eNAPUS Legislative and Political Bulletin 9.2

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  • 8/3/2019 eNAPUS Legislative and Political Bulletin 9.2

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    Instead, an amendment may be

    offered to apply the savings to

    deficit reduction. That distinc-

    tion is wasted on those whose

    earned retirement security is

    compromised by the legislation.

    H.R. 7 is being abused as simply

    another vehicle to reach into the

    pockets of postal and federal

    workers. Moreover, whether, or

    not, the pension cuts would be

    used to fund highway construc-

    tion or reduce the deficit, the

    $44 billion would be used to

    offset the cost of H.R. 7.

    NAPUS expects the House Rules

    Committee to meet by mid-next

    week to determine whichamendments will be allowed for a

    floor vote. In addition, it will be

    noteworthy to see whether the

    GOP leadership permits a vote

    to strike Article 16 entirely from

    H.R. 7, or the only amendment

    permitted relating to Article 16

    would be an amendment to apply

    the savings to deficit reduction.

    We expect the House to take up

    H.R. 7 on Friday, February 17,

    immediately preceding the

    weeklong Presidents Day Re-cess. Fortunately, the Senate

    version of the highway construc-

    tion bill does not target the pub-

    lic workforce.

    NAPUS members should urge

    their Representatives to strike

    Section 16 from H.R. 7.

    The latest salvo fired at the fed-

    eral public service was fired by

    freshman Rep. Dennis Ross (R-

    FL), chairman of the House Sub-

    committee on the Federal Work-

    force, Postal Service, and Labor

    Policy on Tuesday. The House

    Oversight and Government Re-

    form Committee favorably ap-

    proved H.R. 3813, the so-called

    SAFE Act, by a party-line 22-16

    vote. The bill would dramatically

    slice earned retirement security,

    and impose a regressive 1.5%

    income tax on the postal and

    federal workforce. The cuts

    total $44 billion over 10 years.

    Specifically, H.R. 3813 would:

    Increase FERS and CSRS

    contributions by 1.5% over

    the next 3 years of all em-

    ployees

    Change the FERS computa-

    tion formula from the high-3

    to the high-5 for employees

    with less than 5 years of

    federal/postal service

    Reduce the accrual rate

    under FERS by 36% for em-

    ployees with less than 5

    years of federal/postal ser-

    vice

    Eliminate the Social Security

    Supplement for FERS em-

    ployees for those who are

    retiree prior to being eligi-

    ble for Social Security and

    who retire after 2012

    Public employee pay freezes,

    retirement cuts and health bene-

    fit attacks are par for the course

    in the current Congress. NAPUS

    members are among those who

    are vulnerable to these mean-

    spirited and unjustified attacks.

    The irony to this shameful legisla-

    tive charade is that immediatelyafter the Oversight and Govern-

    ment Reform Committee ap-

    proved the bill, the House Rules

    Committee pocketed the text of

    H.R. 3813 and inserted it in a

    highway construction and trans-

    portation funding bill (Article 16

    of H.R. 7). It seems as though

    the fix-was-in. It is interesting

    to note that the Chairman of the

    Transportation Committee, John

    Mica (R-FL), a Sunshine State

    colleague of Rep. Ross whochaired the Federal Workforce

    Subcommittee in the mid-1990s.

    It appears, however, that the too

    -cute-for-comfort legislative ploy

    was transparent enough that

    some GOP members want to

    decouple the cost-cutting at-

    tributed to pension reductions

    from transportation funding.

    Open Season on the Federal Public Service?

    eNAPUS Legislative and Political

    Bulletin F E B R U A R Y 1 0 , 2 0 1 2V O L U M E 9 , I S S U E 2N A T I O N A LA S S O C I A T I O NO F

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  • 8/3/2019 eNAPUS Legislative and Political Bulletin 9.2

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    NAPUS strongly believes that the

    CBO estimate is disingenuous, since

    none of the identified funds are the

    taxpayers, and it results from re-

    funding the USPS FERS surplus and re

    -amortizing the pre-funding of future

    retiree FEHBP liabilities. Moreover,

    the Office of Personnel Management

    has calculated that the USPS has

    overfunded FERS and CSRS by $13.1

    billion. (The OPM determination is

    independent of the projected $55-75

    billion USPS overpayment into the

    CSRS.)

    Finally, the USPS circulated in theSenate a memorandum, raising ques-

    tions about its commitment to purs-

    ing passable postal relief legislation

    this year. USPS-promoted provisions

    excluded from the Governmental

    Affairs-approved bill or USPS-resisted

    items Committee, or amendments

    that may prevail on the Senate floor

    have tainted the USPS 2012 legisla-

    tive strategy.

    However, the facts are uncontested.

    The USPS will be unable to make

    Over the past couple of weeks, con-

    sideration of S. 1789, the 21st Centu-

    ry Postal Act , has slipped behind

    other Senate legislative priorities. On

    the immediate horizon, a 10-month

    extension of the Social Security pay-

    roll tax holiday will supplant S. 1789

    in the legislative pecking order.

    Complicating prompt consideration

    of the Lieberman-Collins-Carper-

    Brown bill are concerns being raised

    within the Senate Democratic Caucus

    over a limited number of controver-

    sial provisions in the bill (e.g., changes

    to collective-bargaining and the feder-al workers compensation program).

    In addition, there is pressure to add

    provisions to the bill to strengthen

    Postal Regulatory Commission in-

    volvement in facility closure and con-

    solidation decision-making, and deny

    the USPS the opportunity to reduce

    delivery service standards.

    In addition, the Congressional Budget

    Office estimates that the bill would

    cost about $6.3 billion, and caused

    pause on the GOP side of the aisle.

    $11.1 of pre-funding payments in in

    the current fiscal yearabout onAugust 1 and remainder on Septem-

    ber 30. The USPS needs relief from

    these unjustified payments. In addi-

    tion, it needs more legislative latitude

    and incentives to grow its revenue;

    not simply contract its market reach

    into irrelevancy, pursuing a kamikaze

    mission of retail inaccessibility and

    service cuts.

    A potential Senate floor vote on

    which NAPUS will be focusing will be

    a motion to waive a point of order

    against the bill for violating a Senate

    budget rule. We expect that an anti-

    postal Senator will raise such a point

    of order against the bill. NAPUS will

    push for a waiver, because congres-

    sional budget rules are inherently

    unfair to the USPS and prejudicial to

    implementing postal relief.

    In the meantime, NAPUS will contin-

    ue to work with Senate allies to fine-

    tune S. 1789, so that the measure will

    garner the requisite votes for passage.

    Senate Postal Bill Stalled for Now

    Retiree Costs Fully Funded in 21 yearsThe USPS Inspector General (IG) has

    concluded that the Postal Services

    future retiree FEHBP liability could be

    fully funded within 21 years; that is,

    without any further postal pre-funding

    contribution.

    The IG noted that the Postal Retiree

    Health Fund balance presently stands

    at $44 billion. Assuming the historical

    interest rate on special issue govern-

    ment securities of about 4%, the $44

    billion would balloon to about $90

    billion in 21 years, without additional

    USPS prefunding payments.

    In a letter to Sen. Bernie Sanders (I-

    VT), the IG cautioned that this strat-

    egy would only provide short-term

    relief, and only from the onerous

    annual $5.5 billion FEHBP payment.

    The IG went on to state that, unlikeother public or private entities, the

    USPS has put together a war chest

    of over $326 billion to address future

    pension and retiree health obliga-

    tions. The USPS has already over-

    100% funded its pension obligations.

    In fact, when future pension and

    health obligations are combined, 91%

    of all future obligations are funded. In

    contrast, the federal government is

    funded at 42% and military is funded

    at 27%.

    Moreover, the IG echoed the Gospeltruth that there are no public or

    private entities that are required to

    pre-fund healthcare at the USPS

    level. The federal government does

    not pre-fund at all; only 38% of For-

    tune 1000 companies prefund. The

    median prefunding level for those

    private firms that do prefund is 37%.