• Motions approved at 5/8/12 CRA meeting & CRA Letter of 4/16/12

    5/11/12, Fri., 9:35 p.m.
    Below is a copy of a letter from the Commonwealth Retirement Association Chairman.   The recommendations contained in this letter were  voted on and approved by a majority of  those CRA members present at the 5/8/12 CRA meeting.  For those of you who want a copy of the document which was sent to me, that is attached.  The two motions aproved at the CRA meeting are:

     
    Motion #1: The. CRA general membership present support the dismissal of the bankruptcy filing in the federal court.

     
    Motion #2: The CRA general membership present support the CRA board of directors' 3 recommendations outlined in their letter dated April 16, 2012 to the Governor, Senate President, and House Speaker.

     
     Regards.  Donna
     
     

    COMMONWEALTH RETIREMENT ASSOCIATION

     

    16 April 2012
     
    The Hon. Benigno R. Fitial, Governor
    Commonwealth of the Northern Mariana Is.

    Capital Hill
    Saipan, MP 96950
     
    The Hon. Paul A. Manglona, President
    Senate, Seventeenth CNMI Legislature

    Capital Hill
    Saipan, MP 96950
     
    and:
     
    The Hon. Eliceo D. Cabrera, Speaker

    House of Representatives
    Seventeenth CNMI Legislature
    Capital Hill
    Saipan, MP 96950
     
    Dear Sirs:

     
    Governments of major developed countries around the world have seen fit to establish programs that cater to the needs of their citizens. Chief among these are health, education and welfare. A wide range of services under welfare are organized and extended especially to the indigent and the aged. This is the category where the retirement program falls under. The old age insurance program, which we now know as the Social Security Administration (SSA) came into being in 1935. The principal intent of the program, as it was then and now, is to provide financial assistance to employees when they attain the age at which they can no longer be productive. This was determined initially to be 65 years old. Upon attaining the age of 65, a person can arrange to leave the workforce and begin to receive retirement benefits from the SSA. It is important to note that the SSA uses age as the only criterium for eligibility for retirement. If any employee becomes disabled, he or she will be eligible to receive disability benefits under a different program.

     
    The CNMI Retirement Fund under its enabling legislation adapted a different set of eligibility criteria: Creditable years of service or by age. Eligibility to retire after any number of years of creditable service has proven to be too costly, a heavy financial burden to a program that was still at its fledgling stage. Thus, when droves of employees meet the criterium of creditable years of service began to retire without infusion of new money to stabilize the added costs the unfunded liability began its up-scale swing. This amount is only a few thousand dollars shy of one billion; a hefty amount for a retirement pension program that is considered relatively small by U.S. standards. The government’s sporadic failure to pay its employer contribution (as mandated by law) and refusal to comply with the order of the CNMI Superior Court, has compounded the problem, thus putting the retirement program in a crisis so severe that we might witness its demise in two and a half years, if not sooner. This means that there won’t be money to pay retirees their benefits and, consequently the need to close the Retirement Fund Office. While all of this may sound frightening because of the magnitude of its adverse effect to the retirees, their families and the economic well-being of the entire CNMI community there is consolation in the fact that the CNMI Government is constitutionally mandated to continue paying benefits of retirees and those members of the Fund who will be retiring. Given the economic condition that the CNMI is in now, it is hard to see how the government can meet its constitutional mandate. But this is a problem that the government has seemingly been putting on itself; operating beyond its means. We hope that the hardships that we have all begun to experience prove to be an effective wake-up call, not just for the governor, the legislature of the Judiciary, but for everyone. We just can’t demand what our elected officials can’t provide. We must all learn to live within our means.

     
    With no firm plans on how the Retirement Fund crisis is to be dealt with, the financial chaos at CHC, and the constant clamor for more money by PSS as it deals with its increasing student population, the CNMI is on the threshold of an economic abyss. The CNMI can avoid falling into such an abyss by getting our elected leaders to hone a solution that will ensure the continued existence of a retirement pension program that is true to its intent and purpose; a program that adapts the eligibility criteria of the U.S. Social Security Administration. And so that we may embark on a rather sensitive but arguably the most costly program in the CNMI, we strongly recommend as follows:

    A. That the House of Representatives be requested to introduce a bill that will create a seven-member commission (task force) on the CNMI Government Retirement Program. The Governor shall appoint two members, the Senate President and the House Speaker shall each appoint two members and a seventh member appointed by the Board of Directors of the Commonwealth Retirement Association. The Commission will have at its disposal the sum of $50,000.00 to help defray the cost of professional and technical services. Within 120 days from the date of approval of the bill, the Commission shall submit to the Governor, the Senate President and Speaker of the House a comprehensive report on its recommendations, including copies of initiative(s) for the ultimate approval of the voters and legislation that needs to be enacted. Specifically, the Commission’s duties and responsibilities shall include but not be limited to the following:

    1. Review the Senate approved legislative initiative on a pension obligation bond that is awaiting action of the House and propose appropriate change as maybe necessary before final approval by the legislature and presentation to the voters during the upcoming election in November 2012. Draft another legislative initiative to amend Article 3 of the CNMI Constitution, sub-paragraph b, Section 20.

    2. Review every piece of legislation that had been enacted during the last 30 years for the purpose of drafting a comprehensive amendment legislation that would, once and for all, ensure the existence of a retirement program for as long as there is a CNMI Government and employees who rightfully deserve to be paid a pension and receive other benefits when they qualify to retire.

    3. Draft a special revenue-generating legislation, which would create a special account within the Retirement Fund into which all monies received by levying a ten percent (10%) dedicated tax paid to retirees, survivors and disabled. This account is necessary to guarantee the repayment of the pension obligation bond should the CNMI be in default. Otherwise, the funds are to be invested under a closely scrutinized investment program.

    We are hopeful that the approach we propose is acceptable to you and we look forward to a favorable reaction as soon as possible. Time is very much of the essence. To not act now is not an option.

    Sincerely,
    /s/
    Lorenzo LG. Cabrera, Chairman

     
      

    doc icon12.04.16CRA_LetRePOB.docx

1 Comment


  1. Donna J. Cruz says:

    Some have written that there is some confusion about the wording in recommendation #3 in the CRA 5/16/12 letter.

    “3. Draft a special revenue-generating legislation, which would create a special account within the Retirement Fund into which all monies received by levying a ten percent (10%) dedicated tax paid to retirees, survivors and disabled.”

    CRA Chair Larry Cabrera explained that a 10% tax would be taken from retirees’ (not active members) checks. Regards. Donna

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