - Postponed. 

March 28, 2004
Statesman Journal, “Retirement fund will invest in Oregon”

“Managers of the Oregon Public Employees Retirement Fund have to find a home for $100 million by 2008, a requirement of House Bill 3613, generated by the 2003 Oregon Legislature. The money will be targeted at emerging industries in the Northwest.”  

“Venture-capital investments are by definition high risk.” Scott Gibson, founder of high-tech Sequent Computer Systems in Beaverton, who helped draft HB 3613. State Treasurer Randall Edwards, “originally opposed HB 3613, calling it a mandate to invest retiree funds without regard to fiduciary principals. He later supported a modified form of the bill, which specified the investments would only be made if they were prudent.”  

“Ralph Shaw, of Shaw Venture Partners, is skeptical of the state’s initiative.”

“It will do one thing: It will give venture-capital firms more fees.”  

“It’s an example of what happens when investors have more cash than business sense.” 

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All information is from sources believed to be accurate and reliable. Please consult your advisor before making any decisions regarding PERS.

PERS Help © 2004 All rights reserved.
 Last Revised: May 14, 2006
 

 

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