Sunday, October 25, 2015

Issues of Pension Liability, Legality of Using Sales Tax Revenues and Tax on Cable TV Dominate

2016 Cook County Proposed Budget:  Bureau of Finance and Auditor, Oct. 21,2015


Overview of Proposed Budget
The Finance Committee of the Cook County Board began its meetings on the 2016 Executive Budget proposed by President Toni Preckwinkle with the Bureau of Finance, which provided an overview of the entire budget.  The Chief Financial Officer, Ivan Samstein, explained that the proposed budget is $4.5 billion, up from $4 billion in 2015. 

Most of the projected revenues to cover the increase of $500 million in expenditures from 2015 come from the increase in the County’s Sales Tax to 1.75% that was passed by the Board in July (to be effective Jan. 1, 2016) and the increase in revenues to the Health & Hospitals System (HHS) as a result of the Affordable Care Act and the expansion of Medicaid.  The increase in Sales Tax revenues will not be realized, however until 4 months after the start of fiscal 2016 (which is Dec. 1, 2015).  The President is also proposing to increase revenues by eliminating current exemptions from the County’s Amusement Tax so that recreational activities such as golf and bowling, along with in-home paid cable television, will now be taxed, bringing in an estimated $20 million more.

The budget proposal is to spend the $308 million increase in Sales Tax collections in 2016 as follows:
·         $270.5 million for additions to the Pension Fund to start reducing the $6.5 billion unfunded liability that is growing by $1 million/day
·         $  10.0 million for increased highway funding
·         $  25.0 million to cover “Legacy Debt” service costs
·         $    2.5 million for technology improvements (in lieu of increasing the debt obligation through financing these through bonds as has been done in the past)

“Legacy Debt” service costs refers to the costs of paying interest and repaying principal on bonds that were created prior to President Preckwinkle becoming President in 2010.

The proposed budget also eliminates 236 Full Time Equivalent (FTE) positions that are currently vacant  across a number of County offices, and 51 currently filled positions in the President’s and Sheriff’s offices. 

STAR Performance Management Issues
Each of the department heads within the Bureau of Finance also presented some specifics on each of their departments:  Revenue, Risk Management, Office of Budget and Management Services, County Comtroller, Office of the Chief Financial Officer, Office of Contract Compliance, Office of Enterprise Resource Planning, Office of the Chief Procurement Officer, and the Fixed Charges and Self Insurance Fund.  Each department had a slide presentation showing its mission, the 2015 accomplishments, the 2016 highlights (the goals the department for 2016), and the 2016 STAR (Set Targets Achieve Results performance management program) Goals and Targets.  These STAR goals, however, did not encompass the 2016 “highlights,” and many of the listed targets for 2016 were lower than the expected results for 2015, and sometimes also lower than the actual results for 2014.  The Commissioners, however, did not question these STAR goals or targets.

To see the slides for these presentations, go to http://cook-county.legistar.com and click on “Meeting Details” for the Oct. 21 9 am Finance Committee meeting, Bureau of Finance presentation.

Pension Liability and Legality of Utilizing Sales Tax Revenues to Reduce Liability
Most of the questions from the Commissioners focused on the County’s unfunded pension liability and whether the County is legally able to contribute a portion of the Sales Tax revenue to the Pension Fund. 

As explained to this observer during a meeting with Administration staff providing an overview of the budget to the League and other organizations, Illinois state law currently caps the amount of money that the County can contribute to the Pension Fund.  Cook County has always contributed the maximum allowed (in contrast to the State of Illinois), but because the cap is too low to cover the projected draw down by retirees, the County has the current $6.5 billion unfunded liability that is growing by $1 million a day.  The President committed to use a majority of the increase in the sales tax that was passed this summer to start lowering that unfunded liability. 

However, because of the cap on contributions in State law, which also specifies that contributions are to come from property tax revenues, there is a question whether the County can legally contribute additional sums from sales taxes.  The Administration believes it has found at least a temporary solution (until such time as State law can be changed) by having the County enter into an intergovernmental agreement with the Pension Board to accept the money.  This is critical because the Pension Board, through the different financial investments it can make, regularly earns a return of over 8%.  The County, through the Treasurer’s office, however, is much more limited in the investments it can make and thus would likely earn less than a 1% return.

The legality of this intergovernmental agreement is still in doubt, though it would make no sense to prevent this increase in funding.  Commissioner Gainer, and others, are concerned that no intergovernmental agreement, assuming it is legal, is yet in place with the Pension Board.  Commissioner Gainer wants to hear from the Pension Board as to whether that body sees any problems with entering into such an agreement.  

Proposed Tax on In-Home Cable TV
A number of Commissioners stated their concerns about eliminating the Amusement Tax exemption on in-home cable television.  (It was explained that Federal law prevents the County from taxing satellite television service.)  The Department of Revenue explained that the 3% Amusement Tax is proposed to be applied only to the television portion of a homeowner’s cable bill, and not to the internet or phone portions that may be part of the bill.  Commissioner Boykin was told that this explains the discrepancy between the annual household tax amount of $41.40 per year the Administration is estimating vs. the $90 (outside Chicago) to $200 (within the City) yearly costs Comcast is estimating (which presumably is based on the total cable bill). 

However, it was clear that many of the Commissioners would like to look at finding the estimated $18 million expected revenues from eliminating the cable television exemption from other revenue sources or from reducing expenditures.

Auditor
Shelly Banks, the County’s Auditor, similarly made a presentation of the Office’s mission, 2015 Accomplishments, 2016 Highlights, and STAR Goals and Targets.  Commissioner Suffredin did question why the 2016 STAR target for number of audits in the audit plan was 35 vs. the 38 in 2015 and 36 in 2014.  Ms. Banks stated that the number for 35 is what is planned now, leaving room for additional audits to be added as requested.  (In other words, the target is lower than what is expected.)
 
--Submitted by Priscilla Mims

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