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June 12, 2007
Property
Taxes, Retirement Promises, and Municipal
Bonds
by Gary North, Ph.D.
Investors
like bonds. Bonds are sources of long-term income.
As investors grow older, they invest a greater
percentage of their portfolios in bonds. They are
more concerned about income than they are about
capital appreciation. The louder the clock ticks,
the more important income is, compared to stock
appreciation.
A major problem for bond holders is the solvency
of the issuing institution. Bond-rating services
are important for investors, including
institutional buyers, especially retirement fund
managers. The less likely the ability to repay, the
lower the bond rating. The lower the bond rating,
the higher the rate of interest the issuing
institution must pay.
This means that someone who has purchased bonds
of an issuing agency whose bond rating falls will
suffer a loss of capital. The market value of his
bonds falls when the interest rate on newly issued
bonds rises. Bonds rise or fall in price inversely
to the interest rate.
Across the nation, municipal governments are
facing downgrading of their bonds. The reason is
unexpected health care obligations for retired
workers. This problem is growing. There is no way
out of it without governments having to revoke
promises, either to retired workers or to
investors.
THE LURE OF TAX EXEMPTION
The promise of income tax-free returns has led
millions of investors into buying municipal bonds.
In states with a state income tax, munis issued by
cities within that state are usually exempt from
state incomes taxes. This benefit seems great to
rich people who have grown tired of paying income
taxes all of their adult lives. So, they choose to
buy munis instead of higher-interest taxable bonds.
They enjoy the pleasure of not having to report
this income to the tax authorities.
By forfeiting tax revenues from income generated
by various local municipal bonds, the Federal and
state governments have granted an implicit subsidy
to the debt instruments of local governments. This
has encouraged local governments to issue more debt
than they otherwise would have. They would have had
to pay out higher rates of interest than they
actually agreed to pay. This higher cost would have
made additional debt issues less likely.
Investors took the bait of a lower tax burden.
The municipalities took the bait of lower interest
rates paid by income tax-free debt instruments. The
result: lots of debt.
The problem with this arrangement is that
municipal governments are run by politicians who
want to be re-elected. Their time frame is
relatively short: the next election. They know that
they will not be in office if the obligations to
pay off the bonds begin to squeeze the local
budget. They stay in office by delivering what
appear to be free services to local voters. So,
they are tempted to issue debt as a way of buying
votes in the next election without personally
suffering the political consequences when the
future debts come due. This tends to increase the
level of municipal debt.
A bond is a promise to pay investors. The longer
the debt repayment period, the more likely it is
that the debt level will increase because of the
time perspective of politicians, who issue debt and
promote bond issues to the voters. The politicians
vote in terms of their personal time perspective --
the next election -- on behalf of an impersonal
entity that in theory is immortal: the city
government.
Just as the hope of income tax-free returns
lures investors into buying municipal bonds that
pay a lower rate of interest than corporate bonds
of equal risk ratings, so is the lure of free
health care in old age for municipal workers. They
have for decades accepted wages that are lower than
those paid to employees in profit-seeking firms
because of the seemingly superior health care
benefits that municipal governments offer to their
workers and retired workers.
RISKY ASSUMPTIONS
First, bond investors make an assumption:
municipal governments will fulfill their
obligations because they can tax residents to meet
the payment schedule. Because a city government can
tax residents, investors assume that residents
cannot escape.
Second, workers make an assumption: residents
will have no choice but honor their obligations to
retired workers.
Third, residents make an assumption: politicians
will not increase the debt obligations of the
government to levels unsustainable by future tax
revenues.
Fourth, politicians make an assumption: tomorrow
will not come during their terms in office.
Different elected officials will be in office when
the bills come due.
Fifth, the thought of default is not on the
minds of any of the participants. They all assume
that the municipality will always be able to meet
its contractual obligations. The system of negative
sanctions known as bankruptcy is widely assumed by
all participants as somehow not applying to
municipal governments.
There is confidence that governments can somehow
escape the laws of economics. Somehow, income will
always be there for governments to tap. Somehow,
obligations will not exceed revenues. Somehow, the
bills will not come due.
WARNINGS
From time to time, there is a newspaper report,
probably run in the section on city or county
government, that raises the question of solvency. A
local reporter files a story on a report by some
committee on the escalating fiscal burden of
employee retirement programs, especially the
portion associated with health care insurance. The
story surveys the fact of rising health care costs
and compares this with expected revenues.
Residents read these stories, if at all, with no
sense of alarm. They figure they can always move
away if the local tax burden gets too high. They
don't think of what expect this legal tax burden
will do to local property values. This unintended
consequence is never mentioned in the article.
Readers see rising prices on property, and they
conclude that there will always be someone ready to
buy their homes, no mater what the property tax
burden is.
In other words, they discount the risks of the
future. So do local politicians. So do bond
investors. So do employees of the local government.
So do retired employees.
This is the great threat of debt in our era.
People do not believe that governments will
default. They assume that political promises to pay
will be honored by voters in the future. After all,
these promises have been honored so far.
CALIFORNIA DREAMING
In a June 10, 2007 story run by the Los
Angeles Times, a reporter dutifully reported on
growing evidence that municipal governments have
run up bills to municipal employees on a scale that
the public has not imagined. I wish I knew on which
page and in which section of the newspaper the
print version of this story appeared.
The article began with a human interest story.
An 83-year-old San Diego woman who suffers from
hallucinations if she doesn't receive her medicine.
She also suffers from cancer and diabetes. She is
now facing hopelessness. She had been a county
employee. She has a $1,000 a month pension. She
also has medical coverage for whatever Medicare
does not cover. The story says she may lose this
coverage. "Where has compassion gone?" She
asks.
It has little to do with compassion. It has do
with politics. This woman made the mistake of
confusing compassion and politics. So have tens of
millions of Americans who are dependent on
government payments for work performed or taxes
paid decades ago.
The issue is contract, not compassion. The
courts cannot measure compassion. They can read
contracts. If courts allow politicians to break
contracts, those who are dependent on former
political contracts are at risk.
Medicare and Social Security obligations are
unfunded. Some estimates are that these two
programs are unfunded in the range of $70 trillion.
Yet these obligations are not counted as part of
the on-budget debt of the United States government.
This figure is in the range of $9 trillion.
Why the discrepancy? Legally, it exists because
the U.S. government says that Medicare and Social
Security obligations, unlike public debt in the
form of T-bills and T-bonds held by the public and
the Federal Reserve System, do not constitute legal
obligations of the United States government. Some
future Congress may reduce the payments. That is
Congress's option.
Local governments have obligations to retirees
analogous to the obligations of the U.S. government
to retirees. The courts are far less willing to
enforce these contracts, compared to bonds.
The trade unions of course will battle any such
unilateral default. But these unions are growing
less and less powerful over time. As voters grow
tired of the burdens imposed by retired workers,
the municipal workers' unions will face a
restricted market.
Voters are not enamored of trade unions in our
day. Well over 85% of all American workers are not
represented by trade unions. Most of those who are
represented by unions are government employees.
Voters who are not union members are not reliable
supporters of tax policies whose main beneficiaries
are retired city or county workers.
The expected obligation of the Los Angeles
Unified School District for health care coverage is
in the hundreds of millions of dollars, the article
reports. "These costs are just crushing," said
district general counsel Kevin Reed.
Over the next three decades, the state of
California is facing annual payouts of a billion
dollars a year, and maybe more.
- Contra Costa County's retiree healthcare tab
is on track to grow larger than the value of all
its assets by 2012, according to a government
report, which would make the county at that
point "technically insolvent."
This is not way into the distant future. This is
in the next five years. And the flow of red ink is
just getting started.
- In just four years ending in fiscal 2004-05,
the cost of providing healthcare to the average
Los Angeles County retiree doubled. By 2011,
government retiree healthcare costs statewide
are projected to be nearly triple those in
2004.
Private companies are now in the process of
re-negotiating contracts regarding health costs for
retirees. The era of such benefits is coming to an
end in the private sector. But it seems to persist
in the public sector. It will not persist for long.
When taxpayers see their property taxes rise and
the value of their homes fall, they will be in no
mood to suffer escalating capital losses because of
promises made to municipal unions a generation
ago.
- The state of California estimates that the
price tag for providing such health benefits has
reached more than $500,000 for a married retiree
and spouse who live 20 years after retiring.
Because many government employees retire before
60 and since life expectancies continue to grow,
the cost could easily reach $1 million for some
employees.
This is not going to happen. Any retiree who
expects it to happen is living in a fantasy world.
Voters will not suffer capital losses and
ever-rising taxes in order to maintain contractual
obligations negotiated in better fiscal days.
Compassion is a matter of voluntary
considerations and individual circumstances. It has
to do with charity. "Where has compassion gone?" It
went away a long time ago, when union members
decided that contracts negotiated on the threat of
organized simultaneous walkouts by workers became a
substitute for compassion. When political power was
substituted for compassion, compassion moved off
the scene.
The reporter cites a statement from an employee
of an accounting firm that helps municipal
governments track their future obligations. "I
can't tell you how surprised many of our clients
have been," he said.
Surprise, surprise! Accounting actually matters.
But politicians have paid little attention to
accounting. Neither have union leaders, who for
years could take credit for negotiating on-paper
successes in future health care retirement
benefits. Neither have retirees.
How large are the benefits? Consider this. The
article describes a retired employee of San Diego
County who served 30 years. At the time of his
retirement, he was earning $80,000 a year. His
retirement pension is $70,000 a year, plus the
health care benefits.
The county's officials are considering a plan to
reduce the health care benefits of high-salaried
employees. This of course is a means test. It is a
clear violation of contract. The municipal union is
fighting this decision. But the union is not in a
strong bargaining position. The county charter
allows the retirement board to cut off retirement
benefits to all retirees in one fell swoop.
Los Angeles County has no such loophole. State
law prohibits this. It is facing costs of $20
billion over the next 30 years.
There is some talk that the various governments
should put aside present revenues to pay future
obligations. This has not been done in the past.
Will this work? No.
- The nonpartisan California Health Care
Foundation projects that, thanks to skyrocketing
healthcare costs, an upcoming surge of
retirements and lengthening life spans, the
price to governments of continuing to provide
coverage at the current rate will increase 15% a
year over the next 15 years. Even if public
employers had many billions to invest -- which
they don't -- insurance costs will continue to
rise much faster than investment earnings, the
foundation says.
www.GaryNorth.com/snip/184.htm
A political battle looms among retirees, bond
investors, and taxpayers.
PROPERTY TAXES
The housing bubble has obscured the future of
housing prices in an era of huge public employee
retirement obligations.
This much is certain: contracts will be
violated. The question is: Which group will be the
biggest losers? Retirees, bond investors, or
taxpayers?
When you consider a place to live out your
golden years, one consideration should be local
municipal bond obligations. Counties and cities
without a long tradition of bond issues are
preferable to those that have run up large
liabilities. But equally important is the
obligation to retired workers.
Large cities are generally far more exposed to
lawsuits for default and union pressures than small
towns are. They have run up larger bills. This is
another reason for retirees to get outside of large
cities.
Don't own a home on the fringes of a tax-hungry
city. Nonincorporated areas are being swallowed up
by cities, which don't allow county residents to
vote on the absorption. County taxpayers are
regarded as under-taxed fish to catch. So, it is
better to be in a small incorporated city. This
keeps urban debt monsters at bay.
CONCLUSION
Municipal bonds are higher risk investments than
most investors believe. I think it is much safer to
buy a bond fund filled with bonds denominated in
currencies other than dollars. This way, you hedge
your risk against a depreciating dollar. You must
pay income taxes on the income. Better this than to
pay the inflation tax when the dollar is debased by
the Federal Reserve System in order to pay off
government debts at all levels. Debasing the dollar
does not involve breaking any legal contracts.
That's why it is so predictable, long term.
Dr.
Gary North earned a Ph.D. in history and is one of
America's keenest economic analysts and
commentators. He supports the Austrian school of
economics and is a previous assistant to
libertarian congressman Dr. Ron Paul. Visit his
website at http://garynorth.com.
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