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alcibiades_mystery

(36,437 posts)
27. The point is not that protection of the pensions is absolute
Sun Jul 21, 2013, 09:10 AM
Jul 2013

but rather that pensions take priority over bondholders, which is a different point altogether. The article you cite contemplates a reduction in pension benefits due to the bankruptcy. That's possible, to be sure. Whether a federal bankruptcy court can determine that payouts to bondholders take priority over the pension contracts is another question, and one not addressed in the cited article (for good reason: they cannot, except through gross violation of the state constitution).

Bankruptcy requires pay outs in tiers, or rather, cuts off debt in tiers. If you are on the lowest tier, you'll get nothing, next highest, maybe pennies on the dollar, etc. The Michigan constitution simply says that pensions are on a higher tier than debt securities when it comes to determining bankruptcy payments (or cessation of payments). So, pensions might lose some value in the bankruptcy, but that cannot lose value because bondholders gain value. Pensions take priority, but that doesn't mean that they're absolutely protected from bankruptcy judgments.

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Silly prole, promises are only for the 1% n2doc Jul 2013 #1
When people wake up to this fact, maybe thngs will start to change. (nt) enough Jul 2013 #10
How will they wake up abelenkpe Jul 2013 #58
And there you go. This is it in a nutshell.... socialist_n_TN Jul 2013 #52
The pensions were part of the pay. JDPriestly Jul 2013 #76
Yep, that is it exactly. Those pensions that the state is trying to renege on..... socialist_n_TN Jul 2013 #93
sorry to say sweetapogee Jul 2013 #113
except the state is not the security for a city debt ceonupe Jul 2013 #94
And what kind of "more sustainable" system would that be? JDPriestly Jul 2013 #121
+1 Blue_Tires Jul 2013 #122
The pension is what he EARNED! Taking it is theft. It's his. He EARNED it. It was part of his pay SharonAnn Jul 2013 #62
Possession is 9/10ths of the law, and the rich can buy the last 10% n2doc Jul 2013 #66
+1 nt Live and Learn Jul 2013 #108
Is this like contribtion to Social Security? question everything Jul 2013 #123
+1,000,000. HiPointDem Jul 2013 #85
+ A billion or so. The bankers couldn't be denied their fat bonus because they'd been promised them, Dark n Stormy Knight Jul 2013 #97
Pension obligations trump bondholders under Michigan Constitution alcibiades_mystery Jul 2013 #2
Thanks for this. I had no idea. Brickbat Jul 2013 #4
Some are trying to slip pension reductions past the constitutional goalie in Illinois, too. Gidney N Cloyd Jul 2013 #15
Constitution may NOT protect detroit's pensions etherealtruth Jul 2013 #22
The point is not that protection of the pensions is absolute alcibiades_mystery Jul 2013 #27
I understand that etherealtruth Jul 2013 #32
Question about this: if pensioners are 'unsecured' creditors, wouldn't their claims take HardTimes99 Jul 2013 #36
ding ding ceonupe Jul 2013 #95
No, protection of pensioners and wage earners remains under the law Yo_Mama Jul 2013 #41
Thank you for more info! etherealtruth Jul 2013 #42
It is up to the bankruptcy judge. former9thward Jul 2013 #54
Only if the Bankrutcy Judge rules the State has agreed to the filing happyslug Jul 2013 #100
I think it is safe to say the state has agreed to this filing. former9thward Jul 2013 #115
No, I believe the Judge is Correct, the State can NOT agree. happyslug Jul 2013 #120
A pension is a deferred payment that, increasingly, was meant to make up for cuts or freezes in Brickbat Jul 2013 #3
Yep. I also said this in the second paragraph of my post #52.... socialist_n_TN Jul 2013 #55
They've been looting our pensions for decades malaise Jul 2013 #5
The feds have been looting Social Security for decades... matthews Jul 2013 #89
Well you see, there's a moral hazard if we take care of individuals TransitJohn Jul 2013 #6
+1 ArcticFox Jul 2013 #43
My liberal sister's ultra conservative husband retired from the air force and then from djean111 Jul 2013 #7
Sometimes I think that conservatives can't be reasoned with... ananda Jul 2013 #24
unfortunately they don't get it until it directly affects them. ejpoeta Jul 2013 #38
Contracts with workers are disposable in the dictatorship of capital.... socialist_n_TN Jul 2013 #56
Your bolder sentence is the key take away JustAnotherGen Jul 2013 #8
Yup, that doesn't work out so well.... Historic NY Jul 2013 #18
I'm amazed how many even in the middle and low end of the 99% support screwing pensioners. Gidney N Cloyd Jul 2013 #9
+10000 - ^^ This Guy Gets It ^^ FreakinDJ Jul 2013 #13
I think it's due to the fact that a lot of people don't get pensions -- so they have no sympathy for antigop Jul 2013 #19
I think that's pretty much right. Jackpine Radical Jul 2013 #26
"How come I don't have a pension like that?" antigop Jul 2013 #33
And the answer is FREE TRADE that passed under these pensioner's watch. nt Demo_Chris Jul 2013 #70
Right. Why don't people understand this? JDPriestly Jul 2013 #86
That, and the money to fund government pensions and benefits... Demo_Chris Jul 2013 #69
Bethleham Steel went belly up about the time my dad retired after 35 years with them. Dustlawyer Jul 2013 #11
This happened to my Aunt when BB&T was bought out. She was 72 when they cut her pension. loudsue Jul 2013 #12
How low can they go newfie11 Jul 2013 #14
Doesn't the federal government warrior1 Jul 2013 #16
The PGBC has been gutted through the years. They can fund pennies on the dollar promised, if that. Brickbat Jul 2013 #17
The PBGC is only for private (not public) sector pensions antigop Jul 2013 #21
That law was enacted when the Studebaker car company went out of business and it was byeya Jul 2013 #30
Which is what I get for posting before coffee. Brickbat Jul 2013 #40
We live in edhopper Jul 2013 #20
IMO, this is war Eddie Haskell Jul 2013 #23
No, it's only war when we fight back.... socialist_n_TN Jul 2013 #57
I meant it as a declaration. Eddie Haskell Jul 2013 #65
I hope to die working on the job because the alternatives don't seem much better nolabels Jul 2013 #73
Yeah, I know you did .... socialist_n_TN Jul 2013 #96
Having the city steal your pension... Bay Boy Jul 2013 #25
don't mtasselin Jul 2013 #28
And those same congressmen... awoke_in_2003 Jul 2013 #64
pukes may be assholes sweetapogee Jul 2013 #114
I've been kind of taunting a right-wing friend with this kind of story. He's brewens Jul 2013 #29
See post 21. Apparently it's not taxpayer funded. nt SunSeeker Jul 2013 #45
Republicans (and Democrats) *have* been going after the PBGC. It's been underfunded and undermined Brickbat Jul 2013 #48
It's time to renege on all politician pensions. CrispyQ Jul 2013 #31
Pensions in Canada are solid. ConcernedCanuk Jul 2013 #34
Why can't we do this? :( SummerSnow Jul 2013 #37
WAR ConcernedCanuk Jul 2013 #49
More like-- it transfers the money... Marr Jul 2013 #74
But if we don't have that military, we can't protect the trade routes that enable our "free trade" JDPriestly Jul 2013 #87
i keep imagining americans as the ones sneaking over the border to get a better life. ejpoeta Jul 2013 #39
This is why laundry_queen Jul 2013 #63
That's how private pensions work but governments are exempt from our pension laws. dkf Jul 2013 #83
Nope - like I said they are solid. ConcernedCanuk Jul 2013 #106
Never think that. It's absolutely untrue. Heywood J Jul 2013 #90
Ontario has protection, AND Canada Pension IS solid ConcernedCanuk Jul 2013 #107
"Ontario has two of the strongest pension protections available in Canada." Heywood J Jul 2013 #111
First of all, CPP is over $1200/month and that's on top of any other pension they may have. ConcernedCanuk Jul 2013 #116
I have two deferred pensions madville Jul 2013 #35
I've never seen golden parachutes cancelled either... n/t EC Jul 2013 #44
Kevin Orr: How much is he making for his role in this? BronxBoy Jul 2013 #46
Student loans are not dischargable but pensions obligations are. SunSeeker Jul 2013 #47
+1 Gidney N Cloyd Jul 2013 #60
+1 gollygee Jul 2013 #61
bs xtraxritical Jul 2013 #50
when you start seeing more of these kinds of people losing their pensions then they southernyankeebelle Jul 2013 #51
I think it is too late..:( Dan Jul 2013 #72
It's heart breaking. southernyankeebelle Jul 2013 #91
Its one thing for businesses to use bankruptcy as a dodge but for the gov't to do it? Peregrine Took Jul 2013 #53
Why is it even legal for people to not participate in Social Security? ShadowLiberal Jul 2013 #59
State and local governments cannot be required to pay into Social Security because duffyduff Jul 2013 #102
Thanks. Learned something new today. (NT) Heywood J Jul 2013 #112
It took me FOREVER to find out the reason why, duffyduff Jul 2013 #118
HUGE K & R !!! WillyT Jul 2013 #67
A pension is merely deferred compensation. marew Jul 2013 #68
Too Big To Fail, versus Too Small To Matter. blkmusclmachine Jul 2013 #71
Precisely. JDPriestly Jul 2013 #75
This message was self-deleted by its author darkangel218 Jul 2013 #77
WHAT?! NO, they aren't! SS is for SS, period! Jeepers. WinkyDink Jul 2013 #78
Yah i didnt know. darkangel218 Jul 2013 #79
I thought all pension plans had a federal protection darkangel218 Jul 2013 #81
Wall St isn't getting paid either. No one is getting paid. There is no money, ergo bankruptcy. dkf Jul 2013 #80
You mean like TARP was our decision as taxpayers? Rex Jul 2013 #104
kick Liberal_in_LA Jul 2013 #82
Sorry, Charlie. This is America, and you're not a bank LittleBlue Jul 2013 #84
Kicked and Recommended! nt Enthusiast Jul 2013 #88
This is what gets me. Heywood J Jul 2013 #92
Hey -all your conservative Repukes that keep screaming about how Marie Marie Jul 2013 #98
Only scumbags go after pensions. blackspade Jul 2013 #99
City of Detroit now up for sale on EBay! zencycler Jul 2013 #101
We know which side the govt always favors. Rex Jul 2013 #103
The city should keep its promise wercal Jul 2013 #105
some more equal than others deancr Jul 2013 #109
Animal Farm! ConcernedCanuk Jul 2013 #117
We all snowball deancr Jul 2013 #119
Just one bonus that one of those crooks on Wall Street deutsey Jul 2013 #110
I just really mstinamotorcity2 Jul 2013 #124
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