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TRS must be transparent and focus on its primary functions

Dr. Henry Mabry

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By Dr. Henry Mabry

The truth will set you free. It would be preferable for me to never, ever have to endure spending the time and experience the headaches associated with the Teacher Retirement System and our health insurance program, PEEHIP.  The people at TRS would never hear a peep from me if: 1) AEA members did not complain; 2) what TRS wanted to do did not blow a hole in the ETF budget; 3) their investments were up to snuff; and 4) there was not a lawsuit because of certain poor investments. However, this job requires me to pay attention as a board member and as your person on point to make sure benefits are healthy and our people do not experience exorbitant out-of-pocket costs – especially when pay does not keep up with those costs.

 

No attempt to take over TRS Board

Since the December TRS Board meeting, much misinformation has been spread by TRS staff. An accusation has been alleged that an attempt is being made to take control of the TRS Board, and such accusation is false. If such were the case, then concerns regarding the voting of a particular incumbent TRS Board member would have been raised in great fanfare by us prior to the TRS election, but such did not occur. To the contrary, RSA staff has used state and local resources to sway the vote of the TRS election for who they believe are TRS loyalists.

This writer has not worked to take over the Board, and this writer has no interest in micromanaging TRS, as asserted. It has been said that this office wants control over TRS investments. This office has no interest in managing the affairs of TRS, PEEHIP, or the investments associated with either. This office simply wants TRS to do its job and improve investment performance.

Further, regarding PEEHIP, this office simply wants to make sure out-of-pocket costs do not increase for active and retired members over the next year as instructed by the AEA Delegate Assembly.

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On my watch, are you going to be informed about the actions of TRS and the Board? Yes.  This is called accountability regarding your contributions and tax dollars. Are we going to work to address problems like retirees being moved to Medicare Part D? Yes. Are we going to work to keep copays as low as possible? Yes.

 

Problems with transfer of Medicare Part D

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TRS told retirees there would be no effect from being moved to Medicare Part D, but we understand otherwise.  We had to get Board action to tell the TRS staff to support a COLA for both active and retired education personnel because TRS staff told legislative leadership that we do not need to give retirees a COLA.

 

Protect AEA members’ health and retirement benefits

One of my responsibilities under the policies set forth by the AEA Delegate Assembly is to work toward helping protect AEA members’ benefits. The facts are indisputable. Our members have seen higher health care costs through PEEHIP since 2010. Our members have failed to receive a pay increase in the longest known period since the Great Depression, and our members have actually received a 2.5 percent pay cut – a recommendation by TRS. These facts are unacceptable.

It is my job as one of three members of the TRS Investment Committee to serve in an oversight capacity over TRS investments. We do not make the investments and do not want to do so. TRS staff does this – it is their job and not ours – and we want them to continue doing so. There are many good, dedicated people at TRS. Those in charge just need to concentrate on making good investments instead of being preoccupied with other endeavors.

Quite frankly, TRS needs to quit putting your money into hobbies construed as investments like golf courses that do not make a justifiable amount of money. The real estate portfolio made an average of less than one percent over the past five years. In 2012, TRS returns were good, but, quite frankly, one year of good returns does not make up for years of underperformance.

 

TRS investment income needs accountability

TRS has a serious problem that needs to be addressed. In the last five years, the state and TRS members contributed $5.4 billion and benefits paid out were $8.1 billion. Investment income should have made up the difference but it did not. TRS actually lost $21.5 million in investment income instead of making up the $2.7 billion shortfall between contributions coming in and benefits going out. Last year, for instance, the state and employees contributed almost $1.1 billion, but costs were $1.9 billion.  TRS assets are $2.6 billion lower than just over five years ago, or 12 percent down. This means benefits have been paid with savings for the future.  Investments must improve or our members’ retirements are in jeopardy or out-of-pocket and state increases will rise, or both.

If returns do not improve every year as compared to the last decade, then the state and TRS members are going to have to foot the bill more and more and more. Instead of focusing upon building golden temples and “doing deals,” TRS needs to tend to its knitting and make more money instead of building grand monuments and plowing more money into newspapers.

We at AEA, nor those at the Legislature, have the time, inclination, or resources to manage TRS investments. All we can do is try to hold them accountable, and hopefully keep them from putting hundreds of millions of actives’ and retirees’ money in projects that suck money out of TRS like the $625 million rail car plant, the ominous USAir buyout, the dead money golf courses, and the overpriced office buildings in Montgomery. Putting money in these projects, in retrospect, has hurt the safety of the fund and we need to stop the bleeding by not putting billions more in these type projects.

 

TRS investment at the bottom nationwide

Already, one of every seven dollars is in this money losing category. Even as Rome was burning during the Great Recession, TRS moved forward with sinking another $250 million into the vastly vacant RSA Judicial Building.

The fact of the matter is that TRS is grossly underfunded at around 70 percent. This means that for every dollar needed for actives and retirees to get what they are entitled to receive throughout their retirement years that only 70 cents is covered. Only Mississippi has a worse unfunded liability of our four surrounding states according to the Pew Center for the States.

According to a TRS document distributed to the Board at the December meeting, over the past ten years Alabama’s TRS is at the bottom in the country among state pension funds as far as investment returns – the bottom.

All this being said, this General Custer-style investment performance must improve or all our people will be hurt.

 

TRS money not blue, yellow, and pink like in Monopoly 

The facts point to losses caused by alternative investments such as real estate. Over the past five years, almost $700 million has gone down a rat hole thanks to these “investments.” To put it in perspective, $700 million is more than twice what is spent on school transportation for the whole state or over 12,000 teacher units for a year.  Economic development of the state is great and wonderful, but economic development at the expense of active and retired TRS members does not pass muster. It is their money and not to be used for someone’s monopoly game.

TRS is requesting almost $100 million more for next year. And next year they will be requesting another $100 million on top of that amount for the following year and the year after that will be no different. We have no choice but to get such amounts funded. If investment returns had not been so abysmal, then these multiple $100 million infusions of cash into the Retirement Systems could by providing much needed funding for textbooks, supplies, technology, professional development, PEEHIP cost increases, or additional pay every year.

 

TRS leadership should work for the best member benefits

No, taking over the TRS Board is not the objective. Taking over investments is not the objective. The objective is to get TRS to do right by its members by getting better investment returns and to get PEEHIP working to keep out-of-pocket health care costs down for actives and the typical retiree receiving $1,750 a month.

Through all the jibber jabber it has been implied that the TRS staff has grown assets from $300 million to $19 billion as if this was magic and thanks to investment acumen. Actually, in three decades, Alabama taxpayers have pumped into TRS $10.6 billion. TRS members have contributed $5.7 billion.  That is $16.3 billion that has been appropriated by the state and contributed by plan participants.

Today, we have an unfunded liability basically as much as all participants have contributed since the 1970s. In the years 2007-2012, TRS staff lost $5.9 billion, or nearly 30 percent. The state contribution, subsequently, increased a third from $541 million a year to $779 million a year. TRS loses money and this costs public education when the needs are great and not being met with slim resources.

There is always a second side to every story, and here is the other side with facts. Bullying, the spewing of falsehoods and baseless name calling is inappropriate, but the truth will set you free.

AEA’s Dr. Henry Mabry discusses TRS issues in TV interview

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Opinion | Former Sen. Brewbaker supports Montgomery tax referendum 

If we want Montgomery to change for the better, we are all going to have to start living in our community rather than off of it.

Dick L. Brewbaker

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(STOCK PHOTO)

I am in full support of the property tax referendum on the ballot this November. That may surprise some people because I have been critical of the performance of the Montgomery County Public School System in the past.

Until recently, student performance has generally been poor, financial management has been historically problematic, and there have been real and persistent problems with transparency. New Board leadership has worked hard to address these issues in a real way, but there is still work to be done.

However, whether we are talking about cars or public education, there is such a thing as trying to buy too cheap. Montgomery has been paying the legal minimum in property tax support for decades. It shouldn’t come as a huge surprise to anyone that our schools’ quality reflects our financial commitment to them.

Yes, it’s true that more money isn’t always the answer, but it’s also true that money is part of the answer. Sometimes the bare minimum isn’t enough, and this is one of those times.

Most people who vote on this referendum will not have children currently attending MPS. If you are one of those people, vote yes anyway.

Our public school population is declining because many young couples with children are leaving our city because they know their children can get a better education elsewhere.

This loss of young parents will eventually kill this city. We have got to turn the schools around before Montgomery’s tax base is eroded beyond repair. Whether you have kids in the system or not, if you care about your local tax burden or the value of your property, it’s time to vote ‘yes.’

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Need another reason to vote yes? Ok, here’s one:  Montgomery will eventually lose both our USAF bases if we don’t show the Air Force we are serious about improving our failing schools. Already less than half of the airmen stationed in Montgomery bring their families with them.

Many military families view MPS as so low quality that they won’t subject their children to them. If we don’t fix our schools, sooner or later we will lose Maxwell and Gunter. If you don’t believe that would be an economic nightmare for our city, ask around.

At the end of the day, passing this referendum is not only a vote to help children succeed, but also a vote to save the city in which we all live. It’s ok to be hopeful, it’s ok to be optimistic even about the future of Montgomery and its schools.

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If we want Montgomery to change for the better, we are all going to have to start living in our community rather than off of it.

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Opinion | FEMA’s Hurricane Sally response

So, how has FEMA performed in responding to Hurricane Sally? So far, pretty darn well.

Bradley Byrne

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Gov. Kay Ivey took a tour of the damage from Hurricane Sally on the gulf coast Friday September 18, 2020. (Governor's Office/Hal Yeager)

Most people in Alabama have heard of FEMA, the Federal Emergency Management Administration. Its name is a little misleading because emergencies by their nature aren’t so much managed as responded to, often after the fact. You can’t manage a tornado or an earthquake, for example, but you can and should respond to it.

Hurricanes are facts of life down here and nearly every part of our state, not just the coast, have been affected in some way by at least one. We can prepare for hurricanes and guard against the worst consequences and that starts with each of us as individuals, family members and citizens doing our part to be prepared to protect and take care of ourselves, family members and neighbors. Alabamians are actually pretty good at doing that.

But, there is also a role for governments at all levels. Local governments actually play the most important public role because they are closest to the people of their areas and have the first responders already employed and trained to take care of the needs of local residents during the period running up to, during, and in the immediate aftermath of the storm. State governments manage the preparations before the storm and provide the support local governments need afterward to do their jobs. The federal government supports the state and local efforts, which typically means providing the lion’s share of the money needed, anywhere from 75 percent to 90 percent of the costs. So there’s not one emergency management agency involved in responding to hurricanes but three, corresponding to each level of government.

The day before Hurricane Sally hit, I was individually briefed by the Director of the National Hurricane Center Ken Graham, FEMA Administrator Pete Gaynor and Coast Guard officials. That same day I went to the White House and made sure we had a good line of communication in case we needed help, which looked likely at the time. I have to say, the White House was immediately responsive and has continued to be so.

How has FEMA handled the federal response to Hurricane Sally? When the state of Alabama requested a pre-storm disaster declaration, which triggers federal financial support for preparations and response during the storm, FEMA and the White House gave the okay in just a few hours. On that day before when I spoke with the White House, I asked them to send FEMA Administrator Gaynor to my district as soon as possible once the storm cleared to see the damage and meet with local officials. He came three days after the storm and spent several hours touring the damage with me and meeting with local leaders. When the state of Alabama requested a post-storm declaration, triggering federal financial support for public and individual assistance, FEMA and the White House responded affirmatively in less than 48 hours – record time.

Public assistance is federal financial support for the costs to state and local governments as a result of a storm. This includes water bottles and meals ready to eat for locally requested points of distribution, debris removal and cleanup costs (think of the large tandem trucks picking up debris piled up on the right of way), as well as the costs to repair damage to public buildings and infrastructure like roads and bridges, and in the case of Sally damage to the Port of Mobile.

Individual assistance, as the label states, goes to individuals affected by the storm. Private assistance won’t pay something you have insurance for, but it does pay for a variety of losses, particularly having to do with an individual’s home. So far 60,000 Alabamans have applied for individual assistance and already FEMA has approved $42 million. If you haven’t applied for individual assistance there’s still time for you to do so online at DisasterAssistance.gov, or if you need help in applying call FEMA’s Helpline at 1-800-621-3362. If you have applied for individual assistance and have been denied, appeal the decision because frequently the denial is simply because the applicant didn’t include all the needed information.

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Many people were flooded by Sally and over 3,000 of them have made claims to the National Flood Insurance Program. Over $16 million has already been paid out on those claims. The Small Business Administration has approved over a thousand home loans to people with storm losses, totaling over $40 million, and many more loan applications are still pending.

So, how has FEMA performed in responding to Hurricane Sally? So far, pretty darn well. I want to thank FEMA Administrator Gaynor for coming down here so quickly after the storm and for FEMA’s quick and positive responses to all our requests. And I want to thank President Trump for his concern and quick response to Alabama’s requests for disaster declarations. Hurricane Sally was a brutal experience for us in Alabama, but FEMA’s response shows that government can do good things, helping people and communities when they really need it.

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Opinion | An inspirational pick

Many progressives, it seems, claim to believe in the power of women, but only for women who think and talk like they do.

Govs. Kay Ivey, Kristi Noem and Kim Reynolds

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President Donald Trump, left, and his Supreme Court nominee, Judge Amy Coney Barrett. (WHITE HOUSE PHOTO)

A century ago, the Suffragettes finally succeeded in winning the right to vote for women. They would be thrilled to see the nomination of a woman so uniquely qualified to serve on the U.S. Supreme Court as Judge Amy Coney Barrett, were they alive today. It’s easy to imagine them storming the streets of America and urging that Judge Barrett be confirmed, and by a wide margin.

After all, the four female justices nominated before her were confirmed with lopsided votes by the U.S. Senate: 99-0 for Justice Sandra Day O’Connor, 68-31 for Justice Sonia Sotomayor, 63-37 for Justice Elena Kagan and 96-3 for the late Justice Ruth Bader Ginsburg.

Sadly, it speaks to the times in which we are living that Judge Barrett’s vote by the Senate will most likely come down to a tight vote, with nearly every Democrat opposing her nomination.

As governors who are either the first or second females to be elected in our respective states, we are rightfully proud to see diversity expand among the highest levels of government. Notably, however, our support for Judge Barrett hinges not on her being a female, but rather her superior intellect, unflappable composure and impeccable integrity, all which combine to make her eminently qualified in every way. 

Regretfully, we know – as do many others – that the climb for women into the upper echelon of American leadership has always been a bit steeper. After all, when was the last time a man’s haircut, the color of his tie or suit or the number of children in his family were scrutinized as part of the public discourse?

It is bittersweet that Judge Barrett followed her father’s advice that she could do anything her male counterparts could do, only better, and yet, sadly, millions of women appear to oppose her nomination simply because she interprets the law as-written, rather than siding with them on every issue. Is this the new standard for qualification?  

Many progressives, it seems, claim to believe in the power of women, but only for women who think and talk like they do.

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We applaud President Trump for choosing Judge Amy Coney Barrett for service on our nation’s highest court; she may well be one of the most qualified, extraordinary picks during the past century, and we urge the United States Senate to confirm her nomination in short order.

We especially like the direct answers Judge Barrett provided to two of the Senate Judiciary Committee members who questioned her last week. 

When Sen. Chris Coons, D-Delaware, suggested that Judge Barrett would vote in the same manner as the late Justice Antonin Scalia, a conservative for whom she had clerked earlier in her career, she calmly responded, “I assure you I have my own mind.” 

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And when the Committee’s ranking Democrat, Sen. Dianne Feinstein, D-California, asked her whether she believed that Medicare was unconstitutional, she cited the “Ginsburg Rule,” so named for the late justice she will be following, of providing “no hints, no previews, no forecasts.”

Perhaps one of the most powerful witnesses to speak in support of Judge Barrett was her former law student at Notre Dame, Laura Wolk. 

Ms. Wolk is totally blind, but before pursuing the “impossible dream” of becoming the first blind law clerk at the Supreme Court last year, she was struggling with her classwork as a first-year law student, fearful of failing. 

Laura recalled, “Judge Barrett leaned forward and looked at me intently. ‘Laura,’ she said, with the same measured conviction that we have seen displayed throughout her entire nomination process, ‘this is no longer your problem. It’s my problem.’”

Ms. Wolk went on to say that Judge Barrett helped her see a pathway to success.  She said the Judge will “serve this country with distinction not only because of her intellectual prowess, but also because of her compassionate heart and her years of treating others as equals deserving of complete respect.”

When Judge Barrett raises her right hand to take the oath to “administer justice without respect to persons” and to “support and defend the Constitution of the United States,” it will be a win-win for every female – young and old alike during the past 100 years – who has dreamed of seeing women advance to the top positions of our government. 

Moreover, it will be a signal to every little girl – and boy – that the most qualified individual will get the job.

Governors Kay Ivey of Alabama, Kristi Noem of South Dakota and Kim Reynolds of Iowa authored this column.

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Opinion | Hearings give public opportunity to weigh in on coal ash plans

ADEM will make sure the closure and cleanup of the coal ash sites will be done in a way that will protect the state’s land and water resources now and in the future.

Lance LeFleur

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The mission of the Alabama Department of Environmental Management is to ensure for all Alabamians “a safe, healthful and productive environment.” It’s a mission that ADEM and its nearly 600 employees take very seriously.

Ensuring a safe, healthful and productive environment means more than simply being the environmental cop, though that certainly is part of ADEM’s job. When the Alabama Legislature passed legislation in 1982 that led to the creation of ADEM, lawmakers’ intent was for the agency to promote public health and well-being.

The term “healthful” in ADEM’s mission statement speaks directly to that. ADEM’s work is to contribute to the health of Alabama’s environment and the health of all Alabamians.

An example of that work is managing the process that will determine how coal combustion residuals (CCR) – or coal ash – are dealt with in a safe and effective manner. Managing CCR promotes a healthful environment by protecting our land and water.

On Oct. 20, ADEM will hold the first of a series of public hearings on permits drafted by ADEM to require electric utilities to safely close unlined coal ash ponds at their power plants and remediate any contaminated groundwater. The hearings, and the comment periods leading up to them, give the public the chance to provide ADEM input on the requirements in the draft permits.

To understand how we got to this point today, let’s go back to Dec. 22, 2008, in Kingston, Tenn. On that frigid night, the containment dike surrounding massive ponds holding decades worth of CCR produced by the coal-burning TVA power plant collapsed, spilling more than a billion gallons of coal ash sludge into the Emory River and onto 300 acres of land.

That spill drew the attention of regulators and the nation to the issue of coal ash storage, for which there was little regulation at the time. It also started the U.S. Environmental Protection Agency on the road to adopting a federal CCR rule, which took effect in 2015. The Alabama Environmental Management Commission approved a state CCR rule in 2018, patterned after the EPA rule.

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The rules address two primary issues: closing coal ash ponds to avoid threats of spills into waterways or onto land, and preventing and cleaning up groundwater contamination from arsenic, mercury, lead and other hazardous elements that may leach from the coal ash.

Both the EPA and state rules give the electric utility operators two options in closing the ash ponds. One allowable method is to excavate the millions of tons of coal ash and either move the coal ash to a lined landfill or find an approved beneficial use for the ash. The other is to cap in place, where an impervious cover, or cap, is placed over the ash impoundment. Both methods have been used successfully for decades to close some of the most contaminated sites in the nation.

It must be emphasized that the closure method selection is made by the utilities, as allowed by both federal and state rules. Alabama Power, TVA and PowerSouth all elected to utilize the cap-in-place option.

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The permits will also set out the steps to be taken to clean up contaminated groundwater caused by the coal ash ponds. ADEM’s job, in its environmental oversight role, is to ensure the closure and groundwater remediation plans proposed by the utilities and included in the permits meet federal and state standards and protect both waterways and groundwater. The permits provide for regular monitoring to confirm the closure and cleanup plans are being implemented as required. If necessary, the plans will be adjusted to ensure the intended results are being achieved.

Currently, ADEM has scheduled public hearings on the permits for three Alabama Power plants. The first is Oct. 20 for Plant Miller in Jefferson County, followed by Oct. 22 for Plant Greene County and Oct. 29 for Plant Gadsden in Etowah County. Permits for the other five sites in Alabama are in development, and hearings will be scheduled when they are complete.

The purpose of these hearings is to allow the public, including nearby residents, environmental groups and others, opportunities to weigh in on the proposed permits. This past summer, Alabama Power, TVA and PowerSouth held informational meetings in the communities where their affected plants are located to explain their proposed groundwater cleanup plans(including the CCR unit closure component) and answer residents’ questions.

The draft permits, the hearings’ dates, locations and times and other information are available on ADEM’s website, www.adem.alabama.gov. The public can also mail or email comments related to the permits, including the closure plans and groundwater remediation plans, directly to ADEM during the proposed permits’ 35-day minimum comment periods, which will run one week past the date of the public hearings. Those comments will be considered in the decisions to issue the permits, and ADEM will provide a response to each issue raised.

For maximum protection of the environment, ADEM encouraged the power companies to go beyond the minimum requirements of the state and federal CCR rules. ADEM’s scientists and engineers who analyzed the plans through an exhaustive review and revision process determined the final plans provide the environmental protections Alabamians expect and deserve. But we want to hear from the public.

Certainly, there are pros and cons of each option in closing the coal ash ponds. The daunting task of cleaning up contaminated groundwater will be undertaken regardless of which closure method is utilized. As one opinion writer recently said, there is no easy answer to the coal ash problem. But this is a matter we cannot duck. We must deal with our coal combustion residuals – by EPA requirement and for the sake of our environment.

Here’s what you can count on from your state agency charged with protecting your environment. ADEM will make sure the closure and cleanup of the coal ash sites will be done in a way that will protect the state’s land and water resources now and in the future.

Ensuring that is our mission.

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