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Smart Voter
Stanislaus County, CA November 8, 2011 Election
Measure Q
Advisory Vote
City of Modesto

Advisory Vote Only

Pass: 13,369 / 57.78% Yes votes ...... 9,767 / 42.22% No votes

See Also: Index of all Measures

Results as of Nov 18 1:55pm, 100.0% of Precincts Reporting (152/152)
Information shown below: Impartial Analysis | Arguments |

Shall the City seek to move its existing defined benefit retirement plan for employees to a defined contribution retirement plan?

Impartial Analysis from City Attorney
The City Council of the City Modesto has directed that an advisory measure be submitted to the City of Modesto voters seeking a non- binding advisory opinion as to whether the City should seek to move its existing defined benefit retirement plan for employees to a defined contribution retirement plan.

Currently, the City provides its employees with a defined benefit retirement plan through the California Public Employees Retirement System. For purposes of clarification, a "defined benefit" retirement plan is one in which a variable amount (or percentage) of money is paid into a retirement fund each year by the employee and the City for the benefit of that employee. The amount paid to the employee at retirement is fixed based upon factors such as age, salary history and duration of employment. With this type of program, the City bears the risk of fund variation due to investment gains and losses, and the retirement allowance to the employee remains the same. By contrast, a "defined contribution" retirement plan is one in which a specific and certain amount (or percentage) of money is paid into a retirement fund each year by the employee and the City for the benefit of that employee. However, the amount paid to the employee at retirement cannot be pre-determined because, although the amount contributed is fixed, the amount in the employee's retirement fund and retirement allowance will vary due to investment gains and losses and the employee bears the risk of this variation.

This advisory measure seeks the voters' input on whether the Council should seek to move toward changing its retirement program to a defined contribution program. The ballot measure language itself lists a "401K style" plan as an example of one possible defined contribution retirement program alternative the Council could pursue.

The outcome of the election will be presented to the City Council as information concerning the opinions of the voters of the City regarding this matter. However, the outcome of the election with respect to this measure will not bind the Council to act in any particular way with respect to this aspect of the City's retirement program.

You should vote "YES" on this measure if you want to advise the City Council that you are in favor of the Council seeking to move the current City retirement program from a "defined benefit plan" for city employees to a "defined contribution" plan.

You should vote "NO" on this measure if you want to advise the City Council that you are not in favor of the Council seeking to move the current City retirement program from a "defined benefit plan" for city employees to a "defined contribution" plan.

The measure seeks a non-binding advisory opinion only. According to California Elections Code Section 9603(c), advisory votes express general voter opinion but do not bind the City or the City Council to act in any manner.

/s/ Susana Alcala Wood
City Attorney
City of Modesto

The above statement is an impartial analysis of Measure Q. If you desire a copy of the measure, please call the City Clerk's Office at (209) 577-5396 and a copy will be mailed at no cost to you.

  News and Analysis

Modesto Bee

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Arguments For Measure Q Arguments Against Measure Q
Should the City of Modesto:
  • Seek to move employees from a defined benefit plan to a defined contribution (401k style) plan for retirement benefits? Yes or No.

It is clear that Modesto cannot afford to continue down the path of defined benefit plans. Doing so has crippled the city's ability to budget long term.

Moving to a 401(k)-style plan that is more in line what private-sector employees are experiencing allows the city to better predict its future pension costs.

If we do not make this change, then the City of Modesto will have to turn to increased taxes or reduce services to fund the costs of public pensions.

Moving to a 401(k)-style pension plan will provide Modesto with a steady level of costs while still maintaining a top retirement plan for our valued city employees. Modesto will be greatly served by this proposal because it will be the best way to solve Modesto's long-term structural deficit and avoid a massive unfunded liability.

Please join with business groups, taxpayer advocates, and residents of Modesto from all avenues of life in supporting this advisory measure to fundamentally solve the issue of out-of-control public pension costs.

/s/ Brad Hawn, Vice Mayor City of Modesto
/s/ Cecil Russell, President and CEO, Modesto Chamber of Commerce
/s/ Dave Thomas, President, Stanislaus Taxpayers Association
/s/ Janice E. Keating, Former Modesto City Councilmember

Rebuttal to Arguments For
What Proponents of Measure Q Aren't Telling You:

1. It can't be done. The City of Modesto cannot shift to a 401K program without state or court approval.

2. It will cost more money. Even if the state or the courts approved such a shift, Modesto taxpayers would have to pay hundreds of millions of dollars to cover benefits.

3. Who will pay for the Social Security shortfall? Private sector employees receive Social Security, but Modesto city employees cannot take part in the Social Security program. Measure Q supporters want Modesto city employees to be treated like private sector employees. Modesto taxpayers would have to pay Social Security for city employees if Measure Q is implemented.

4. Measure Q is nothing more than political grandstanding. It will save no money and undermines the real changes the city and its employees have taken to improve its pension system. This is a misleading measure designed for political purposes and should be rejected by the voters. Don't let politicians tell you otherwise.

Brad Hawn and the City of Modesto refused to hold committee hearings and conduct a financial review of this measure. They want the true cost to taxpayers hidden. Beware of politicians who say "trust us" instead of giving facts and figures.

/s/ Adam Christianson
/s/ Susan Azevedo, Businesswoman
/s/ Tim Tietjen, President, Modesto City Firefighters Association
/s/ Diana L. May, Crime Victim Advocate
/s/ Will O'Bryant, Former Councilman

Measure Q is a Sham! It is not legally possible for the city of Modesto to implement it as its proponents state. Measure Q ignores fact that city employees do not receive social security. It fails to mention that city taxpayers would have to pay millions of dollars to make such a switch occur, at the same time contributing to the new defined contribution system. The city council should do the math. Do not let them backdoor major policy changes without identifying the costs. We've been through that before (remember Village One). The City and its employees have already agreed to eliminate pension abuses. Measure Q suggests that some council members may want to change their minds on this issue. Vote No so they can't use this sham election as an excuse!

/s/ Laurie A. Smith, President, Modesto Confidential Management Association
/s/ Antonio Arguelles, President, Modesto Police Officer's Association

Rebuttal to Arguments Against
Under the defined benefit pension system, California faces an unfunded liability of up to $500 billion according to a Stanford University study. Defined benefit pensions are out dated and unsustainable.

Measure Q is a balanced approach that provides Modesto's public employees with a defined contribution and allows the city to predict its future pension responsibilities.

Most private businesses use a defined contribution/401(k)-style retirement plan and now local governments are making the switch too. Measure Q is a commonsense plan that will help give the public a seat at the table in negotiations.

Public employee unions are attacking Measure Q because they want to continue the system where some of their members can retire at 50- years-old and receive more in retirement than while working.

Vote YES on Measure Q. Join with business groups, taxpayer advocates and residents of Modesto from all avenues of life in supporting a fiscally responsible Modesto.

/s/ Leslie M. Kazas, Insurance Agent
/s/ Sarah Pena, Insurance Agent
/s/ Robert Rosenbaum, DDS
/s/ Gary L. Renard, Retired
/s/ Michael D. Huffman, Real Estate Agent


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