Last evening Governor Kernan announced that he had signed into law HEA 1285. As a result, the law is now in effect, retroactive to September 1, 2003. This new law will prevent anyone from accessing PERF information, other than member names and years of service, through a FOIA request.
The Indianapolis Star has good coverage of the Governor's actions today in this story, titled "Governor approves pension secrecy." Here from the story are some quotes from Ember Werts Sr., 70, of McCordsville:
Werts, who retired early from Eli Lilly and Co. in 1986, said lawmakers should pass a bill next year that gives Hoosiers access to enough information to track how public money is spent on pensions. "They're working for us -- or at least I thought so," he said.The Star also carries the "Statement of the Governor on HEA 1285," which does not appear to yet be available on the State's website. Access it here. The statement concludes:The retired graphic designer believes Social Security numbers, addresses, investment choices and beneficiary information probably should remain private. But Werts said the public should be entitled to amounts of pension benefits employees accrue while they're still working, their dates of employment, which government agencies they worked for, and the cities and states they now live in.
Lawmakers' records should be even more open to scrutiny, Werts said, because taxpayers contribute $4 to their pensions for every $1 lawmakers put in. Nearly 200 current and retired lawmakers participate in the legislators' retirement system, which has assets totaling $11 million. Legislators also participate in the state's deferred compensation plan, a retirement option in which the state matches up to $390 per year. Taxpayers have kicked $173,250 into that plan since 2000.
"That's a lot of money," Werts said. "I'd like to know how much they're getting."
While personal information must remain confidential, I believe that Indiana law should make more pension information public. The public is entitled not only to the names and dates of service of PERF members, which is available under current law, but also to the amounts being paid to PERF members. Just as salary information for current employees is a public record, pension payment amounts also should be public records. I will work with the 2005 General Assembly to exempt PERF payment amounts from confidentiality restrictions.Here is the coverage form the Munster NWI Times this morning.
[More] Here is the link to the Governor's official statement.
[Update 3/20/04] Today's Indianapolis Star has this lead editorial that begins:
Gov. Joe Kernan's pledge to seek legislation lessening the secrecy of public employee pension funds gives small consolation to taxpayers in light of the General Assembly's record regarding access to government records.Posted by Marcia Oddi at March 19, 2004 09:59 AMIf Kernan wins the November election, he'll confront a legislature that sealed most pension records in 2001 and quietly passed legislation this session that closes off the rest. When he signed the latter bill into law Thursday, Kernan proclaimed that all employees should be treated equally but neglected to mention, among other details, that the measure serves the most equal employees of all.
Legislators, who receive four tax dollars for every dollar they contribute, are the biggest beneficiaries of the newly secret funds, which also enroll judges and prosecutors. It hardly seems a coincidence that the law denying access was passed retroactive to requests by news organizations to view the records. Media investigations in other states have turned up millions in misappropriated public employee pension funds.