Judge: Stockton must pay creditors and pension fund

AP Photo/Ben Margot

AP Photo/Ben Margot

A federal judge ruled Wednesday that U.S. bankruptcy law allows Stockton, California, to treat public pension fund obligations like other debts, meaning the city could trim its pension obligations.

Stockton argued that it must make its pension contributions for public employees before its creditors are paid the entire amount they are owned.

The case is being closely watched because it could help clarify who gets paid first by financially strapped cities around the nation — retirement funds or creditors.

The ruling was prompted by a key creditor's contention that pension obligations should be treated like other debts. The judge has not yet ruled on the city's overall plan for exiting bankruptcy, which includes continued payment of its pension obligations.

In its case against Stockton, Franklin Templeton Investments says the pension payments are fair game as it tries to collect on an unsecured $32.5 million claim against the city.

Stockton City Manager Kurt Wilson and its attorney Marc Levinson declined immediate comment on the pension ruling as the city prepared to present its overall bankruptcy exit plan later in the day.

Attorneys had argued that California law gave pension funds special protections beyond those offered in other cases such as the bankruptcy declaration in Detroit.

In making his ruling Wednesday, U.S. Bankruptcy Judge Christopher Klein said, “California public employee retirement law … is simply invalid in the face of the supremacy clause of the United States Constitution.”

That means federal bankruptcy and contract law applies to the pension fund, “just like anybody else,” Klein said.

Earlier in the proceedings, Levinson said employees of Stockton could be forced to take a 60 percent pension “haircut” if a federal judge rejects its overall reorganization plan.

That plan calls for continuing full payments to CalPERS over Franklin's objections. If the plan is approved by Klein, his ruling on treating pension payments like other debts would have no practical effect, CalPERS attorney Michael Gearin told reporters.

CalPERS or another party is likely to appeal the judge's ruling once he issues a written opinion, Gearin said.

The city can afford to pay Franklin in full over 30 years even if it also keeps making its pension payments, Franklin Templeton Investments attorney James Johnston told Klein.

The judge spent much of the morning questioning whether CalPERS and its members enjoy a protected status under federal and state laws.

“One can't mess with CalPERS, that's the vernacular way of putting it,” the judge said at one point, summarizing the view of CalPERS and Stockton officials.

“Is CalPERS a state unto itself?” Klein mused later.

Stockton, an inland port city, became the largest city in the country in 2012 to file for Chapter 9 protection before Detroit made the move last year.

Before the recession, Stockton leaders spent millions of dollars revitalizing the downtown area with a new City Hall and building a marina, sports arena and ballpark. The city issued about 3,000 permits annually to build new homes, and it paid police premium wages and health benefits.

With the recession, building dried up, and Stockton became ground zero for home foreclosures. Like many residents, City Hall couldn't pay its bills. The city slashed its budget by millions of dollars and laid off 25 percent of its police officers. Crime soared.

The city about 80 miles east of San Francisco wants Judge Klein to approve its plan for reorganizing more than $900 million in long-term debt. Franklin Templeton Investments wants the judge to reject the proposal.

The city has reached deals with all of its major creditors, except for Franklin.

Franklin attorney Johnston said the company is being offered 1 cent on each dollar for a loan given to Stockton in 2009 to build firehouses and parks, and to move its police dispatch center.

Johnston told the judge that Stockton struck much more favorable deals with other creditors.

BankruptcyCaliforniaCalifornia NewsStockton

If you find our journalism valuable and relevant, please consider joining our Examiner membership program.
Find out more at www.sfexaminer.com/join/

Just Posted

A cyclist heads past an artistic sign onto Page Street, a Slow Street, at Stanyan Street near Golden Gate Park on Monday, April 12, 2021. (Kevin N. Hume/S.F. Examiner)
Push to make street closures permanent meets with resistance

Hastily thrown together during the pandemic, Slow Streets program now struggles to build support

Agnes Liang, who will be a senior at Mission High School, is running for one of the two student representative seats on the San Francisco Unified School District Board of Education. (Kevin N. Hume/S.F. Examiner)
Turbulent year on school board leaves student delegates undeterred

Around this time last year, Shavonne Hines-Foster and Kathya Correa Almanza were… Continue reading

(Kevin N. Hume/S.F. Examiner)
Three people killed in SF shootings in less than 24 hours

San Francisco police were scrambling Saturday to respond to a series of… Continue reading

Muni operator Angel Carvajal drives the popular boat tram following a news conference celebrating the return of the historic F-line and subway service on Friday, May 14, 2021. (Kevin N. Hume/S.F. Examiner)
Mayor, transit officials celebrate return of Muni service

Mayor London Breed and city transit officials gathered Friday to welcome the… Continue reading

San Francisco police investigated the scene of a police shooting near Varney Place and Third Street on May 7. (Kevin N. Hume/S.F. Examiner)
SFPD shooting may prompt new body camera rules for plainclothes cops

Police chief says incident ‘should not have happened’

Most Read