Dan Walters

0 comments | Print

Dan Walters: Bankruptcy ruling not a clear win for Stockton, CalPERS

Published: Friday, Apr. 5, 2013 - 12:00 am | Page 3A
Last Modified: Saturday, Apr. 6, 2013 - 9:00 am

At first blush, federal bankruptcy Judge Christopher Klein appeared to give Stockton and its legal ally, the California Public Employees' Retirement System, a major victory this week.

Klein declared that the much-troubled city is, indeed, insolvent and therefore can use bankruptcy to address its severe financial problems.

That impression was bolstered when Klein chastised the holders of city bonds and bond insurers for not bargaining in good faith with the city.

The creditors had urged Klein to reject the bankruptcy plea because, they said, Stockton had refused to treat its pension obligations as debts to be reduced through bankruptcy, thus discriminating against private bondholders by forcing them to take big haircuts.

But the details of Klein's ruling imply that the city and CalPERS may not prevail on the pension issue when he weighs the city's plan to deal with its debts – a plan that now excludes CalPERS as a creditor.

"The city is going to have a difficult time confirming a plan over an objection and claim of unfair discrimination without being able to explain that problem away," Klein said – a strong indication that despite his criticism of bondholders' tactics, he is open to their position on the underlying issue.

Previously, he had ruled that contractual health care promises to retirees could be reduced or eliminated via bankruptcy because federal bankruptcy law carries more weight than state law.

That ruling had startled CalPERS and sparked a legal – and political – drive by the huge pension fund to declare that pensions have a special status, hinged largely on an argument that the federal government must respect state laws. But Klein reiterated this week that federal bankruptcy law supersedes even the state constitution's prohibition of "impairment of contract."

"I've been party to impairment of millions of contracts and it's all constitutional," Klein noted.

The whole situation is an uncharted legal territory, and Klein made it clear that he expects the conflict over the status of pensions to make its way through the federal appeals process – potentially all the way to the U.S. Supreme Court – regardless of how he rules on Stockton's bankruptcy plan, should the city and bondholders fail to achieve a compromise in the meantime.

It is, in a sense, part of a larger, still-evolving debate in political, legal and financial circles over the status of public pension obligations.

The Governmental Accounting Standards Board and Moody's, a major bond rating house, have been pushing state and local governments to treat unfunded pension liabilities as bond-like debt on their balance sheets.

Were that view to be ratified by the federal courts via Stockton's bankruptcy, it would have major impacts not only on pension systems, but on the entire municipal bond market.

Call The Bee's Dan Walters, (916) 321-1195. Back columns, www.sacbee.com/walters. Follow him on Twitter @WaltersBee.

© Copyright The Sacramento Bee. All rights reserved.

Read more articles by Dan Walters



About Comments

Reader comments on Sacbee.com are the opinions of the writer, not The Sacramento Bee. If you see an objectionable comment, click the "Report Abuse" link below it. We will delete comments containing inappropriate links, obscenities, hate speech, and personal attacks. Flagrant or repeat violators will be banned. See more about comments here.

What You Should Know About Comments on Sacbee.com

Sacbee.com is happy to provide a forum for reader interaction, discussion, feedback and reaction to our stories. However, we reserve the right to delete inappropriate comments or ban users who can't play nice. (See our full terms of service here.)

Here are some rules of the road:

• Keep your comments civil. Don't insult one another or the subjects of our articles. If you think a comment violates our guidelines click the "Report Abuse" link to notify the moderators. Responding to the comment will only encourage bad behavior.

• Don't use profanities, vulgarities or hate speech. This is a general interest news site. Sometimes, there are children present. Don't say anything in a way you wouldn't want your own child to hear.

• Do not attack other users; focus your comments on issues, not individuals.

• Stay on topic. Only post comments relevant to the article at hand.

• Do not copy and paste outside material into the comment box.

• Don't repeat the same comment over and over. We heard you the first time.

• Do not use the commenting system for advertising. That's spam and it isn't allowed.

• Don't use all capital letters. That's akin to yelling and not appreciated by the audience.

• Don't flag other users' comments just because you don't agree with their point of view. Please only flag comments that violate these guidelines.

You should also know that The Sacramento Bee does not screen comments before they are posted. You are more likely to see inappropriate comments before our staff does, so we ask that you click the "Report Abuse" link to submit those comments for moderator review. You also may notify us via email at feedback@sacbee.com. Note the headline on which the comment is made and tell us the profile name of the user who made the comment. Remember, comment moderation is subjective. You may find some material objectionable that we won't and vice versa.

If you submit a comment, the user name of your account will appear along with it. Users cannot remove their own comments once they have submitted them.

hide comments
Sacramento Bee Job listing powered by Careerbuilder.com
Quick Job Search
Buy
Used Cars
Dealer and private-party ads
Make:

Model:

Price Range:
to
Search within:
miles of ZIP

Advanced Search | 1982 & Older



Find 'n' Save Daily DealGet the Deal!

Local Deals