By Tim Reid and Jim Christie
SAN BERNARDINO, Calif., Nov 26 (Reuters) - Bankrupt San
Bernardino, California, voted on Monday to present a plan to a
bankruptcy judge that seeks to balance its budget through
deferring payments to the state's public employee pension fund
and to the city's bondholders.
San Bernardino's council passed the plan after the judge
overseeing its request for bankruptcy protection demanded an
orderly budget be filed in court by Friday, Nov. 30.
San Bernardino's "pendency plan," intended as the city's
operating budget as it works its way through bankruptcy, is
aimed at closing a nearly $46 million budget deficit for the
current fiscal year. It also seeks savings through cuts in jobs,
pensions and overtime payments.
The plan runs to just 12 pages, in stark contrast to the
pendency plan approved in June by Stockton, another California
city seeking bankruptcy protection.
Stockton - a city of 292,000 85 miles east of San Francisco
- produced a restructuring plan that ran to 790 pages. It came
after over 90 days of mediation with the city's creditors.
San Bernardino, a city of 210,000 about 60 miles east of Los
Angeles, avoided any discussions with creditors by declaring a
fiscal emergency in July.
Its 19-month pendency plan calls for about $26 million in
salary and benefit cuts. Another $35 million in savings would
come from the deferral and renegotiation of payments to
creditors, particularly the powerful state pension fund and
holders of nearly $50 million in pension obligation bonds.
San Bernardino has already halted its biweekly $1.2 million
payment to the California Public Employees' Retirement System
(Calpers) since it filed for bankruptcy protection on Aug. 1.
The city calls the halted payments "deferrals," but under
the pendency plan it would not resume any payments to Calpers
until the 2013-2014 fiscal year. It also wants to negotiate its
debt to Calpers so it can be repaid over 30 years.
Calpers, America's biggest pension fund which serves many
cities and counties in California, is San Bernardino's biggest
creditor. The city lists its unfunded pension obligations to
Calpers at $143.3 million. Calpers says if the city halted its
relationship with the fund immediately the debt would be $319.5
million.
Calpers has already formally objected to San Bernardino's
bankruptcy filing. While it says it wants to negotiate with the
city, it has also said it will ultimately take legal action to
recoup any unpaid pension payments.
San Bernardino's move to defer and negotiate payments to
Calpers is in stark contrast to Stockton and Vallejo, another
California city which emerged from bankruptcy in 2011. Both
cities decided to keep current on all payments to the pension
fund.
San Bernardino's case sets up a showdown between Calpers and
other creditors, particularly Wall Street bondholders and
insurers, over how they will be treated in the bankruptcy.
Calpers has long argued that pension contributions cannot be
touched, even in bankruptcy. Wall Street has signaled that it
intends to fight Calpers' historical primacy as a creditor in
the San Bernardino case.
Such a fight could have far-reaching implications for
Calpers and other creditors in future municipal bankruptcy
proceedings.
Of most immediate concern to the city was getting a budget
plan before the bankruptcy judge. She had indicated a
frustration with the city's inability to produce a plan to
balance its budget, which is why she set Friday's deadline.
Some council members, who object to cuts such as the
elimination of 18 vacant positions in the police department,
said they did not like the plan but feared that without it the
judge might throw out the city's bankruptcy request.
"It's not a perfect plan," said councilman Robert Jenkins,
who is affiliated with the city's unions. "But San Bernardino
has to get past this next hurdle."
The plan also seeks to cut firefighter overtime payments and
to reduce employee pension payments currently paid by the city.
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