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Analysis: Many States Are Likely Unprepared For Next Downturn

Submitted by jhartgen@abi.org on

Many U.S. states have been slow to improve their finances nine years into the economic expansion. That raises a risk they won’t be prepared when another downturn hits, making them susceptible to big spending cuts that make that next recession worse, according to a Wall Street Journal analysis. State governments have been grappling with tepid revenue growth and heavy pension and Medicaid costs. In many places that has resulted in smaller reserves. Measured as a share of spending, 21 states had smaller rainy day funds in 2017 than they did in 2008, according to data from the National Association of State Budget Officers compiled by the Tax Policy Center. Rainy day funds help states preserve spending levels when their revenues plunge. Those reserves are especially important because, unlike the federal government, states don’t run budget deficits in downturns. Most states rely primarily on income and sales taxes to fund their budgets. That makes them particularly vulnerable during recessions, when layoffs result in lost incomes and scaled-back purchases. At the same time, recessions put pressure on state spending as demand for government services, such as unemployment insurance and Medicaid, soars. In previous recessions, the federal government stepped in with spending to keep states afloat. That may be harder to do next time because federal debt is rising rapidly. “There are levers that all the states could think about in terms of preparing for the next economic downturn,” said Federal Reserve Bank of Boston President Eric Rosengren. “It doesn’t seem like there is that much movement in that direction right now in many states.”

Tax Wrinkle Spurs Pension Funds to Buy More Treasurys

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U.S. companies are funneling extra money into their pension funds to take advantage of temporary tax savings, moves that are helping suppress yields on long-term Treasurys, the Wall Street Journal reported. S&P 500 companies are contributing to pension plans this year at a pace expected to nearly match 2017’s level, which at $63 billion was the most since 2003, according to Goldman Sachs Asset Management. Last year’s contributions were spurred in part by companies anticipating changes in the U.S. tax-code overhaul. That and continued contributions this year have been a boon for the Treasury market because pension funds tend to invest in long-dated bonds to match their long-term liabilities. The yield on the 30-year bond has been falling recently, closing at 2.959 percent on Tuesday, down from a recent peak of 3.245 percent in mid-May. Analysts are pinning the drop in yields — which happens as prices rise — partly on demand from pension funds. Long-term rates have remained low and U.S. inflation has picked up this year.

Energy Future Holdings Asks District Court to Dismiss Appeal by Asbestos Claimants

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Energy Future Holdings Corp. (EFH) has asked the U.S. District Court of Delaware to dismiss an appeal filed by a group of asbestos personal-injury claimants, calling it “moot” and an “improper attack,” Reuters reported. The appeal filed last month argued that EFH’s bankruptcy confirmation is unlawful because of its treatment of people who had asbestos exposure before the 2014 bankruptcy filing but had not filed a claim by Dec. 14, 2015, because they were not yet sick.

Opinion: Bankrupt News Company Wants to Protect Journalists — But Will Judge Let It?

Submitted by ckanon@abi.org on
Following its sale to Digital First Media this spring, the Boston Herald’s former parent company appeared to be on track for a relatively smooth path out of bankruptcy — until a judge started asking questions about proposed legal protections for the newspaper’s reporters and editors, according to a Debtwire opinion published by Forbes. Bankruptcy lawyers appeared in court to request approval of a chapter 11 plan that would wind down the remaining shell company, HMH Media, and distribute proceeds of the Digital First sale to creditors. The proposed plan faces no substantial opposition from creditors, and has the support of unions and pension funds. Like many bankruptcy exit plans, the Herald’s includes a provision that effectively shields individuals who could face future legal action related to the company and activity surrounding its bankruptcy. These protections are often included in bankruptcy plans for the benefit of former and current executives of the company, but the Herald’s former parent wants to use what lawyers called “content releases” to protect its editorial staff too, specifically from potential defamation claims that could someday be filed in response to articles published before the sale to the new owner. The editorial staff should be allowed these releases in light of the “inherent risk” of defamation claims that comes with being a member of the media, as well as the protections afforded by the First Amendment. However, the judge overseeing the case has her reservations. Judge Laurie Selber Silverstein, who weighed in on plan releases as recently as October, said those protections would be more appropriate in the form of an insurance policy indemnifying the journalists in the event of such legal action. <em>Herald</em> publisher and former owner Patrick Purcell testified in court that it has such a policy — but it comes with a $1 million deductible.
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Companies Race to Top Off Pension Plans to Capitalize on Tax Break

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Companies with underfunded pensions have a rare opportunity to score a tax break in the coming months, the Wall Street Journal reported. Pension contributions made through mid-September can be deducted from income on tax returns being filed for 2017 — when the U.S. corporate tax rate was still 35 percent. That means a company that contributes $100 million to its pension plan now can save $35 million in taxes, while a company contributing the same amount after the deadline would save just $21 million, based on the new 21 percent corporate tax rate. With the deadline less than three months away, corporations are preparing to top off their pension plans to take advantage of the beneficial tax treatment. This one-time incentive is helping corporations close a pension funding gap that topped $680 billion for S&P 1500 companies after the financial crisis, according to consulting firm Mercer.