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Stockton Bankruptcy: City Would Be Largest In American History To Declare Bankruptcy Feb 23, 2012

 

Stockton Bankruptcy: California City Would Be Largest in American History to Declare Bankruptcy (Huffington Post) Feb 23, 2012

 

The Central Valley city of Stockton of may become the next California municipality to follow in the steps of Vallejo and Orange County and file for bankruptcy.

Stockton's City Council is likely to vote next Tuesday on whether to default on some of its bond obligations and make the first moves toward becoming the largest city in American history to declare Chapter 9 bankruptcy.

Bloomberg reported:

City Manager Bob Deis has told council members that he intends to put an item on their agenda for a Feb. 28 meeting that would ask them to approve mediation with creditors as the first step required under a new state law before the city can seek bankruptcy, according to the person, who wasn’t authorized to speak about the matter because it is still confidential.

Deis also will ask the council to agree to default on municipal bonds beginning March 1, to suspend cash payments to employees who’ve accumulated unused vacation and sick leave, and to begin an investigation into the causes of the city’s fiscal issues, the person said.

The item isn't listed on the council's agenda for Tuesday's meeting; however, The Stockton Record reported the impending bankruptcy decision became an open secret this week when The Downtown Stockton Alliance's board of directors openly discussed the city's bankruptcy timetable in a public meeting.

Sitting on the banks of the San Joaquin river, Stockton was among the hardest hit cities in the country by the housing bust--only Las Vegas has a higher rate of foreclosures. Home prices in the city tripled between 1998 and 2005, swiftly cratering back to Earth in the years since the housing bubble popped. The result was an over 25 percent reduction in property tax revenues flowing into city coffers.

Stockton's budgetary deficit is estimated to be somewhere in the neighborhood of $35 million.

The city's dire economic forecast, combined with its sky-high crime rate, earned it the top spot on Forbes's list of the Most Miserable Cities In America two out of the past three years.

Local labor leaders have decried the move, arguing that declaring bankruptcy will only make Stockton's situation worse. "If any municipality declares bankruptcy, whether it's Stockton or anyone else, what really doing is sealing their own economic death warrant, because it makes it that much harder to dig out of an economic hole," California Professional Firefighters Union spokesperson Carroll Wills told Stockton's ABC-10 News.

Stockton has already made deep cuts to its budget in a effort to shore up its finances--$18 million in cuts to fire and $13 million to police last year alone; however, those measures appear to not have been sufficient to balance the city's budget.

Stockton's bankruptcy would be the test case for a new union-backed California law enacted last year making it more difficult for cities to declare bankruptcy. The law requires municipalities within the state to declare a fiscal emergency or participate in a 60-day mediation process with creditors before seeking bankruptcy protection.

Stockton has already declared two fiscal emergencies in the past few years, most recently last May. Fiscal emergencies give municipalities the ability to largely disregard labor contracts with public employee unions and unilaterally readjust levels of salaries and benefits—something particularly important in a city like Stockton where police and fire costs comprise over 75 percent of the overall general fund budget.

According to an article in the California Public Law Journal, Stockton used its fiscal emergency powers to freeze the automatic police and firefighters and took one fire tuck out of service.

One pitfall Stockton is hoping to avoid is having to shell out millions of dollars in legal fees for itself and its creditors. Vallejo spent $11 million on legal fees during its protracted, high-profile bankruptcy; Stockton is three-times the size of Vallejo and presumably its bankruptcy would be significantly more complicated and costly to litigate.

Deis will be giving a media briefing regarding Stockton's finances on Friday morning.

http://www.huffingtonpost.com/2012/02/23/stockton-bankruptcy-biggest-in-american-history_n_1298055.html

 

 

VIDEO: City of Stockton, California to Pursue Bankruptcy? (Tim Daly / ABC News 10)

 

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Municipal Bond Holders Seek Governmental Transparency on Pension Debt (Dave Roberts / Fox & Hounds)

 

  Contributing editor to CalWatchDog and long-time Bay Area newspaper reporter   Thursday, February 23rd, 2012

Once upon a time buying a municipal bond was considered a safe bet. A decent rate of return with little risk ­– just the thing for junior’s college fund and grandma’s retirement account. But that was before Standard & Poor’s downgraded the U.S. government’s credit-worthiness, sending shock waves through the bond markets. And before governmental agencies increasingly defaulted on loans and threatened or declared bankruptcy, converting safe securities into junk.

That’s potentially a lot of junk. Investors hold nearly $3 trillion of municipal debt in the United States. One of those investors receiving a wake-up call is Irv Siminoff, a World War II veteran who served in the Pacific Theater and began investing in municipal bonds in the early 1980s to provide a stable income for his son’s tuition at Stanford.

“I started out investing in Wall Street right out of college, and in those days things were pretty calm,” he told the Securities and Exchange Commission at a hearing last year in San Francisco. “One could get 5 to 6 percent in dividends and could reasonably expect maybe a 5 to 10 percent annual return from the underlying corporation. In addition to income from my equity portfolio and my growing business, muni bonds seemed like an ideal, good security, a given income and investment return at some time in the future at a scheduled date. Boy, was I naive.”

His first municipal bond investment was in the Washington Public Power Supply System. It was not insured, but, he said, it “looked really safe. What could be better than revenue from power?” He wound up losing half of hismoney after delays, cost overruns, mismanagement and political opposition to nuclear power resulted in WPPSS defaulting on $2.25 billion in construction bonds. Investors and the public were largely kept in the dark about the problems. Siminoff was luckier than some investors who only received 10 cents on the dollar.

While Siminoff was naive at the outset, even sophisticated investors can suffer from insufficient knowledge about the risks in these supposedly safe investments. Peter Kuhn, a former accountant for Price Waterhouse whose wife calls him a “municipal bond geek,” bought from a professional trader a general obligation bond issued by the Hayward School District, getting a very good yield. “However, Hayward is having some financial challenges, and their certificates of participation were just downgraded to nearly junk, if not junk status,” he said.

“The municipal securities market lacks many of the basic investor protections that exist in most other sectors of our capital markets,” said Andy Gill, senior vice president at Charles Schwab. “It is time for this circumstance to change, beginning with an improved disclosure regime that will boost investor confidence and improve access to information about the municipal securities market. Financial reporting by municipal issuers can take up to 270 days to reach an investor.”

Institutional investors have an advantage because they are exclusively treated to investor road shows in which bond issuers may provide financial information that never appears in financial statements, according to Mary Colby, representing the National Federation of Municipal Analysts. But they share the complaint about being kept in the dark.

The situation is even worse in the secondary market in which bonds are resold; for example, Chicago takes 13 months to file its financial information. A lot can go wrong financially for a government agency in the meantime.

A lack of transparency and deceptive practices were unveiled in the Los Angeles Community College District’s $140 million bond construction program. An audit by State Controller John Chiang released in August 2011 concluded that the district “could not produce complete and timely records, spent funds outside voter-approved guidelines, ignored its own procurement rules, failed to plan effectively, and provided poor oversight of bond funding. Shoddy fiscal management and sub-par oversight of a project of this magnitude will undermine the public’s trust and threaten billions of public dollars.”

But to listen to the government representatives at the SEC hearing, you would not think there was any problem. They argued that, as public entities, they are even more transparent than private corporations.

The problem actually may be much worse, given the under-reporting of unfunded pension and retirement health care liabilities for state employees. Taxpayers may be on the hook nationwide for more than $2.5 trillion in pensions, according to David Crane, an economic advisor to former Gov. Arnold Schwarzenegger, with perhaps $500 billion of that in California alone.

“State and local governments utilize a misleading method for reporting the size of public pension obligations,” said Crane, calling it “the Alice in Wonderland world of government pension accounting that allows governments to hide liabilities.”

“California wasn’t alone in this regard,” Crane told the SEC. “Unrealistic reporting of pension promises is a systemic problem. That’s why the SEC must require realistic accounting of public pension promises. For that to happen it must insist upon a realistic discount rate when reporting pension liabilities.”

http://www.foxandhoundsdaily.com/2012/02/chapter-4-bond-holders-seek-governmental-transparency/

 

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Bankruptcy: The Road Ahead (Chriss Street / FlashReport)

 

Chriss Street February 23, 2012

 

 

Up through September 2011, Wall Street underwriters, bond counsels and other assorted securities industry camp followers were gloating over the supposed failure of predictions in late 2010 by Meredith Whitney and me that there would be a coming surge of state and local bond defaults.  These camp followers had been hitting the public airways to crow there were only 24 municipal defaults in the first half of 2011. That was down from 60 defaults in the first half of 2010. And it was down substantially from the 144 defaults in the first half of 2009.
 

But all the giddy glee state and local government were exempt from the Great Recession came crashing down on Oct. 12, 2011 when the city of Harrisburg, the state capital of Pennsylvania, filed the second largest bankruptcy in U.S. history with more than $500 million in liabilities. And on Nov. 8, 2011 when Jefferson County, Ala., filed the largest bankruptcy in U.S. history with more than $3.1 billion in liabilities.
 
Most Americans cannot fathom that state and local governments in 2011 spent $2.89 trillion and commanded 20 percent of the American economy. To fund this muscular economic intervention, municipalities collected $2.62 trillion in revenue and borrowed hundreds of billions of dollars by selling municipal bonds to the public.  Over the last 10 years, the outstanding amount of municipal bonds more than doubled from $1.197 to $2.8 trillion.
 
Then there’s debt. According to a June 25, 2011 report by James E. Spiotto, “The debt of state and local governments has more than doubled in the last 10 years, from $1.197 trillion in 2000 to $2.8 trillion at the end of 2010. (Some [Citicorp] contend that the market is actually $3.7 trillion with individual holders being $1.8 trillion [rather than $1 trillion] or 50 percent of the market but hard to verify.)
 
“This does not include over $1 trillion of unfunded pension liabilities and in addition OPEB liabilities over $200-300 or more billion plus the needed debt financing over the next five years to bring infrastructure up to acceptable standards of $2.5 trillion.”
 
Add it all up, and municipalities look like subprime borrowers.
 
The municipal bond industry has always screamed that a bankruptcy filing will deny municipalities any access to borrowing.  But given that over-barrowing by state and local governments is the primary risk for default, this is just seen to be the cost of tough love.
 
Historically, the results of Chapter 9 bankruptcy filings seem beneficial to municipalities and their taxpayers. Orange County, Calif., filed in 1994 after losing $2 billion in speculative investing.  After county supervisors tried and failed to convince voters to raise taxes, the county issued layoffs to 4,000 employees (20 percent of staff). And it collected $600 million in a legal settlements from Merrill Lynch, KPMG and others. Surveys demonstrated that most residents could not identify any lower levels of service and today the county has a stellar AA credit rating.
The city of Vallejo filed for bankruptcy in 2008 after being overwhelmed by municipal bond debt, high wages and pension liabilities. After cutting police and fire by 50 percent, the city discounted $500 million in bond debt and other claims for $6 million.
 
The day after Harrisburg filed bankruptcy, the Jefferson County, Ala., sewer district board met to consider filing Chapter 9. After defaulting on $3.14 billion in municipal sewer district bonds, JP Morgan had already offered $647 million to settle bribery charges. But even after the settlement, the district would still need to permanently raise local sewer bills from $63 to $395 a month to pay off their municipal bond debt.
 
When the county's bankruptcy lawyer, Ken Klee, was asked by Alabama lawmakers what would be the negative if the sewer district filed for bankruptcy, he could not see a negative for the sewer district, but he did believe it “would be like Chernobyl” for other districts’ bond ratings in Alabama. But since the bankruptcy filing, high credit quality issuers in Alabama have already sold billions of new municipal bonds to investors.
 
State and local governments have been living in a fantasy world where borrowing money was deemed a responsible way to operate huge organizations. Wealthy local individuals fed that fantasy by lending irresponsible amounts of money to bureaucrats.
 
The bottom line for over-indebted and over-taxed municipalities is they need to stop borrowing money. If they are insolvent and need to consider filing for Chapter 9 bankruptcy, the key question they ask is: “Are we better off continuing as debt slaves?” The answer will be usually be no.

Street was treasurer of Orange County, Calif. and blogs at Chriss Street And Company. His recent book is, “The Third Way: Public-Sector Excellence Through Leadership and Cooperation”

http://www.flashreport.org/featured-columns-library0b.php?faID=2012022309261371

 

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Of Public Pensions and Judges' Rulings (blog - Eileen Norcross / Public Sector Inc)

 

 

|    publicsectorinc.com

 

Stateline reports that districts courts in Arizona and New Hampshire have ruled that pension reform requiring higher contributions from employees are unconstitutional.

Maricopa County Superior Court judge Eileen Willet, argues, "The state has impaired its own contract...By paying a higher proportionate share for their pension benefits than they had been required to pay when hired, [state workers] are forced to pay additional consideration for a benefit which has remained the same."

 

Other states where pension modifications are being challenged by unions include Florida, Nebraska, and New Jersey. As the article notes this may be one reason why states tend to pursue the path of least resistance (and least fiscal impact): changing benefits only for new hires. 

 

The extent to which the terms of a pension formula are protected depends on how statutes are written. In Arizona the constitution states that upon hiring, public employees enter into a contract with their employer and agree to split the contributions to the pension plan 50-50. Arizona's move to increase the employee share to 53 percent runs afoul of this provision according to Judge Willet. New Hampshire's constitution is not this explicit. The court bases its ruling on previous case law that forbids the state from contract impairment.

 

These rulings point to the unpredictable future of pension reform. Where states and local governments continue to be constrained by actions that prevent pension plans from being modified for current employees the options left are equally painful: layoff workers, raise taxes, issue debt. There is also the "soft bailout" scenario, considered by Michael Greve. That road, he argues, leads the U.S. to devalued pensions and an Argentinian future. 

 

http://www.publicsectorinc.com/forum/2012/02/of-pensions-and-judges.html

 

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Disability Pensions Allow Some St. Louis Firefighters to Collect While Working Elsewhere (Jeremy Kohler and David Hunn / Post-Dispatch)

 

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Illinois Has Nearly $200 Billion in Debts and Unfunded Obligations; No State Is in More Dire Shape (editorial - Chicago Tribune)

 

 

 

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Corporate Pension Plans Ready to Seek More Relief From Congress (Hazel Bradford / Pensions & Investments)

 
By Hazel Bradford  Published: February 22, 2012

Executives of corporate defined benefit plans who've gone to Congress before to seek funding relief are preparing to make another request.

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The latest bid is spurred by the effects of the Federal Reserve's low interest-rate policy, which has led to soaring pension liabilities.

On Jan. 25, Federal Reserve officials announced their decision to keep the federal funds rate at what they acknowledged are “exceptionally low levels” of zero to 0.25% at least through late 2014. The prospect of three more years of flat federal fund rates has pension plan sponsors gearing up to ask Congress for relief from soaring corporate pension liability calculations driven by those rates.

Employer groups are working on proposed legislation with two main elements — to allow segment discount rates to be based on average interest rates of the preceding two years, as long as the segment rate is within 10% of a preceding 25-year average; and to lengthen amortization periods for unfunded shortfalls of plans between 80% and 100% funded to 15 years from the current seven-year time frame.

According to an analysis by the American Benefits Council, Washington, the seven-year amortization periods dictated by the Pension Protection Act of 2006 were appropriate when it passed in 2006, “but the last few years have opened everyone's eyes to the dramatic volatility that is possible with respect to funding obligations and the markets. Seven-year amortization created unmanageable obligations following the 2008 downturn and is threatening to create even more unmanageable obligations for 2012 and subsequent years. If the PPA's amortization period has created multiple severe problems in just a few years, we need to learn from that.”

Pension executives are worried enough now to at least plant the idea of funding relief before a Congress distracted by federal budget deficits and upcoming elections. They've been there before: Past efforts were caused by funding constraints and interest rates dictated by the PPA that were exacerbated by the financial crisis, forcing companies to make tough choices with their limited cash.

While a few legislators are sympathetic, legislative aides say it will take awhile to build the pension funds' case.

An opening bid for attention came at a Feb. 2 hearing of the House Subcommittee on Health, Employment, Labor and Pensions. “The actions by the Fed to control interest rates potentially put a significant near-term burden on sponsors of defined benefit plans, something that the Fed has acknowledged,” testified Gretchen Haggerty, executive vice president and CFO for United States Steel Corp., Pittsburgh. Ms. Haggerty also chairs the U.S. Steel and Carnegie Pension Fund, Pittsburgh, which had an estimated $6.475 billion in assets as of Sept. 30, according to Pensions & Investments data.

Pension plan executives calculate their liabilities by discounting projected future payments to a present value based on corporate bond rates tied to the Fed rate. That bond rate is dictated by the PPA, which requires plans to use an interest-rate yield curve to get the rate for calculating pension liabilities and minimum funding requirements. The liability rate is inversely proportionate to the interest rate — the lower the rate, the higher the liability and funding demands.

“Plan sponsors need more predictable funding requirements for budgeting purposes and for managing cash flow,” Deborah K. Forbes, executive director of the Committee on Investment of Employee Benefit Assets, Bethesda, Md., wrote in an e-mail. Members of CIEBA, which represents more than 100 of the largest U.S. corporate pension plans with a combined $1.5 trillion in defined benefit and defined contribution plan assets, “want to fund their plans responsibly but, with interest rates being kept at artificially low rates, plan funding obligations are overstated.”

The low rates “are creating an artificial funding crisis,” agreed Ken Porter, a former chief actuary of the E.I. DuPont de Nemours & Co., Wilmington, Del., and former director of the American Benefits Institute, Washington. Mr. Porter told the House subcommittee members that, contrary to the Federal Reserve's objectives for stimulating the economy, the increased funding demands from lower interest rates threaten to divert money from job creation and tax revenue into pension funds that “will be vastly overfunded in a few years when interest rates return to normal.”

For a typical pension plan, Mr. Porter said, the effective interest rate required by law has dropped roughly 70 basis points since 2011, pushing liabilities up 10%. For a plan with $7 billion in liabilities, that creates a $700 million shortfall that forces the company to put an additional $119 million into the plan for each of seven years, even while benefit payments have not changed.

Proponents stress that it is not funding relief that they seek, but rather “funding stabilization.” Their strongest argument is jobs. U.S. Steel's Ms. Haggerty said her company's capital investment program calls for spending $1 billion annually in 2011 and 2012 on new facilities that would create thousands of jobs and boost the local economy, but those investments “could take a back seat to our pension funding demands in this current low interest rate environment.”

Speaking for her company and as a member of the ERISA Industry Committee, Washington, Ms. Haggerty warned that without congressional action, “the economy will continue to disappoint and underperform.”

Ms. Haggerty noted that in 2009, while the company lost $1.4 billion, cut costs and idled five steel plants, “we still made a $140 million voluntary pension contribution.” That made the plan 101% funded, but “if we had used today's exceptionally and artificially low interest rates resulting from Federal Reserve policy,” it would have been only 85% funded.

The key argument for funding relief they have is that fewer tax-deferred dollars going into pension fund coffers means more tax revenue for the U.S. Treasury, with some estimates as high as $10 billion.

Between asset losses and higher unfunded liabilities, pension plans are getting hit from both sides, Jon Waite, director of investment management for the institutional group at SEI Investments Co. in Oaks, Pa., said in an interview. “The (Fed) put the pension sponsors in a very difficult position. To hedge out the interest rate has become extremely difficult.”

That reality is starting to get sympathy on Capitol Hill, where a Senate proposal to stabilize pension funding rules was recently added to a fast-moving highway funding bill. Sen. Tom Harkin, D-Iowa, who chairs the Senate Committee on Health, Education, Labor and Pensions “is committed to making sure pension funding rules are working well,” said an aide who did not want to be identified.

— Contact Hazel Bradford at hbradford@pionline.com

http://www.pionline.com/article/20120222/REG/120229979/corporate-pension-plans-ready-to-seek-more-relief

 

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OPEB Made Easier

A new set of best practices for 'other post-employment benefits'

It has now been seven years since the Governmental Accounting Standards Board began to put "other post-employment benefits" (OPEB), such as retiree medical benefits plans, into the footnotes of state and municipal financial reports. Since that time, only a handful of governmental employers have taken the next logical step and begun to fund these liabilities like a pension plan. Most still "pay as they go" by budgeting only enough money each year to pay the immediate bill for the retirees. They fail to sock away money for the benefits earned this year by the current employees.

There are many reasons for this procrastination. The best excuse of course was the Great Recession of 2008 — which wiped out any revenue surpluses that might have been devoted to funding OPEB properly for the first time. Before that, budget money was actually available from the bubble-year economies in 2006 and 2007, but nobody took OPEB seriously and politicians preferred to start new programs, raise salaries and hire new employees, instead of making a down payment on past-due retirement medical benefits.

Labor statistics show that state and local payrolls actually expanded into mid 2008, even when the recession had already begun to shrink revenues. Obviously nobody was ever elected on a campaign to fund OPEB properly. Then there was the "national health care" smokescreen, as if anybody actually believed that the federal government would ever have enough money to pay for state and local government retirees' medical benefits. And now, after the Great Recession ended technically in the spring of 2009, the recovery has been so anemic that there haven't been surging revenues and surprise budget surpluses like we used to experience in the "V-bottoms" of prior business cycles. Many states and localities are still cutting their employment levels with job freezes and attrition, even though the U.S. is approaching the third anniversary of the end of the recession. There are many competing claims and priorities for any new money that might be used to fund OPEB plans properly. Will those be just more excuses?

It's time to face the music. As the U.S. economy slowly gets back on its feet, responsible leaders must look forward in time to the next recession, and realize that if OPEB funding is not initiated sometime soon — before the advocates of discretionary spending regain their moxey — the hole we're digging will only be deeper at this stage in the next cycle.

Since 2007 when national analysts at Credit Suisse first estimated the total unfunded OPEB liabilities of state and local governments at $1.5 trillion, those liabilities have grown by an estimated 7 or 8 percent annually. That growth is in line with medical cost inflation plus the aging of the workforce, so the total liabilities today probably exceed $2 trillion. Unless the employer has taken steps to mitigate benefits costs, the typical OPEB plan's liabilities have grown by 40 to 50 percent in the past 5 years. The hole is getting deeper every year and relatively few employers have stopped digging it deeper.

Some politicians have wishfully claimed that they could walk away from their promises, and simply renege on the OPEB obligations in one way or another. But as the California Supreme Court has now held, there is frequently an implied contract binding on employers who adopted these benefits by official actions such as ordinances and resolutions. That doesn't mean that the benefits can't be abridged in federal court upon showing of necessity under financial distress with a reasonable plan to share the burdens and provide a reasonable replacement benefit. But, it's highly unlikely that very many public employers will be able to walk away from their OPEB obligations once their budgets have stabilized.

The reality is that these liabilities are not going away. That leaves the last line of defense to the procrastinators: "It's too complicated and you have to set up a trust which could make the liabilities even harder to change." Again, it's another smokescreen to avoid biting the bullet.

Fortunately, the Government Finance Officers Association (GFOA) has stepped up to the plate with a new guidance document providing best practices to public employers seeking to establish an OPEB trust. This primer covers the basic questions that most public officials and managers will face, outlines the basic legal options and pitfalls, explains in simple terms the paths available and the pros and cons of each, and directs readers to literature in the field to help support sound decisionmaking. Any finance officer can start with this roadmap and easily chart a course to implement a trust within six months.

GFOA is unequivocal that once a clear and substantial liability is determined to exist, the wiser course of action is to establish an OPEB trust and begin pre-funding, just like a pension plan. Their guidance helps beginners understand the proper roles of custodians, investment advisors, administrators and other parties to an OPEB trust, and very importantly, why and how these differ from the traditional governance structure of a pension plan. For example, there may be no rationale for employee membership in an oversight body — especially when the employer makes all contributions. In fact, some OPEB trusts provide extensive outsourcing of most governance and investment functions, although GFOA takes note that employers should always establish an oversight capacity and accountability to monitor the results and operations.

You may use or reference this story with attribution and a link to
http://www.governing
.com/columns/public-money/col-OPEB-other-post-employment-benefits-Made-Easier.html


http://www.governing.com/columns/public-money/col-OPEB-other-post-employment-benefits-Made-Easier.html