Webinar: Recent Developments in Pension Obligation Bonds

The Bond Buyer
August.16.2017

Increases in unfunded pension liabilities are a widespread problem affecting many public entities’ budgets, ratings and borrowing capacity, which also impacts their capital improvement programs.

These increases are driven by accelerated retirements, investment performance and, in many recent cases, decreases in assumed rates of investment returns. Large public pension funds have recently decreased their assumed rates of investment returns, including the California Public Employees Retirement System. Escalating pension contributions are creating budget and ratings pressure and leading some governments to re-examine the benefits of pension obligation bonds (POBs).

Topics Discussed:

Recent Market Developments Driving Renewed Interest in POBs
Possible Financial Strategies to Address Burden of Increasing Pension Contributions
Market and Investor Perception of POBs After Recent Municipal Bankruptcies

Authors

Jenna Magan Partner, Public Finance

Sacramento

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D:+1 916 329 7980
E: [email protected]

Practice:

Finance Sector
Public Finance

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Jenna Magan Partner

Sacramento

Jenna has worked on all structures available in public finance, including fixed and variable, tax-exempt and taxable, insured, letter of credit and liquidity supported bonds, conversions, tenders, exchanges, restructurings and reofferings, senior/subordinate, capital appreciation and convertible capital appreciation bonds, securitizations, project finance, direct purchases, bank-qualified transactions and 144A and Section 4a2 offerings.

Jenna's practice focuses on the following areas, in which she has acted as bond, borrower’s, disclosure, underwriter's, and bank/direct purchaser’s counsel:

Healthcare, Senior Living and Other 501(c)(3) Financings
Local Government Lease, Enterprise (Water, Wastewater, Airport, Solid Waste), Pension Obligation and Short-Term Financings
State of California Bond Financings
Project Financings
Tobacco Securitization Financings
Post-Issuance Compliance

Roger Davis Partner

San Francisco

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Practice:

Finance Sector

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Roger Davis Partner

San Francisco

Among the attributes that contributed to his Hall of Fame selection were:

Recognized and sought out for his ability to apply his unusually extensive and diverse experience to solve problems as they arise and develop new programs or financial structures, and for his expertise and judgment in securities laws and disclosure.
Dedicated to helping bring about projects and programs (whether sponsored by public entities, nonprofit corporations or for-profit enterprises) that provide a public benefit and make people’s lives better.
Having led the development of the housing and healthcare practices at Orrick, his recent focus has been on governmental transactions, all manner of non-profit corporations, public private partnerships (P3), portfolio sales, securitizations, energy and water efficiency programs, student, senior and workforce housing, pool programs, new financial structures and programs and applications of Public Finance Authority (created in Wisconsin to finance any type of project or program in any state or territory).
Some of those new financial structures and programs have included pension obligation bonds, variable rate lease financing, and, more recently, joint powers authority ownership structure (turning private activity projects or projects not generally eligible for tax-exempt financing into tax-exempt governmental purpose bonds; for example, for middle income workforce housing), and energy and other infrastructure as a service (P3, simplifying procurement, off balance sheet).
Responsibility for legislation crucial to the scope and operation of California public finance, including California Health Facility Financing Authority, California School Finance Authority, changes to joint power authority law that helped propel California Statewide Communities Development Authority and California Municipal Finance Authority into two of the most prolific issuers in the country, local agency refunding law, authorizations for swaps, investment agreements and other derivative products, creation of security interests, streamlining validation actions, and in several other states including Hawaii and creation of Public Finance Authority in Wisconsin.
Chair of Orrick’s Public finance department for several decades through 2020, during which he presided over the growth of the department from one office with 12 lawyers in San Francisco to 10 offices and over 100 lawyers and paralegals around the country, consistently ranked (for more than 2 decades now) as number one bond counsel and disclosure counsel, and within the top four underwriter counsel, for bonds issued by state and local governments throughout the United States. During this period, he also held a number of other leadership positions at Orrick, including several terms on its Executive Committee and on the Management Committee of Orrick’s wholly owned subsidiary, BLX Group, LLC (providing the public finance community with a variety of non-legal services).

In addition to his selection by The Bond Buyer for its Public Finance Hall of Fame, Roger is ranked Band 1 by Chambers, and as Acritas Star Lawyer by Acritas, as Dealmaker of the Year (twice) by American Lawyer, as “best,” “super,” “most honored,” “preeminent” or “lawyer of the year” by several other publications, and declared “the Bond King” in a cover article by California Lawyer.

Patricia L. Eichar Partner, Public Finance

Portland; Sacramento

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D:+1 916 329 7917
E: [email protected]

Practice:

Finance Sector
Public Finance

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Patricia L. Eichar Partner

Portland; Sacramento

Ms. Eichar has represented issuers, underwriters and borrowers in taxable and tax-exempt municipal financings for health care organizations, senior living communities, and other types of 501(c)(3) organizations. In addition, Ms. Eichar has represented various municipal issuers, including the State of California, in the issuance of general obligation bonds, deficit bonds, revenue anticipation notes, lease revenue bonds, enterprise revenue bonds, pension obligation bonds and land-secured bonds, and in municipal lease and redevelopment financing.

As disclosure counsel to myriad public agencies, Ms. Eichar advises on matters including the content of primary offering documents as well as continuing disclosure filings.

In addition to her work in municipal financings, Ms. Eichar has taken on multiple pro bono projects, including prosecuting guardianships for Sacramento's Voluntary Legal Services Program and assisting veterans with appeals of denial of disability benefits before the Board of Veterans Appeals.