UNIVERSITY OF KENTUCKY SENATE ******* Regular Session October 10, 2005 3:00 p.m. W. T. Young Library First Floor Auditorium Lexington, Kentucky Dr. Ernie Yanarella, Chair An/Dor Reporting & Video Technologies, Inc. 179 East Maxwell Street Lexington, Kentucky 40508 (859)254-0568 University of Kentucky Senate ******* ERNIE YANARELLA, CHAIR GIFFORD BLYTON, PARLIAMENTARIAN REBECCA SCOTT, SECRETARY TO SENATE COUNCIL ROBYN BARRETT, COURT REPORTER ******* 3 1 CHAIR YANARELLA: I'd like to call to 2 order the October 10, 2005 3 University Senate Meeting. 4 first order of business is approval 5 of the minutes of the October 3rd 6 University Senate Meeting, a Special 7 Senate Meeting that brought the 8 President to us to offer a view on 9 the state of the university. Our Are 10 there any corrections or 11 recommendations that need to be made 12 of the minutes for the last Senate 13 meeting? 14 minutes stand as approved. 15 announcement that I have is to 16 elaborate just a little bit on my 17 comments of a few minutes ago 18 regarding our microphone problems. 19 We usually have that shotgun 20 microphone that is entirely 21 adequate, not only for the taping of 22 the presentation but also for the 23 transcribing of the meeting itself. 24 That microphone is broken, and we 25 have two wireless microphones, one There being none, the The only 4 1 which Michelle is holding and I 2 believe Kyle, who is doing double 3 duty here as a guest of ours as the 4 president -- as Chair of the Staff 5 Senate and also who is holding the 6 wireless microphone to my right. 7 When you are acknowledged to speak, 8 would you please wait until 9 the wireless -- one wireless 10 phone -- microphone is delivered to 11 you so that you can speak into it 12 and assure that your comments will 13 be duly recorded. 14 announcements at this time, and I 15 would like to turn to the next 16 agenda item, which is the Provost 17 search update. 18 is the Dean of the Graduate School 19 and is Co-Chair of the Provost 20 Search Committee. 21 presenting to us an update on that 22 search. 23 heels of a meeting with Korn/Ferry, 24 an executive search firm, 25 representatives that took place last We have no other Jeannine Blackwell She will be This update comes on the 5 1 month. 2 are part of the faculty 3 representative bodies had an 4 opportunity to meet with them and to 5 put forth our concerns, as did other 6 individuals. 7 looking forward to an update and to 8 let us know where we stand and where 9 we might be going over the next few 10 11 A number of individuals who Jeannine, we are months. BLACKWELL: Thank you, Ernie. I first 12 want to thank the Senate for giving 13 us the opportunity to come and give 14 you a brief update on where things 15 stand right now, but above all to 16 give you-all an opportunity for 17 giving us, that is the search 18 committee, some input into your 19 ideas about the qualities and 20 experience that you want us to be 21 looking for in Provost candidates. 22 Right now in the search, we're at 23 the point where the pool is almost 24 completely built. 25 the committee will receive the This coming week, 6 1 applications from Korn/Ferry. This 2 will be this coming Friday, and we 3 are going to then -- at the time 4 that we receive these, I'm going to 5 give the search committee some extra 6 input from campus from the various 7 venues that we -- where we have met 8 with constituencies on campus and 9 received more ideas and input about 10 the search itself and the kind of 11 qualities that people want to see in 12 the Provost and, above all, the 13 kinds of qualities that they want us 14 to emphasize as important. 15 are in addition to those qualities 16 and characteristics and 17 qualifications that we had listed in 18 the initial job description. 19 met with the President's Commission 20 on Women. 21 forum for anyone from faculty, staff 22 or students who wanted to come and 23 meet with us; that is, with the 24 search committee separately. 25 course, several of you were involved These I've We had a public open Of 7 1 in one constituency or another or in 2 an open forum with the 3 representatives of the search firm, 4 Korn/Ferry International, when they 5 were here on campus. 6 had a series of meetings and 7 possibilities for people to give us 8 input. 9 have emphasized at those meetings, And so we've Among the things that people 10 which were attended by a quite small 11 number of people, among those things 12 that were emphasized again and again 13 was an emphasis on undergraduate 14 education and the sort of liberal 15 arts core of the university. 16 came to the fore very often in the 17 things that people encouraged us to 18 care about and to think about. 19 Another thing that they reiterated 20 that the search committee itself is 21 very, very concerned about and 22 wanting to see in Provost candidates 23 is a kind of transparency in 24 processes, in ideas, in leadership, 25 a collaborative spirit in the That 8 1 leadership style that this person 2 exhibits, someone who has a strong 3 sense of academics, an 4 understanding -- deep understanding 5 of academics and the ethical 6 implications of the work that we do 7 in the deepest sense. 8 are some of the things that people 9 have been emphasizing to us as we've And so those 10 held these meetings with various 11 constituencies. 12 a strong recommendation from many of 13 our constituents here on campus that 14 we build a diverse pool. 15 although I have not seen the 16 applications myself, I am told that 17 the search firm people are very 18 happy with the way that the pool has 19 developed, that it's a very strong 20 pool and it's a numerous pool and 21 it's a very diverse pool. 22 very pleased to hear that that was 23 the case, that many people think 24 that the University of Kentucky is 25 in a position to move on to great There has also been And And I was 9 1 and good things and that this is a 2 job that, given the national pool of 3 jobs at this level, is a very -- is 4 seen very positively by many 5 candidates. 6 news. 7 now to move into this search fairly 8 quickly now that our President's 9 future and the contractual So that's all very good I think that we're positioned 10 relationship between the President 11 and the Board of Trustees and the 12 university is now set for some time 13 to come, that that gives a kind of 14 stability at the top that I think is 15 very, very crucial for this search, 16 because that relationship between 17 the President and the Provost is one 18 that is clearly a close working 19 relationship and one that's 20 necessary to have a certain degree 21 of stability. 22 know met with many of you-all, but 23 what I would like to do now is first 24 acknowledge everyone in the room who 25 is a member of the search The search firm I 10 1 committee -- there are several here 2 today who are members of the search 3 committee -- and then possibly open 4 the discussion up to your comments 5 and questions about how the search 6 committee is going to proceed and 7 just a little bit about the time 8 table. 9 everyone who is a member of the So first I'd like for 10 search committee, if you-all would 11 please just stand, because I can't 12 recognize you in the pack. 13 Bob Wiseman at the back of the room 14 and Mike Reid here at the front, and 15 I guess that's it for the search 16 committee. 17 search committee. 18 15 people that are members of the 19 search. Is Ernie here, Ernie 20 Bailey? And Ernie is your 21 representative, the representative 22 from the Senate Council and the 23 University Senate on the search 24 committee. 25 that we will be meeting for the We have It's a quite large There are about The time table is such 11 1 first time next week to start 2 cutting down the list and getting to 3 a short list. 4 be further scrutinized by the search 5 firm. 6 checks, looking for dirty laundry 7 and skeletons in closets, and after 8 that we will move to some further 9 investigation at an off-campus site Then that list will We'll do deep background 10 with a selected number of those 11 individuals. 12 sending forward our list to the 13 President. 14 names, nonranked, and we'll see if 15 we can do what the President asks. 16 So that's it. 17 and see if any of you-all have 18 comments that you would like for me 19 to pass on to the search committee. 20 CHAIR YANARELLA: Then we will move to He has asked for three Let me just be quiet Okay. As I 21 acknowledge you, would you please 22 indicate your name and wait for the 23 microphone. 24 25 BLACKWELL: Davy. And while that's happening, Kyle standing up reminds me: I'm 12 1 meeting with the Staff Senate on 2 Thursday afternoon, too, so I'll be 3 in a meeting with the Staff Senate 4 as well. 5 JONES: Davy Jones. Jeannine, could you 6 just remind us, I don't know where 7 my e-mail is that was sent out by 8 the President months ago that links 9 to a Web site. 10 11 Where is the Web site at? BLACKWELL: The Web site is right on the 12 Provost page, so www.uky.edu/provost 13 and when you get there, it's the 14 first item: 15 that site we have the job 16 description, the list of committee 17 members, the initial charge, the -- 18 some of the press releases and 19 synopses of the meetings that we've 20 had and also the indication of 21 future meetings. 22 23 24 25 CHAIR YANARELLA: Provost Search. And on Another question? Please identify yourself. BURKHART: Patricia Burkhart from the College of Nursing. Jeannine, I 13 1 just wondered -- you mentioned about 2 off-campus interviews. 3 candidates also come on campus and 4 do presentations/interviews in a 5 broader sense? 6 BLACKWELL: Will the Yes, I'm sure that that will 7 happen, and those campus interviews 8 will probably -- the sort of general 9 procedure for those is to have 10 three, maybe four candidates to 11 actually come to campus for a 12 two-day grueling campus visit where 13 they meet many, many constituencies, 14 do a public presentation, probably 15 about their vision for Kentucky for 16 the future or something like that, 17 many fora with different groups and 18 meeting with key campus 19 constituencies as well as students. 20 And that will probably be -- in the 21 best of all possible worlds, if 22 everything happens the way that we 23 want it to, we might be able to have 24 one of those before Christmas, 25 before the winter break, but I doubt 14 1 it. It will probably be right when 2 we return in the spring semester 3 that we'll have those on-campus 4 interviews. 5 CHAIR YANARELLA: Another question? 6 Going once, going twice, going three 7 times. 8 9 BLACKWELL: And I just want to say that when you see me on campus, don't ask 10 this question. 11 nuts. 12 say: 13 going?" 14 It makes you nervous, but if you 15 just stop asking me, maybe I'll get 16 it done, and I hope I can deliver a 17 good one. 18 It's driving me People come up to me and they "How's the Provost search And it makes me nervous. Thank you. CHAIR YANARELLA: Thank you, Jeannine. 19 We appreciate that. The next order 20 of business relates to the proposed 21 AR relating to Nonresident Fee 22 Committee. 23 here? Suzanne McGurk, is she Suzanne, are you here? 24 McGURK: I'm right here. 25 CHAIR YANARELLA: There you are -- and 15 1 Dave Watt are here representing the 2 committee that put together a draft 3 of a new AR to respond to this 4 particular issue. 5 which will be discussed in just a 6 moment, comes to the University 7 Senate with a positive 8 recommendation from the Senate 9 Council. The draft AR, Dave or Suzanne, I'm 10 wondering if one of you would be 11 willing to just give us a quick 12 synopsis of this, discussing its 13 origins and the rationale for this 14 particular proposal. 15 WATT: 16 McGURK: 17 WATT: 18 McGURK: 19 20 Suzanne, where are you? I'm right here. Do you want to do it? You go ahead and I'll (inaudible). WATT: 21 Very briefly, this AR was revised -- 22 CHAIR YANARELLA: 23 Sorry. 24 25 WATT: Just one second. Very briefly, this AR was revised because we were interested in trying 16 1 to get better control of the process 2 whereby out-of-state students manage 3 to convert themselves into in-state 4 students. 5 back and reviewed the history in 6 various colleges, what you would 7 find is that a disturbing number of 8 students made this transition to 9 in-state status, only ultimately to And I think if we went 10 leave the state of Kentucky. And we 11 felt, in fairness to those students 12 who were in-state residents who came 13 from Kentucky, we wanted to be 14 assured that the process we would 15 use for screening would be, number 16 one, consistent with the rules that 17 the Council on Postsecondary 18 Education provides but also we 19 wanted them to jump through the 20 appropriate hurdles and convince us 21 that they really were intending to 22 take up permanent residence in the 23 state of Kentucky. 24 consequence, we revised the AR, 25 changed the committee composition As a 17 1 slightly, and have put forward the 2 document in front of you. 3 do you want to add anything to 4 this? 5 McGURK: Suzanne, I think that sums it up. I 6 don't have any additions, other than 7 just to say I would be represented 8 at the committee but I would not be 9 a voting member on the committee, as 10 11 the bullets on the front page. CHAIR YANARELLA: Okay. I'd like to 12 make one amendment to the draft that 13 you have before you. 14 University -- the University Senate 15 Council requested that the version 16 that comes to the University Senate 17 indicate quite explicitly, at least 18 two places, that the word "Faculty 19 Senate" be amended to read 20 "University Senate." 21 the third -- fourth line of the 22 second paragraph. 23 at the end of the second sentence, 24 "University Senate," and the 25 following sentence should begin also The So you look at That should read, 18 1 with the words "The University 2 Senate." 3 questions that individuals would 4 like to make with regard to this 5 draft AR? 6 GESUND: Are there any comments or Hans Gesund. Hans Gesund, Engineering. Is 7 there a good reason why you're 8 setting up a separate appeals 9 process instead of going -- using 10 the Appeals Board of the university 11 to handle the appeals from this? 12 CHAIR YANARELLA: I apologize for the 13 cumbersome nature of this, but we 14 will be rewarded in the end with far 15 more accurate transcriptions and 16 tapes of this meeting if we have 17 these. 18 McGURK: Suzanne. We prefer to go with the change 19 in the administrative regulation and 20 have this type of committee, as it 21 kind of mirrors what we do with the 22 undergraduate admission process 23 appeals, and this gives us some 24 consistency with knowing the 25 regulation. The regulation that we 19 1 receive from the Council on 2 Postsecondary Education is fairly 3 cumbersome, and we just thought it 4 would add some consistency to the 5 administration of the policy if 6 people very consistently were 7 familiar with the policy itself. 8 The policy is about six pages long, 9 and it's very legalistic, and it's a 10 bit to undertake to -- to grasp it. 11 CHAIR YANARELLA: Dave, I wonder if you 12 would reiterate a point that was 13 made at the University Senate 14 Council Meeting just a week or so 15 ago in regard to why this is being 16 vetted through to the Board of 17 Trustees. 18 WATT: This must go to the Board because 19 of the Kentucky Revised Statute that 20 basically mandates that whatever 21 process we use be blessed by the 22 Board. 23 CHAIR YANARELLA: Thank you. Other 24 questions? I think the rationale 25 has been made pretty clear and 20 1 explicit, the impetus to this as 2 well. 3 questions, we have a motion on the 4 floor to approve -- to recommend 5 approval of this AR to the board. 6 All those in favor, please indicate 7 by raising your hand. 8 opposed, like sign. 9 abstentions? If there are no other All those Any The motion carries. 10 Thank you, Dave. Thank you, 11 Suzanne. 12 relates to the Retiree Health Care 13 Benefits Committee. 14 who have been members of the 15 University Senate, those of you who 16 have been interested faculty members 17 in this process are aware of the 18 fact that the Tearney Committee is 19 the second committee to grapple with 20 this issue. 21 that explored this issue raised a 22 number of proposals and 23 recommendations that met with 24 significant questioning and 25 resistance within this body. Our last agenda item Those of you The first committee A 21 1 decision was made by the Employee 2 Benefits Committee, I believe, to -- 3 to follow the recommendation of the 4 University Senate and to institute a 5 new committee. 6 chaired by Mike Tearney, and we 7 have, today, before us, two 8 representatives of the Retiree 9 Health Care Benefits Committee, Mike That committee is 10 Tearney and Sean Peffer. 11 would like to give them an 12 opportunity to come down and to 13 offer their thoughts and 14 perspectives on this ongoing 15 process. 16 PEFFER: And I That would be good if Mike was 17 here. Mike and Joey Payne, the head 18 of Benefits, or the person from 19 Benefits on that committee, have put 20 together a presentation. 21 in on putting together the 22 presentation, but Mike's supposed to 23 give the presentation. 24 not different than the one that I've 25 got that we approved before it went And I was Now, if it's 22 1 out, I can start the presentation 2 and see how far we get, but that's 3 up to y'all, or we can take a 4 ten-minute recess and come back and 5 Mike, hopefully, should be here by 6 that time, since it's 3:30 and he 7 was supposed to be here right now. 8 CHAIR YANARELLA: 9 PEFFER: 10 Sean -- Here we go. CHAIR YANARELLA: -- we have implicit 11 trust in you. 12 you carry order. 13 PEFFER: We're happy to have Oh, goody. Have you ever given 14 a presentation you didn't prepare 15 for? 16 was this about this being recorded? 17 Okay. 18 the committee. 19 of the presentation. 20 last time -- how far can I wander 21 from this? 22 I'll stay behind it. This will be good. Mike Tearney is the chair of 23 CHAIR YANARELLA: 24 PEFFER: 25 And what There's the purpose What happened Don't worry about it. Okay. Thank you. What happened last time, at least from my view -- now, my view 23 1 is from the Senate, okay, committee 2 member and a faculty member. 3 was sitting in the Senate one day, 4 and some people came up and stood in 5 front, and one of them was Joey 6 Payne, who I happen to know because 7 I know his sister. 8 and they said: 9 recommending from this committee on But I They stood up This is what we are 10 the health care issue -- most of you 11 were sitting here at that time 12 also -- about retirement health 13 care. 14 care do you get. 15 it before. 16 a committee going on. 17 dense sometimes, anyway, but this 18 kind of just missed me. 19 heard a bunch of things such as: 20 GASB is requiring this. 21 is Governmental Accounting Standards 22 Board, and I happen to be an 23 accountant, an accounting 24 professor. 25 Well, I knew about that, but I After you retire, what health I hadn't heard of I didn't know there was I'm pretty And then I Now, GASB So I kind of thought: 24 1 didn't know it was the cause of all 2 this. And here we go; here's one of 3 them. See how scared they are? 4 Come on down. 5 6 7 TEARNEY: Go ahead. You're doing all right. PEFFER: I'll finish up my thought here, 8 because I'm going -- because I get 9 my two seconds. But I was sitting 10 right back here, and I was dumb 11 enough to raise my hand and go: 12 GASB doesn't say that. 13 something. 14 ago from summer, Mike Tearney calls 15 me into his office and says: 16 are going to be the Faculty Senate 17 Representative on a committee that's 18 going to meet four hours a week, a 19 standing four hours a week, and 20 we're going to look at this issue. 21 And he looked at me and he said: 22 First, before I put you on that 23 committee, I want to know 24 something. 25 and this will come up on a slide, No, And I said And one year ago, a year You There's two things -- 25 1 and he'll cover it, but there's two 2 things we've got to do on this 3 committee. 4 Is there a problem? 5 committee before -- or at least I 6 had never heard that consideration; 7 it was an assumption there was a 8 problem. 9 issue: The first is determine: Because the And I had raised the There is not a problem. And 10 then the second one is: What are 11 some alternatives to handle that 12 problem? 13 If you have a preconceived notion on 14 whether there is a problem, if you 15 think there is and you're not going 16 to consider what we say or you know 17 how to solve it, we don't want you 18 on the committee. 19 close to what you said to me. 20 made my second mistake. 21 No, I don't have a preconceived 22 notion, and I don't have a 23 preconceived notion on the 24 alternatives, so I wound up on the 25 committee. He looked at me and said: That's pretty I I said: What did I learn? Don't 26 1 speak up in Faculty Senate and shoot 2 somebody down or you're on the 3 committee. 4 says, "do you have a preconceived 5 notion," just like if you're being 6 picked for a jury, say yes. 7 want to go ahead and do this part? 8 TEARNEY: 9 PEFFER: 10 11 Second, if somebody Do you All right. Go for it. I was ready. I've got it all written down. TEARNEY: Well, I was just hoping you 12 didn't make things up as you went 13 long. 14 15 PEFFER: I'll sit down here so I can share with you. 16 CHAIR YANARELLA: 17 TEARNEY: 18 Sean, thank you. And did you go over -- have you gone over this one? 19 PEFFER: 20 TEARNEY: Yeah. All right. The one thing -- 21 let me say about this: This is real 22 important. 23 probably more time on process than a 24 lot of people might be interested 25 in. I'm going to spend We see, as we do all these, 27 1 everybody's getting anxious: 2 the plan? 3 like to talk about the process. 4 then this is also very important to 5 us. 6 Jolie is here with me and she's 7 taking notes, will transcribe -- 8 when she gets time will transcribe 9 the notes of the questions, and What's the plan? What's But we And So if you have input to us, 10 we'll distribute them to the 11 committee, because we're going to 12 revisit our tentative 13 recommendations two more times. 14 Joey Payne is here with me to take 15 care of technical questions that I 16 can't handle. 17 this. 18 is the committee. 19 as bad as Sean said in terms of 20 selecting the committee, and I'm not 21 going to go over them. 22 is on our Web site. 23 show you that this is a diverse -- 24 a diverse group, representing as 25 many constituencies on campus as was And Whoops, I guess I do Wrong one. All right. This It wasn't really Everything It's just to 28 1 possible. 2 actually not because of Joey or I, 3 but Sean was nominated as one of a 4 couple of potential candidates from 5 the Senate, and that's the case with 6 many of the people on the 7 committee. 8 very, very hard and I think could 9 make this presentation. 10 And Sean got on here And everyone has worked I don't know why Sean didn't make it. 11 PEFFER: I didn't dress up in a suit. 12 TEARNEY: I got you. Now, this is 13 something I just want to spend a 14 moment on, because this has to do 15 with the decision. 16 or the decision-making process. 17 This is the previous recommendation, 18 and I'm not going to get into what 19 it is or how it is or anything else 20 or talk about the committee. 21 the one thing I want to remind you 22 all of is that the previous -- the 23 previous recommendation had two sets 24 of benefits, and the benefit under 25 the first bullet was perceived and This is the -- But 29 1 in fact actually was perhaps a 2 little bit better than the benefit 3 in the second bullet. 4 as we view it, was not with the 5 recommendation, but there was this 6 line drawn in the sand between the 7 two, and you had to -- you had to -- 8 I almost said "graduate." 9 to retire by December 4 -- by The problem, You had 10 December 31st, '04, to get this 11 benefit. 12 then, then you got this benefit. 13 the committee was fairly conscious 14 of that line being drawn in the 15 sand, and we tried to avoid that as 16 much as possible. 17 that at least our tentative 18 recommendation takes that into 19 account. 20 met with our Executive Vice 21 President Butler in early January 22 and he gave us a charge, if you 23 will. 24 look at the current plan, see what's 25 going on, see what it costs, see If you didn't retire by So And you'll see All right. Phase one, we And the first was just to 30 1 what we think's going to happen, and 2 then look at -- and if we believe 3 that the funding for that is not a 4 good deal or not possible, then to 5 go forward and recommend 6 alternatives, and I'd like to say 7 something right now about that. 8 the time Butler met with us, until 9 we requested meeting with him again, At 10 we never had met with anyone from 11 Central Administration. 12 put any constraints on us or 13 anything else. 14 anything and everything we wanted to 15 do. 16 with Angie Martin's help, into 17 budgetary information dealing with 18 the past 20 years or past 10 years. 19 We were able to project things into 20 the future, get our own consultants, 21 use various indices; I mean not just 22 our own little trend lines or 23 whatever. 24 interference until we requested 25 meetings. They didn't We were able to do We dug into -- significantly, And so we had no Whoops. So we spent 31 1 about two and a half -- two to two 2 and a half months doing a lot of 3 research, looking into, of course, 4 health care in general, looking into 5 cost of retiree health care for the 6 particular retiree plan that UK 7 currently sponsors, and this is a 8 summary of the information that we 9 found. The background and the 10 detail is all located at our Web 11 site. 12 write that down or you can't 13 remember it, just go to the UK Web 14 site and punch "R" for retiree 15 health care benefit. 16 it. 17 was that the retiree health care 18 will increase rather dramatically 19 over a 20-year period, and we looked 20 at from 1994 to 2004, because we 21 began looking in early 2005. 22 then we went out ten years in 23 projections to 2014. 24 number of retirees would increase 25 about 120 percent. If you can't -- if you don't You'll find But anyway, we -- our findings And We found the The health care 32 1 costs would increase about 940 2 percent over that 20-year period, 3 and at the same time the University 4 General Budget would increase 93 5 percent. 6 of you probably do, that the 7 University General Fund is not the 8 sole source of revenue to the 9 university, nor is it the sole Now, I realize, and most 10 source of revenue that's used for 11 the retiree health care plan: 12 about 50 percent of it, of the cost 13 of the retiree health care plan. 14 looked at all funds and all sources 15 of revenue. 16 because most of the general audience 17 that we're speaking to around campus 18 have some appreciation of what the 19 General Fund is and no appreciation 20 of what other sources of funds are, 21 so that's what we're looking at. 22 Anyway, you can see a tenfold 23 increase. 24 cost two million dollars, 25 out-of-pocket cost in 1994, and it's Only We I put this up here This health care plan 33 1 projected that it'll cost 20.8 2 million in 2014. 3 the one that received a lot of 4 discussion. 5 alluding to it. 6 what that means. 7 mandatory change that is occurring, 8 and it's really -- it's really a 9 conceptual change in how we view This third one is Sean was even kind of Let me tell you This is a 10 postretirement benefits other than 11 pensions, or in this case, for our 12 case, medical benefits. 13 currently the way those are viewed, 14 and this is -- if you will, think of 15 it as a conceptual thing. 16 worry about the accounting right 17 now. 18 basically the university ignores 19 it. 20 many years we work -- I used to use 21 the example we work 30 years, we're 22 retired 20, but we may have to 23 reverse that before long. 24 work, we presumably are getting some 25 benefits built up, but they're not And Don't The way it is viewed is that And as we work, no matter how But as we 34 1 recognized. Then when we retire, 2 the university then comes in and 3 funds it throughout our retirement. 4 And it's called a pay-as-you-go 5 method. 6 will, extension fund or any fund 7 established. 8 Well, is the university stupid? 9 are they doing such a thing? So there's not any, if you Now, one might say: Why The 10 university is not stupid. That is 11 the rational, accepted practice in 12 the industry. 13 public entities in the United States 14 use the exact same funding. 15 Commonwealth of Kentucky, the City 16 of Lexington, University of 17 Kentucky, we all use the same 18 funding. 19 change. 20 of the concept. 21 concept, the way this is going to be 22 viewed, is almost like deferred 23 compensation. 24 happen now, beginning on 1-1-07 -- I 25 mean 7-1-07, is that the retiree 98.5 percent of all The We're going to have to We have no choice, in terms And the new And what's going to 35 1 health care benefits will be viewed 2 like deferred compensation. 3 will earn them. 4 to a point in time when you retire, 5 and then you will receive them. 6 the hope is that they will be funded 7 throughout that, because it's going 8 to be treated, for example, as an 9 expense of the year you work, just So you You'll earn them up And 10 like a salary expense from an 11 entity's point of view. 12 I call it deferred compensation. 13 And this is going to cause a 14 dramatic change in how all of these 15 are viewed. 16 Kentucky or Commonwealth of 17 Kentucky, they've got an estimated 18 retiree health care liability for 19 the teachers' retirement system of 20 between two and three billion as of 21 7-1-07. 22 wanting to use that. 23 have a similar problem. 24 we came up with. 25 as you go" for 2007/'08 academic That's why For the State of So we have -- boy, I keep We're going to Here's what The projected "pay 36 1 year is estimated to be 11.4 2 percent. 3 contribution -- this is under the 4 deferred compensation concept -- 5 will be 30 and a half million. 6 you say: 7 higher? 8 got my little pointer, here. 9 footnote is why it is higher: And the annual required Now, Why is it so darn much In this footnote -- I've This 10 Recognition of previous and current 11 service earned by employees. 12 let me tell you -- and again, 13 remember, we're suddenly going to 14 view this as a deferred compensation 15 thing. 16 using round numbers, but we have 17 somewhere between 13 and 14,000 18 employees, either retired or 19 active. 20 earned in terms of their retiree 21 health care benefits have not been 22 viewed as deferred compensation 23 since they started work. 24 7-1-07, the cumulative benefit for 25 all of those, including those who Now, Now, we have -- and I'm just Their -- what they have As of 37 1 are retired, for all of those 2 13/13,500, whatever the number is, 3 people must suddenly be recognized. 4 That's the liability that the state 5 has of two to three billion. 6 liability, depending on certain 7 assumptions and so forth, is 8 somewhere between, say, 450 and 725 9 million, somewhere in that range, Our 10 under the current plan. And why I 11 say "somewhere in that range," it 12 depends on interest rates and this, 13 that and the other. 14 accumulated -- previous accumulated 15 earnings, if you will, or deferred 16 compensation, we are allowed to 17 record that over a 30-year period. 18 That's why the number is 30 1/2 19 million as opposed to 450 million. 20 So that is, you know -- whoops, I 21 lost my -- there it is. 22 what's causing that big jump. 23 presented this information to 24 Executive Vice President Butler back 25 in March, I think around mid-March That total That is We 38 1 or sometime. We didn't make any 2 conclusions as to whether there was 3 a problem or not, nor did he say 4 whether there was a problem or not. 5 But he asked us to begin looking at 6 plan design changes. 7 thing you have to remember about the 8 makeup of the committee, Joey Payne 9 was the only person on the committee And so one 10 that we could say was an actual 11 expert in this area. 12 like Sean or me or anyone else that 13 you may know who was on the 14 committee, it was the first time 15 that most of us ever looked at 16 retiree health care plans. 17 even know what the little 18 (inaudible). 19 alternatives? 20 choose between one and the other and 21 everything else? 22 a month, if not longer, in fact, 23 just looking at the plan, looking at 24 different things, which this is the 25 process I'm telling you about or Other people We don't You know, what are the How are we going to So we spent maybe 39 1 mentioned that I'm going to take you 2 through. 3 do is we just had to look at the 4 plan. 5 guess I was retired, but I hadn't 6 been retired long enough to pay any 7 attention to it, but there were two 8 retired people on the committee. 9 They knew what the plan was, and 10 Joey knew what the plan was, but 11 very few of the rest of us did. 12 retiree health care plan is two -- 13 really two different plans. 14 one plan for pre-Medicare people, 15 everybody that's retired under 65. 16 There's another one for 17 post-Medicare, or 65 and older. 18 current -- I'm sorry, the 19 pre-Medicare plan is the same as the 20 plan that all of you have as active 21 workers. 22 had the UK HMO, had my wife on the 23 plan. 24 difference. 25 HMO. The first thing we had to We had two retired -- well, I The There's I retired in December. The I In January there was no I still have the UK I'm pre-65. I still have the 40 1 UK HMO; my wife is still on the 2 plan. 3 before and after retirement. 4 to pay a little bit more for my 5 wife, approximately $100 more for UK 6 HMO, and I understand that that $100 7 may be different, depending on, you 8 know, whether -- if you have some 9 other plan. I paid the same amount for me I have But the point is it's 10 basically the same; in fact, it's 11 seamless. 12 didn't know any change. 13 Post-Medicare: 14 have a different plan. 15 itself is for medical benefits. 16 right? 17 benefits. 18 your medical benefits. 19 UK -- then D, but UK has a plan that 20 supplements or is a carve-out, as 21 the term is used, for Medicare. 22 what that carve-out covers, with 23 deductibles, is the 20 percent that 24 Medicare does not cover. 25 right? I didn't even notice -- I Post-Medicare, we Medicare All It's primarily for medical It covers 80 percent of Then the All Plus the pharmaceutical And 41 1 costs, because the -- as of now, 2 Medicare does not cover pharmacy 3 costs. 4 don't think I need to go over this 5 for you, but I will. 6 this last the two or three days. 7 When we started doing these 8 presentations earlier, a lot of 9 people thought we were messing So that's our two plans. I We just had 10 around with the Rule of 75 or we 11 were doing something. 12 going to spend a moment to review 13 for you how one can retire at UK and 14 assure you: 15 this at all. 16 charge. 17 is 65. 18 you meet the Rule of 75, which is 19 the number of years of continuous 20 service, at least being 15, but the 21 number of years of continuous 22 service, plus your age, add up to 23 75. 24 retire. 25 the requirements for retirement. So I'm just We're not messing with It's not part of our Normal retirement age at UK You have early retirement if If you meet that, then you can So that's the -- you know, We 42 1 are not messing with it. The 2 current plan costs $23. 3 based on UK HMO. 4 different if you happen to have a 5 different kind of plan, but UK HMO 6 is $23. 7 that should be what you pay if you 8 have that plan, and Medicare is $23 9 too. This is It would be And that's what I pay, and And I want to say something 10 now, which I will point out later, 11 also. 12 coincidence those two are the same. 13 In other words, it just so -- 14 because they're two different 15 plans. 16 the same. 17 this number: 18 that plan in 2007. Those are 2005 19 per month numbers. 2007 is the -- 20 and we're zeroing in on that because 21 that's when this mandatory change 22 occurs. 23 committee sitting around the table, 24 and we don't know much that's going 25 on. That is a -- it's a It just so happens they are We've already looked at 11.4 is the cost of Now, again, think about the And so we had to, first of all, 43 1 decide what's important to us. It's 2 just like a group of standard 3 setters that are sitting around 4 trying to come up and make 5 definitions of what's important. 6 And we broke into little groups and 7 everybody -- what's important to 8 you, what's important to you, and so 9 on and so forth. And as we did 10 that, we came up with a list -- we 11 call them Principles to Consider -- 12 of 15 things. 13 go through those with you. 14 all defined on our Web site, but 15 how -- what we did is we defined 16 them, of course, and then we voted. 17 We rank-ordered the 15. 18 one up there is called Access to 19 Plan or Access to Group Plan, and 20 we -- the committee as a whole, in 21 terms of this (inaudible), 22 considered that the most singly 23 important criterion. 24 words, in all the plans that we look 25 at or plan designs, the one thing we Now, I'm not going to They are The first In other 44 1 think's most important is everybody 2 ought to have access to it, even if 3 they have to pay for it. 4 right? 5 theoretically, we were going to use 6 this is every time, as we would 7 discuss plans, and we looked at 16 8 different variations of plans, we 9 would be comparing. All And so the way, And if one plan 10 had that but didn't have this, 11 another plan had this but didn't 12 have that, then that would be our 13 decision tree, and we would go up 14 with the first one -- I mean with 15 the one that had that particular 16 characteristic. 17 sat that out on the table. 18 looked at it, but we really weren't 19 forced to use it; in other words, we 20 didn't get into a lot of difficult 21 decisions in that light. 22 thing the committee had to do was to 23 break out the work force or segment 24 the work force. 25 we looked at those that are retired I can tell you, we We The next So the first thing, 45 1 as of 7-1-07. Now, why did we look 2 at those? 3 out? 4 Sean or Joey can jump in if they 5 think there was another one, but the 6 main reason is this committee is 7 very sympathetic to the people 8 already retired, particularly the 9 people that are over 65, and I think 10 you can carry it a step further and 11 say maybe the people that are over 12 70 or 75. 13 about those people because they are 14 on a fixed income. 15 in terms of retired staff, if 16 they've been retired for eight or 17 ten or 12 years, they didn't -- 18 throughout most of their working 19 life, if not all of it, they didn't 20 have the same contribution to 21 TIAA-CREF as the current staff or as 22 faculty have. 23 much lower, if someone's been 24 retired 10 or 12 years, and so we 25 just, as a committee, feel that Why did we segment that The main reason, I think, and And we are concerned In many cases, Faculty salaries were 46 1 those people do not have a great -- 2 as much flexibility. 3 saying is if they are currently -- 4 have got in their budget that they 5 have to spend, I don't know what -- 6 make up numbers -- they've got to 7 spend $100 a month for medical care 8 and all of a sudden we make some 9 change that makes them spend $300 a 10 month, we have a feeling that some 11 of them can't afford it and may then 12 alter their lifestyle in a way we 13 wouldn't like to see it altered. 14 that's why we segregated that 15 group. 16 in that group and everything else. 17 The next is Active; this means 18 active employees but eligible to 19 retire as of 7-1-07. 20 segregated that group because we 21 don't want to draw a line between 22 those two. 23 that line, it's estimated, because 24 nobody ever knows, but certainly a 25 lot of the complaints were -- but it So what I'm So We know how many people are And we Last time when we drew 47 1 was estimated that 400 or more 2 people were considering retiring in 3 order to get a certain medical care 4 benefit, retiree medical care 5 benefit. 6 having to or at least perceive that 7 they had to take such drastic 8 action. 9 will, the Default group. We wanted to avoid people The third group is, if you That's 10 everyone that's left. The fourth 11 group is Future Employees. 12 a decision fairly early on with 13 future employees, which is 14 consistent with what has happened in 15 private industry since 1992 when 16 this conceptual change occurred for 17 them and what is consistent in -- 18 with public institutions, 19 particularly colleges and 20 universities that have health care 21 benefits. 22 hear that most private colleges and 23 universities do not have retiree 24 health care benefits, and many 25 public limit them. We made You might be surprised to But anyway, we 48 1 made a recommendation that future 2 employees, as of a given date, and 3 we did not specify a date, should 4 have access only to the retiree 5 health care plan but not be funded 6 by the university. 7 number one criterion: 8 have access only. 9 recommendation to Executive Vice And that was our That they We presented that 10 President Butler back in May, late 11 April or May, and I guess the 12 President's Cabinet, or however 13 decisions are made, made a decision 14 to adopt that recommendation, and 15 they chose the date of 1-1-06 to 16 give some transition into that. 17 right. 18 PEFFER: All Before you go on, I do want to 19 say one thing about that, just -- 20 can you hop back real quick? 21 There's people on that committee 22 that are from each one of those 23 sections, but I -- and a lot of 24 you -- I don't know where everybody 25 falls out, but the one -- the one 49 1 thing that I -- one of the things I 2 was looking for was -- we have 3 retired people on the committee; we 4 have the younger section on the 5 committee. 6 looking at this, it's very easy to 7 say the retired people have to be 8 protected, which is true, the people 9 who are actually eligible to retire 10 have to be protected, that's pretty 11 true, because you don't want the 12 line in the sand. 13 down here who have already been 14 working here between one and ten or 15 12 or 15 years, they're the third 16 group, because they're the 17 low-hanging fruit as you look at it 18 there, if you actually look at 19 that. 20 you get to the end, look at, if 21 those are protected up there, these 22 are protected, but the people like 23 myself, like Joey Payne, people who 24 have worked here long enough that 25 think, "We're owed something, don't And when you start But these people So we had discussion -- when 50 1 just cut us off," look at the end, 2 and you'll see they didn't get cut 3 off. 4 that all that was done was the 5 retired people were protected, which 6 makes sense, but then down here when 7 you get to the people who've worked 8 here just so many years, they were 9 just kind of left off the table, I just want you not to think 10 because there were a couple of us on 11 the committee that there's no way 12 that was going to happen, for what 13 it's worth. 14 THELIN: Can I make a comment? 15 CHAIR YANARELLA: 16 THELIN: Yeah, John Thelin. You might want to check with 17 some chairs of search committees, as 18 UK intends to be top 20 in the 19 future, and how that treatment of 20 the future employees will enhance 21 UK's attractiveness in the 22 competitive market. 23 TEARNEY: Okay. All right. Now, the 24 next thing the committee had to do 25 is we had to discuss all the various 51 1 things that are involved in these 2 different plan designs. 3 make some decisions. 4 I'm doing now is kind of 5 summarizing, or will summarize for 6 you, the six main points of interest 7 that we considered as we considered 8 plans. 9 decision point on each one of these, We had to And so what And we had to make a 10 as we work our way through the 11 plans. 12 work force segments pay the same or 13 different portion of health care 14 cost. 15 is retired -- retired, you know, 16 already retired work force, should 17 they pay a proportion of the health 18 care costs that is different than 19 people that are eligible to retire 20 but not retired, or should the 21 latter group or both groups pay a -- 22 an amount of their health care cost 23 proportion that is different than 24 those in the third group that are 25 not eligible to retire. The first one: Different What that means, for example, Now, as we 52 1 looked at this particular item, as 2 much as possible, we said everybody 3 should pay the same. 4 in our recommendation, in terms of 5 implementation, we're recommending 6 the first two groups, as retired and 7 eligible to retire, have absolutely 8 the same; and for the third group, 9 that they have the -- or that group, 10 the majority of people in that group 11 would have the ability to get to the 12 same benefit. 13 that for you in just a moment. 14 we had to look at -- had to make a 15 decision regarding Medicare D and 16 the UK -- what we're seeing, this is 17 on the UK carve-out post-65. 18 Beginning on 1-1-06, Medicare is 19 expanding and coming up with 20 Medicare D plan. 21 going to cover pharmacy. 22 actually gotten a whole lot more 23 information this afternoon before 24 Joey and I walked over here, but we 25 do not have complete information on Now, as we -- Now, I'll go through Next Medicare D is We have 53 1 Medicare D. And so we fairly 2 easily, I think, got to the decision 3 that we would move, if you will, 4 groups two and three, those eligible 5 to retire but not retired and those 6 not eligible to retire, we moved 7 them to Medicare D. 8 group that's already retired, we 9 want to make sure that Medicare D is 10 not going to result in them having a 11 significant change in their monthly 12 expenses -- expenses, and I will 13 speak more about that in a moment. 14 But the tentative decision was made, 15 then, to move everybody to 16 Medicare D as of 7-1-07. 17 Age/Service Table for Retirees: 18 What this means conceptually is the 19 older you are and the longer you've 20 worked for the university -- the 21 older you are when you retire and 22 the longer you've worked for the 23 university when you retire, the 24 lower the proportion of your retiree 25 health care costs you have to pay, But for the 54 1 and of course the opposite. The 2 younger you are and the fewer years 3 you've worked at UK when you retire, 4 the higher you have to pay. 5 adopted that theory, if you will. 6 I'll show you how we are 7 recommending it, you know, 8 specifically what we're 9 recommending. We But we adopted that 10 for the -- you know, the group this 11 really pertains is for the active 12 employees that are not eligible to 13 retire. 14 Retirees: 15 conceptually is the lower your 16 income, lower your salary, UK salary 17 when you retire, the lower the 18 proportion of health care cost you 19 would pay. 20 when you retire, you're earning 21 30,000 from the university, you'd 22 pay 10 percent of your health care 23 costs. 24 earning 130,000 from the university, 25 you would pay 50 percent of your Final Salary Base Table for What this means So, for example, if, And if you retire and you're 55 1 health care cost. We talked about 2 this a lot and a lot of different 3 varieties of it. 4 words, the last three years' salary, 5 last five years' salary, all kinds 6 of stuff. 7 reject that conceptually, and we 8 will not -- or are not recommending 9 that. I mean, in other We ultimately decided to There's a lot of reasons why 10 we decided to reject it. I think 11 the overriding reason is because 12 there's nothing similar with the 13 active work force. 14 same benefits; we all have the 15 same -- if you want to look at 16 health care, we all have the same 17 health care options; we all pay the 18 same amount for them, whether we are 19 making 30,000 a year or 130. 20 didn't think that it made sense to 21 then, suddenly, when someone 22 retires, put on a new standard, if 23 you will. 24 Post-65 Retirees: 25 with that second retiree insurance We all get the We Different Deductibles for This has to do 56 1 plan, the carve-out plan for 2 Medicare. 3 complaints -- Joey's office gets an 4 awful lot of complaints and now that 5 my name -- some people know my name, 6 I even get some of the complaints. 7 But the complaint is that the 8 retiree never reaches the deductible 9 on the carve-out. And we get a lot of Now, the way it 10 works, I already told you, Medicare 11 is going to pay the first 80 12 percent, and then UK carve-out -- 13 I'm just talking about medicine 14 right now -- UK carve-out comes in. 15 PAYNE: 16 TEARNEY: Medical. Yeah, medical, UK carve-out 17 comes in. UK carve-out has a $500 18 deductible right off the top, which 19 means that the retiree pays the 20 first 500. 21 deductible that is a co-share. 22 watch the main (inaudible) retiree 23 pays a certain amount and the 24 insurance pays a certain amount. 25 And the maximum exposure that the Then it's got a $1,500 But 57 1 retiree has is $2,000 a year. So we 2 have a lot of people that say they 3 don't reach that. 4 enough, we did some research to see 5 how big that set is. 6 roughly -- and, again, round 7 numbers -- 1,800 people that fall 8 into the total universe of post-65 9 retirees, and our research indicates Interestingly There's 10 about 1,400 of those people did 11 reach the deductible, so we have a 12 group of about 400. 13 because we had cost estimates made. 14 It would cost us about -- cost the 15 university, I guess you would say, 16 about 1.1 million to eliminate the 17 $500 deductible, and so the 18 committee has tentatively made a 19 decision to leave it alone. 20 of the things we think is a problem 21 is the deductible -- I mean the 22 carve-out -- has a fiscal year 23 basis. 24 deductible, the $2,000 deductible, 25 if you will, starts on July 1 and It costs us -- But one In other words, the 58 1 runs through June 30. But the 2 Medicare, which it's trying to match 3 up with, starts on January 1 and 4 runs through December 31st. 5 believe that a lot of the problem on 6 reaching the deductible is that the 7 two years aren't aligned. 8 recommendation is that the carve-out 9 switch to a calendar-year basis to And we So our 10 get the two years aligned. That 11 will cost the university some money 12 in the year of the switch, but then 13 everything should be -- should be 14 the same. 15 called Transition Groups. 16 transition group -- actually I was 17 going to use the example of last 18 year -- of the last recommendation 19 that was made, but I'll just make 20 one up. 21 say that you are an active 22 worker/employee, but you are not 23 eligible to retire as of 7-1-07. 24 All right? 25 to retire as of 8-1-07. Finally we have what's And a A transition group, let's And you will be eligible So in other 59 1 words, you would change segments 2 within the work force, from eligible 3 for -- I mean from not eligible to 4 eligible, one month after the 5 recommended implementation date of 6 whatever the plan is. 7 you're upset; you got cut off by a 8 month. 9 say, "For this X period, maybe six 10 months, if you will move, for lack 11 of a better -- if you move from 12 group three to group two within six 13 months, we'll go ahead and treat you 14 as though you were in group two." 15 All right? 16 that's the way the transition will 17 work. 18 talked about it a long, long time. 19 We actually had cost estimates made 20 for having a three-year transition 21 period. 22 for having a five-year transition 23 period. 24 maybe we should have an eight-year 25 transition period. So naturally A transition period would That's the transition; We looked at this, and we We had cost estimates made Someone even suggested We looked at all 60 1 these things, and one thing that 2 became readily obvious: 3 what period we have, somebody's 4 going to qualify one month later. 5 All right? 6 any difference. 7 going to feel as though maybe they 8 got short-changed. 9 frankly, the committee said: No matter I mean, it doesn't make So somebody is So quite We 10 can't make that decision. We 11 decided to reject transition 12 periods. 13 is not an arbitrary date. 14 we would pick would be arbitrary, so 15 we didn't do that. 16 plan. 17 through my question? 18 everybody wants to know exactly what 19 line -- you know: 20 mean to me? 21 completely obvious, that you could 22 read this and you could figure out 23 what line is yours. 24 out last week, after we'd go through 25 it and I'd spent however much time The date of July 1, '07, Anything Now for the Do you think I need to go We know that What does this And I thought it was But we found 61 1 going through it, that people will 2 say, "Well, I want to know -- I'm 3 62. 4 just going to go through an exercise 5 and ask this question: 6 anybody in the room that's retired? 7 All right. 8 worry about that top one. 9 rid of that cell. What line is mine?" Good. So I'm Is there We don't need to So we got Nobody look at 10 that top one. 11 here -- well, actually, is anyone 12 going to be retired by 7-1-07? 13 we've picked up some. 14 15 16 Is there anyone in UNIDENTIFIED SPEAKER: Aha, It depends on what you tell me. TEARNEY: (Inaudible) 15 months out. 17 All right. 18 focus up there. 19 won't be 65, so just focus on that 20 top line. 21 PAYNE: 22 TEARNEY: So you do go ahead and You look like you He's not going anywhere. Yeah, well, maybe others are. 23 Now, those of you -- how many of you 24 will be eligible to retire by July 25 1, '07? All right. Now we're 62 1 picking up a few more. You folks 2 look in here. 3 you're going to zero in on -- the 4 lines. 5 eligible to retire by 7-1-07? 6 Notice that the subtitle for your 7 line is red. 8 other lines is yellow. 9 that would get Ernie to turn around. That's the line How many of you will not be 10 CHAIR YANARELLA: 11 TEARNEY: The subtitle for the I thought Yes, indeed. Now, let me point out one 12 thing. Those two yellow lines and 13 the subdivisions under them are 14 exactly the same. 15 you, it doesn't make any difference, 16 because I'm assuming, if you could 17 retire in 18 months, you already 18 qualify to retire. 19 zero in on this one here, and this 20 is the current plan; this is the 21 recommended plan. 22 plan, pre-Medicare -- well, I 23 already told you earlier on they're 24 paying $23 a month. 25 and it's a coincidence, that that is So really, for So let's just Under the current It so happens, 63 1 7 percent of the premium cost. 2 There's nothing engraved in stone 3 about that being 7 percent. 4 just what it is. 5 budget shortfall at the university, 6 that could easily go to some other 7 number. 8 in other words, maybe it will go to 9 40. It's If there was a That's the number. I mean, You remember a few years ago 10 when we had zero; then it went to 11 21. 12 happen. 13 percent of the true retiree rate, 14 which costs $60 a month. 15 need to explain something in there 16 between -- the difference between a 17 blended rate and a true rate, 18 because it makes a significant 19 difference for early retirees. 20 you just go from 7 percent to 10 21 percent, that adds about $7.00. 22 That means that 23 will go to 30 23 with no other change, but this 24 versus this is making a change. 25 me try to explain that. All right? So that could We're recommending 10 Now, I If Let And I might 64 1 also add, since I'm an early 2 retiree, I don't like this change. 3 I like it the way it is, and here's 4 the way it is. 5 about 11,000 active employees, 6 11,000 (inaudible) and about 700 of 7 me, early retirees. 8 go out to get the -- I used UK HMO, 9 since that's what I have. Right now there's Now, when they You go 10 out to get the rates for the UK 11 HMO. 12 colleagues, and they put them in 13 with you 11,000, and they go out and 14 get out a single rate for 11,700 15 people. 16 blended rate. 17 effect of that? 18 that is, on average, my 700 should 19 have, per annual -- or annual per 20 person medical expenses higher than 21 the comparable for your 11,000, 22 because we're older. 23 And so other things being equal, we 24 should. 25 recommending -- and by the way, I They take my 700 people, Okay? And that's called a Now, what is the Well, the effect of All right? Now, what the committee is 65 1 forget whether I said it, but that's 2 a blended rate. 3 we're going to a true retiree rate. 4 What that means, using the same 5 actually -- it's not an example; 6 it's reality. 7 my 700 and put them over here and 8 get our own rate, true retiree 9 rate. The committee says They're going to take They're going to leave you 10 11,000 alone, and you'll get a true 11 active rate or whatever. 12 of that is to double my monthly cost 13 from $30 to $60 a month. 14 also, by the way, lower your monthly 15 cost, somewhere between $15 and 16 $20. 17 necessarily agree on how it's 18 calculated, but it will lower the 19 annual premium. 20 jumps from 23 to 60. 21 mind, by the way, this is a 22 recommended plan as of 7-1-07, but 23 the numbers we're using are today, 24 the '05/'06 academic year. 25 there's the change there. The effect It will We can't -- Joey and I can't That's why this Now, keep in So Now, for 66 1 post-Medicare, these are the people 2 over 65, also 7 percent, also a 3 coincidence, 23; 10 percent of the 4 retiree rate, $44. 5 the 44 is made up of two numbers, 12 6 and 32. 7 carve-out, which is actually a 8 reduction, because you can see the 9 percent's going from 7 to 10, but And you'll see The 12 would be the new UK 10 the cost is going from 23 to 12. 11 The reason for that is because we 12 would be eliminating pharmacy. 13 right? 14 the cost of the UK carve-out. 15 we're eliminating that, so that's 16 12. 17 Medicare D. 18 are 44 for -- you know, like for 19 this year. 20 at this next group. 21 anybody in any one of those two 22 groups have a question before I go 23 on? 24 end, but -- 25 CIBULL: All Pharmacy is 70 percent of So The 32 is picking up The two put together All right? Let's look Is there We'll have questions at the This actually pertains to all 67 1 of this -- Medicare D -- I'm sorry, 2 Mike Cibull. 3 what the difference in cost will be 4 between Medicare D and, let's say, 5 UK HMO in terms of a participant? 6 realize it would matter in terms of 7 how much medicine you buy and so 8 forth and so on, but is there any 9 kind of figures that estimate that? Do you have any idea 10 Because I suspect that for the 11 average person, Medicare D will be 12 more expensive than the benefit. 13 TEARNEY: I Let me -- let me, without 14 being specific right now, Mike, let 15 me address that later. 16 slide. 17 CIBULL: 18 TEARNEY: I've got a Okay. Because that's a concern to 19 the committee, so -- and then, if I 20 don't answer it adequately, bring it 21 back. 22 look at the majority of you in the 23 red. 24 got 7 to 23. 25 The Age/Service Table, 90 to 480. Anything else? All right? Well, let's Look here: You've That's all the same. 68 1 How in the heck did that happen? 2 Well, the $90 -- go on to the next 3 did -- oh, I'm the one that's doing 4 the slide. 5 already back here. 6 Age/Service Table that I was telling 7 you about. 8 talking about the Age/Service Table, 9 and I said the age of retirement -- 10 this is the age of retirement along 11 here. 12 you retire, the less you pay. 13 is the person under 60; pays 80 14 percent down to 50 percent. 15 Then you've got 20 -- this is -- 16 obviously, this is 15 years' 17 service, but less than 20; 20 but 18 less than 25; 25 or more. 19 goes: 20 pay. 21 obviously a percent of the retiree 22 health care you're going to pay. 23 Now, the reason that is 90 -- oh, 24 I'm the one. 25 Jolie to flip it back. (Inaudible.) Well, I'm This is the Do you remember, I was I said the older you are when This Okay? Notice it The more years, the less you But these percents are I was going to tell Notice that 69 1 this is 60. This is 90. That's the 2 two numbers I want you to focus on 3 right now. 4 same? 5 in this group, it's given that they 6 are not 65, right? 7 they are younger than 65. 8 now, (inaudible). 9 or more but less than 65. Why aren't those the Well, first of all, anybody Pretty much, Well, All right. So 64 If 10 they've worked here for 25 or more 11 years, they paid 15 percent of the 12 health care costs. 13 percent, so $90 is 15 percent. 14 is the cell that those people would 15 come in. 16 480 per month. 17 480 would be somebody's retired 18 that's less than age 60 and they 19 have worked here for less than 20 20 years, at least 15 but less than 21 20. 22 percent of the cost would be 480. 23 And that's how those numbers grow. 24 Now, if you look at the post-65, 25 that 12 is the same as that 12. $60 is 10 That Now, it can go as high as How could that be? They would pay 80 percent; 80 70 1 Could be 96, and I'll show you an 2 example on it again. 3 same as that 32. 4 is: 5 and if you've been at the university 6 for at least 25 years, you will have 7 the exact same benefit as that group 8 or that group; it makes no 9 difference. That 32 is the What this says If you work until you're age 65 And -- oh, darn it. 10 The reason that one number got -- 11 went from 12 to 96 is, again, here. 12 The 65 or more is the 10 percent 13 that's the same as everyone else's 14 benefit. 15 worried and this -- Mike kind of 16 directed us here. 17 worried about Medicare D coverage. 18 We are most worried about Medicare D 19 coverage for the people already 20 retired, already on a fixed income. 21 The first bullet up there refers to 22 something called "doughnut hole." 23 can tell you all about the doughnut 24 hole if you want to know, but 25 everybody I've told about the Okay? So I told you we're We're really I 71 1 doughnut hole has more questions 2 about it after I got done than 3 before I started. 4 you is there isn't going to be a 5 doughnut hole for our retirees. 6 right? 7 about the doughnut hole, don't worry 8 about it. 9 offered in Lexington where you won't All I can tell All So if you've been reading Medicare D is going to be 10 have a doughnut hole (inaudible) 11 that people are exposed to. 12 second one is not quite as easy to 13 deal with. 14 this slide up, that first one, we 15 weren't positive about. 16 one is not quite as easy to deal 17 with. 18 got some information about this just 19 before we left, and it is a little 20 bit incomplete. 21 has shown that there are 79 UK 22 retirees over 65 that take what I'm 23 going to call -- and I think it's a 24 common term -- high-cost medicine. 25 The example I'm going to use for The In fact, when we made We don't know. The second Joey and I But our research 72 1 high-cost medicine is something that 2 costs $1,000 a month. 3 people that fall into that 4 category. 5 that those people will pay some kind 6 of a copay. 7 is, $40/$60, something like that. 8 We want to insist that Medicare 9 result in -- not have the result of 10 increasing those 79 people's subcase 11 outflow from, say, $50 to a lot 12 more. 13 $1,000. 14 medicine per month; I've got a copay 15 of $50; I'm paying $50 a month. 16 right? 17 High-cost medicine will be covered 18 by Medicare D. 19 there. 20 them are going to be covered by 21 Medicare D. 22 I saw earlier didn't give the list 23 of what's going to be covered, but 24 that's the first characteristic. 25 Then, by a fixed dollar copay, the So we have 79 Now, the current plan is I don't know what it Let me use the example of So I'm taking $1,000 of All What this thing says is: Let me stop right We're not positive all of The stuff that Joey and 73 1 $50 a month. All right? Now, we're 2 not going to specify that's the 3 exact same copay, but what we're 4 looking at is we don't want 5 something that's going to be such an 6 increase in somebody's pay -- 7 somebody's cash flow that they might 8 make a decision we don't want them 9 to make. As opposed to a percentage 10 copay, a percentage copay would be 11 like 25 percent as opposed to a 12 fixed dollar copay, a percentage. 13 25 percent would be $250, with the 14 $1,000 example, without a copay 15 cap. 16 percentage. 17 plan now has a percentage, but it 18 has a fixed cap per month. 19 okay with us, as long as the fixed 20 cap's low enough. 21 that it would be a percentage, 25 22 percent, without a cap. 23 like that. 24 not meet these things -- we already 25 know we can cross that one off. Now, it could be a In fact, our pharmacy That's But it could be We don't So if Medicare D does 74 1 That's going to be okay. If 2 Medicare D does not meet that, then 3 we will not recommend it for the 4 current people who have already 5 retired. 6 recommendation, because we're not 7 going to have complete -- I can tell 8 you right now, we're not going to 9 have complete information by Included in our ultimate 10 December 31st. We're going to have 11 a feeling about it. 12 problems with Medicare D, it's going 13 to be offered by private industry 14 with getting a subsidy from the 15 government. 16 they offer every six months, plus 17 the people that are going to be 18 offering it, we're going to have 18 19 people offering it for next year. 20 There might be 14 the following year 21 or maybe 30. 22 heck knows? 23 is going to be that this be 24 continuously reviewed on an ongoing, 25 continuous basis, and certainly One of the They can change what I mean, who in the So our recommendation 75 1 before it's implemented, it be 2 reviewed as long as possible before 3 implementation. 4 going to take roughly four to six 5 months of transition to end, so we 6 would say that that should be 7 reviewed very carefully by the 8 university to meet these conditions 9 by, let's say, up till 7-1-01 [sic], 10 whatever, July 1st -- I mean January 11 1st, '07, or however late we can 12 go. 13 question? 14 CIBULL: And it probably is Does that get to your Partially. It covers the major 15 difference between Medicare and the 16 plan we have now, but it doesn't 17 address the actual cost. 18 was just wondering if you have any 19 feeling for what the actual cost 20 would be. 21 difficult, because every retiree 22 will have a different profile of 23 medicines, but do they have any 24 feeling for -- 25 TEARNEY: And so I And I realize it's I don't know. Joey is the one 76 1 who has more information than me. 2 CIBULL: 3 PAYNE: On an actuarial basis. Yeah, I mean, on an actuarial 4 basis, they're going to be close. I 5 mean, we actually took what's called 6 the standard benefit design, the one 7 that has in the doughnut hole that's 8 in the legislation, and we had our 9 pharmacist compare the -- I think it 10 was the calendar year '04 11 prescription cost against that 12 benefit design, you know, looking at 13 by retiree, you know, looking at how 14 somebody fared under our plan, how 15 much they paid out of pocket versus 16 how much they pay out of pocket. 17 You know, you've got outliers in 18 both. 19 percent of the people, they were 20 fairly close. 21 actually did a little better under 22 the Medicare plan; some did a little 23 better under ours, but it wasn't 24 that material of a difference. 25 know, but you did have about 10 But the majority, about 80 You know, some You 77 1 percent or so that were going to pay 2 more. 3 pay more were those that were going 4 to have to pay the majority of the 5 cost before the catastrophic 6 coverage kicked in. 7 to have to pay as much as $3,600 out 8 of pocket, and right now they're 9 paying for these $1,000 The ones that were going to They were going 10 prescriptions. Most of these are 11 injectable drugs, and they pay, you 12 know, $40 to $60 copay. 13 don't would not know -- well, what 14 we do know is Medicare is moving a 15 lot of those injectable drugs over 16 to what's called the Part B Benefit, 17 the medical benefit, since a lot of 18 those prescriptions are actually 19 administered in a physician's office 20 or some kind of inpatient or 21 outpatient type setting. 22 moving those over there, so that 23 puts it under the medical benefit. 24 So what's left is the true 25 prescriptions. So what we So they're And, you know, we 78 1 just looked at a plan just before we 2 came over here, and they have three 3 tiers, all with a fixed dollar 4 copay. 5 like 22.50, and then the third one 6 was like $53.00, and then the fourth 7 tier was a percentage. 8 you don't know is where do the 9 individual medications fall in One was like 7.50; one was Now, what 10 those, you know, tiers. And that's 11 what we're going to be finding out 12 here in the next two to three 13 weeks. 14 add at this point is we've done some 15 focus groups already with some of 16 our retirees and committee members 17 and emeriti faculty. 18 to a number of people. 19 they're telling us is, you know, 20 "There's going to be 18 plans to 21 choose from; how in the world do I 22 figure out which one's best for 23 me?" 24 there some experts at the university 25 that could review this information And the other thing I would We've talked And what And so they're saying, "Aren't 79 1 and come up with a recommended plan 2 or even some kind of a UK-group 3 Medicare Part D Plan?" 4 the answer is yes. 5 certainly review it, but everything 6 that we're seeing indicates that we 7 can actually contract with somebody 8 to do the Part D benefit in some 9 form or fashion. And we think I mean, we could So that's the 10 current mindset, is that once this 11 is over, a recommendation is made, 12 and if it follows through as it is 13 right now, then, you know, HR, we 14 have pharmacists through the College 15 of Pharmacy we work with, that we 16 would tackle that issue and spend 17 the bulk of '06 trying to figure out 18 which is the best way to position 19 our retirees in the plan and then 20 roll that out sometime 2007. 21 PEFFER: Joey, one thing about what you 22 said, you said there were 10 percent 23 that were out here that were not as 24 well off, and they were -- they 25 would go up $3,600. But that was 80 1 under if they had the doughnut hole. 2 PAYNE: 3 PEFFER: 4 Right. And without the doughnut hole, a lot of those people -- 5 PAYNE: 6 PEFFER: Right. -- will be pulled back in. 7 I didn't want that to hang out 8 there. 9 3,600, that was under the So Those people that are paying 10 government's plan. 11 big doughnut holes -- he was talking 12 about the catastrophic coverage is 13 the top of that doughnut hole. 14 private providers -- and correct me 15 if I'm wrong -- the private 16 providers will disquise that 17 doughnut hole and spread it so that 18 won't happen. 19 not be out there under the private 20 providers. 21 PAYNE: They had these The Those 10 percent may The doughnut hole really -- and 22 it's not fair to even talk about 23 this thing. 24 picture of it, you don't even know 25 what I'm talking about, but it's If you've never seen a 81 1 just a scheme, if you will, of how 2 the benefits will be paid by 3 Medicare. 4 hole plan design, it was basically 5 put out there as a default, meaning 6 that if no company, no private 7 company, decided to offer the 8 benefit in a given area, like 9 Kentucky, then Medicare would go out 10 and hire somebody to administer it. 11 And that's the plan design that 12 would be used, but they've already 13 contracted with 18 companies. 14 so these companies know this is how 15 they're getting their money back 16 from Medicare. 17 do is take the money they anticipate 18 getting back from Medicare, plus the 19 little premium, $30 a month, they're 20 going to charge a retiree and, as 21 Sean says, try and disguise it, if 22 you will, in some kind of copay 23 system, you know, that we're all 24 used to seeing. 25 one, level two, level three, And with that doughnut And So what they have to You know, level 82 1 something like that, so -- and 2 spread those costs out, you know. 3 To further answer Sean's question, 4 you know, pushing a lot of those 5 high-cost drugs over to that part B 6 benefit will help, you know, that 10 7 percent that I called outliers quite 8 a bit. 9 CIBULL: I would just mention, though, 10 if they do that, then part B 11 premiums may go up. 12 they'll -- 13 14 TEARNEY: Yeah, part B premiums are the carve-out. 15 CIBULL: 16 TEARNEY: 17 I mean, Yeah. If the carve-out comes (inaudible). 18 CHAIR YANARELLA: 19 GROSSMAN: Bob Grossman. Ernie, you got my name 20 right. I'm trying to get an 21 understanding of the big picture 22 here. 23 you closed that gap between the 11 24 million that you were able to -- 25 that you were spending now and the It seems to me that the way 83 1 30 million that you would have to 2 pay is in two ways: 3 much heavier burden on people who 4 retire before age 65. 5 6 7 TEARNEY: One, you put a That's exactly right, by design. GROSSMAN: And which, I think, is a very 8 reasonable thing to do. 9 and two, you cut off all subsidies 10 for people who are hired from now 11 on. 12 things that balance the books. 13 TEARNEY: 14 GROSSMAN: But two -- Those are basically the two Uh-huh (affirmative). Is it not a little drastic to 15 be cutting off all benefits -- all 16 subsidies, I should say, from people 17 who are hired from now on? 18 raised a point earlier, which I 19 guess I should elaborate on a little 20 bit. 21 come here, and if you tell them that 22 they don't get -- won't be getting 23 any subsidy for their health care 24 costs, postretirement, that may 25 be -- it may become much more John We try to recruit people to 84 1 2 3 4 difficult to recruit them. TEARNEY: We did consider that, but let me ask Joey to respond. PAYNE: One of the things that we looked 5 at when -- Julia Costich is a 6 faculty member. 7 benchmarking for us. 8 said, if you look across the country 9 at the -- especially the smaller 10 private institutions, there is no 11 retiree health benefit. 12 going to come back to who you're 13 competing against. 14 wouldn't call them smaller, but 15 certainly private -- they don't have 16 retiree health benefits. 17 we're looking at the Ivy League, you 18 know, then, yeah, you know, they 19 might -- I'm sure they'll continue 20 to offer retiree health benefits to 21 their retirees. 22 at the public research institutions 23 that we benchmark against, many of 24 them are making similar kinds of 25 changes that we are. She did a lot of And as Mike So it's Vandy -- well, I So if If we are looking Here in 85 1 Kentucky, for example, is probably 2 the best way to look at our own 3 state retirement systems. 4 to be that, with five years of 5 service, you could get a partial 6 contribution from those systems for 7 health benefits. 8 that to ten now for future hires. 9 They grandfathered certain people, It used They've changed 10 but for future hires, you've got to 11 have ten years now. 12 the regional universities, we don't 13 benchmark against them for faculty, 14 but sometimes for staff we do. 15 There's really two options you have 16 as a faculty member or a staff 17 member: 18 one of the state systems, or you can 19 join what's called the Optional 20 Retirement Plan to get your 21 TIAA-CREF and those types of plans. 22 You know, the drawback to the state 23 system is that there's a five-year 24 vesting period. 25 there five years before you get any If you look at One is that you can go into So you have to be 86 1 of the institutional contributions 2 towards your retirement benefit. 3 if you're planning on being there 4 for the long haul, that's not 5 necessarily a bad place to be. 6 system has a health benefit. 7 once again, you've got to be there a 8 minimum of ten years now before you 9 can qualify for that. So That But If you opt 10 for the Optional Retirement Plan, 11 the ORP, there is no retiree health 12 benefit. 13 your question, it's really going to 14 come back to, you know, who are we 15 competing with? 16 that Tom Samuel is a friend of mine, 17 so I can say this about Tom. 18 probably a few months before he was 19 asked to chair the previous 20 committee, he didn't know we had a 21 retiree health benefit. 22 tell you, probably, the same thing, 23 about six months to a year. 24 know, for a lot of the higher-paid 25 individuals -- You know, so to answer And I will tell you Until Mike will You 87 1 TEARNEY: 2 PAYNE: Now, wait a minute. -- they, you know, they may not 3 keep up with policies and things 4 like that, and it's not as material 5 an amount of money for them as it is 6 for a lot of the lower-paid faculty 7 and certainly some of the lower-paid 8 staff. 9 about key individuals in recruiting, 10 you know, I think it's just going to 11 depend. 12 places, as a staff person, that you 13 can go anymore and get that type of 14 a benefit, especially short-range. 15 16 17 So, you know, we're talking But there's not too many CHAIR YANARELLA: Kaveh Tagavi and then Connie Wood behind him. TAGAVI: Yes. I'd like to ask a 18 clarifying question regarding this 19 rule that if you're an employee 20 after 1-1-06, you're on a different 21 plan. 22 proposal. 23 approved and it's done with; is that 24 correct? 25 TEARNEY: That's not part of your That's already been That's correct. 88 1 2 TAGAVI: Okay. That's not your proposal. 3 TEARNEY: 4 TAGAVI: Well, it was last -It was your proposal, but now 5 it has been approved at whatever 6 level had to approve it. 7 TEARNEY: 8 PEFFER: 9 That's correct. Part of that was we had the committee going on and we were 10 looking at all the different options 11 of what was going on. 12 be bringing people in right now 13 saying, "We have this benefit 14 out" -- oh, I'm sorry -- "we have 15 this benefit out in the future," 16 when we know we're sitting in a 17 committee over here trying to figure 18 out how to make it work to begin 19 with. 20 with just an integrity issue of 21 popping up right away and getting 22 the word out so you didn't hire 23 somebody in and then one year later 24 say, "Oh, we're changing it this 25 way." And you can't So a lot of that had to do 89 1 CHAIR YANARELLA: 2 WOOD: Connie Wood. Mike, a point of information: In 3 your annual required contribution, 4 this is being based on a benefit 5 which is being accrued but not 6 realized until the individual 7 retires; is that correct? 8 TEARNEY: 9 WOOD: Yeah. Not everyone who accrues that 10 benefit will actually -- will 11 actually get money from their 12 accrued benefit; is that not 13 correct? 14 TEARNEY: 15 WOOD: Yeah. In that case, can we not bring 16 new faculty into the plan at a 17 prorated basis, based on the 18 expectation that they will actually 19 ever avail themselves of those 20 funds? 21 phase -- 22 TEARNEY: I mean, this is -- this is a Yeah, it's statistics, and I 23 understand, you know, something 24 about statistics. 25 WOOD: More than I do about accounting. 90 1 TEARNEY: You know more than I do about 2 statistics. But where the fallacy 3 of your -- if there is a fallacy, 4 let me say that. 5 fallacy is in your logic is that 6 when an accrual is made, it is 7 actuarially determined based on the 8 actual experienced rate of turnover, 9 et cetera, at UK. But where the So it is a -- it 10 is a specific accrual. 11 like they take you or me and say, 12 "Well, okay, you've been here, you 13 know, X years; you get -- the amount 14 of your benefit is worth this; round 15 it up and discount it." 16 actually actuarially determined, and 17 therefore the number is much -- the 18 number is much lower than what you 19 would come up with the way you're 20 doing it. 21 CHAIR YANARELLA: 22 WOOD: 23 It's not It is Judith. But why does that exclude new faculty? 24 TEARNEY: 25 WOOD: Pardon? That's the whole point. 91 1 TEARNEY: 2 WOOD: Why does it what? Why does it, by definition, 3 exclude new faculty who may be 4 brought in? 5 TEARNEY: The number, actually -- I 6 guess we didn't get a run on that, 7 but the number would have been 8 significantly higher had new faculty 9 been in there, because it just keeps 10 turning over. 11 way this is, is once everybody here 12 is retired, there is no cost, once 13 everybody here is dead. 14 15 The way this -- the UNIDENTIFIED SPEAKER: That makes you feel better. 16 CHAIR YANARELLA: 17 TEARNEY: 18 LESNAW: Judith Lesnaw. Judith. I would like to return to the 19 issue of benchmarks for a moment. 20 And it's very interesting to know 21 what our regional institutions are 22 doing and perhaps some small private 23 colleges, but those are not our 24 competition, A; and, B, I'm a firm 25 believer in not reinventing wheels 92 1 and trying to benefit from 2 collective wisdom. 3 if you have any data on our 4 research -- public research 5 benchmark institutions and if anyone 6 has made any calculations taking 7 into account salary differentials 8 versus health care plans. 9 TEARNEY: And I wondered In terms of benchmarking, 10 Julia did most of that for us, and 11 interestingly enough, there are very 12 few -- I think only about two or 13 three in our actual benchmark list. 14 But very few of benchmarks have the 15 same situation that we do, meaning 16 this: 17 a -- is this thing working? 18 UK plan. 19 Also, I shouldn't say most, but 20 let's say the ones that Julia looked 21 at for us and reported on are the 22 big state institutions. 23 state. 24 state takes over the retiree health 25 care benefit, and they aren't This is a UK plan. It's not It's a It's not a state plan. It's a It's a state plan. The 93 1 concerned about this. 2 they're just going to go to the 3 legislature and ask for -- you know, 4 if they need more funding for that. 5 I know the University of Iowa, and I 6 don't remember if there's any 7 others -- 8 9 10 11 12 PAYNE: It's just -- I think Purdue possibly is another one. TEARNEY: I think Purdue doesn't have any. PAYNE: They don't have any 13 contribution, but they have a 14 liability -- 15 TEARNEY: But University of Iowa was 16 comparable to us, in terms of our 19 17 benchmarks. 18 question, we did look at that. 19 did not look at -- I mean, we all 20 have, I suppose, some concept, but 21 we didn't sit down and look at the 22 relative salary levels. 23 CHAIR YANARELLA: 24 THELIN: 25 But to answer your We John Thelin. Back to Bob Grossman's point about who bears disproportionate 94 1 expense on this, it seems to me that 2 faculty who come to UK in midcareer 3 who are induced to come here are 4 going to get hit particularly hard 5 on your chart. 6 TEARNEY: 7 THELIN: Yeah. Now, the beauty of something 8 like TIAA-CREF is that it 9 acknowledges your career, your 10 professional career, with 11 portability. 12 certainly, years of service and 13 loyalty is a good thing and should 14 be rewarded, but you're penalizing 15 those who come -- and they would 16 tend to be a large number of faculty 17 and I guess even like deans or 18 whatever, who come at like age 45 or 19 50. 20 disproportionate burden for 21 something when they were induced to 22 come? 23 TEARNEY: And I also think that, Why -- why should they bear a I agree with your logic. Now, 24 if they -- you know, how long does a 25 person work? I don't know. But 95 1 they've been working somewhere 2 already for quite a while. 3 talking about, somebody's coming 4 here at 50. 5 to come here when they're 50. 6 know that's a little older than you, 7 but I'm trying to give you the 8 logic. 9 they're 50, they've worked at least What I'm Let's say they're going I If they come here when 10 half their working life somewhere 11 else. 12 their retiree health care benefit as 13 opposed to someone else? 14 bit of the logic. 15 logic, and I want to use this -- I 16 think Joey or somebody did this the 17 other day. 18 going to be a picture. 19 doesn't address your question, but 20 it addresses the committee's -- how 21 the committee leaned. 22 that there is a finite amount of 23 money that can be spent for retiree 24 health care, I mean, we don't know 25 what the number is, but let's just Why should we pay for all of That's a And the other I'm going to -- it's And it If we assume 96 1 say there is. Within that finite 2 number, you've got the bottom part, 3 which would be the early retirees, 4 and the top part, which would be the 5 post-65 retirees. 6 squeeze that balloon anywhere along 7 the line, the other side is going to 8 get bigger; one side is going to get 9 smaller, and the other side is going And if you 10 to get bigger. Kind of the way we 11 did it, and it does harm to people 12 that you're referring to, is we kind 13 of squeezed it down here at the 14 bottom to push up more up to the 15 top, to give the people that are -- 16 I say over 65, but really like over 17 75. 18 in their life when their medical 19 expenses are going to really start 20 coming, we don't want them to have 21 less resources. 22 design that was recommended before 23 was more or less the opposite. 24 squeezed at the top, blew it out at 25 the bottom. When they've got to the point Now, the plan It And the people up at 97 1 the top that were, say, over 75 or 2 whatever would have run out of money 3 and had to use their own, whereas 4 there was no change in early 5 retirement. 6 that doesn't address your issue. 7 Sean brought your issue up 8 continuously on the committee, and 9 we did -- we did talk about it, but 10 we just -- I don't know where I put 11 the microphone. 12 13 14 PAYNE: We got the same. Now, You laid it downhill and it was getting ready to roll. TEARNEY: We did -- all I can say is we 15 very seriously did consider he kept 16 bringing it up, but we decided 17 differently. 18 PEFFER: Yeah, this was mine, because my 19 comment was faculty, you're going to 20 have to go out and get a Ph.D.; 21 you're probably going to have to go 22 out and do a postdoc; you're going 23 to not get tenure somewhere else; 24 then you're going to wind up here. 25 (LAUGHTER.) 98 1 PEFFER: That's how a lot of us get 2 here, and some of us leave. Anyway, 3 the -- but the deal is this: 4 original table went out to 30 or 5 more years, and the best I could do 6 on the committee is push this back 7 to 25 or more years. 8 here 40 years old. 9 pretty -- it's pretty high up there, The You can arrive 40 years old is 10 if you can arrive at 40 years old 11 and still work your way back up into 12 those upper groups. 13 answer to it, as opposed to: 14 didn't like the 30- or 35-year 15 version of this, because then you're 16 having to get here before you've had 17 time to do those items, for faculty, 18 at least. 19 is: 20 here's the thing the committee kept 21 doing. 22 put them back in, who do you take it 23 away from? 24 infinite amount of money out there. 25 You've got a certain pool of money That's my first I The second answer to this If you put that back in -- You take those people and Because there's not an 99 1 that you've got to do this. Then 2 where -- as soon as you decide to 3 give a benefit to one of these 4 groups or to anybody, you'll have to 5 find somewhere else to take it 6 away. 7 not saying, you know, I need an 8 answer to that, but keep that in 9 mind. And that's where -- and I'm There's a lot of choices in 10 here that the committee -- it was 11 very hard for the committee to make 12 to do these kinds of things, but do 13 you take it away from the retirees? 14 Do you raise them to doing 20 15 percent of their costs? 16 raise the eligibles -- you know, 17 just those types of issues. 18 THELIN: Do you Look at your bottom column, 50 19 percent for 65 or more with 15 but 20 less than 20; 10 percent for 25 or 21 more. 22 You're rewarding longevity. What are you rewarding? 23 PEFFER: Length of service. 24 THELIN: You're not rewarding mobility 25 and assent. 100 1 PEFFER: No, no, we're not rewarding 2 mobility. We're not rewarding "show 3 up at 50." 4 that, if you decide to do that, if 5 you decide to push that column over 6 to the right to 10 or more, where do 7 you take it away from to get the 8 money? 9 not saying I can get an answer to But if you do reward That's just the issue. 10 this. 11 decide to say everybody who's here 12 for ten years or more can earn their 13 way down to 10 percent, then you've 14 got to take the amount of extra 15 money that's going to cost and take 16 it from somebody. 17 it from? 18 19 TEARNEY: PEFFER: 21 TEARNEY: Who do you take Let me interrupt before you That's my job. I think, in fairness, we did discuss it. 23 PEFFER: 24 TEARNEY: 25 If you get us in more trouble. 20 22 That's the issue. I'm Yeah. And that's just the way we came down. It was -- well, where it 101 1 looked like we were going to come 2 down was that you'd have to be here 3 30 years to get the 10 percent, and 4 we cut that to 25 years, which means 5 you could start here when you're 6 40. 7 there's a sharp -- a sharp decline. 8 And that's just -- that's the way 9 the table came out. 10 But you're absolutely right; CHAIR YANARELLA: Let's see. Could we 11 have Roy Moore in the back and then 12 Judith and then Kaveh Tagavi. 13 MOORE: Just a quick question, Mike. 14 Where does phase retirement fit into 15 all this? 16 TEARNEY: 17 MOORE: 18 TEARNEY: State retirement? Phase. Oh, phase retirement. 19 Actually, we haven't discussed that, 20 but Joey and I have discussed it, 21 and I can't remember. 22 PAYNE: Based on the current proposal, 23 assuming that you qualify to retire, 24 you know, you have to meet the Rule 25 of 75 and be 60 to go on phase 102 1 retirement, it's not going to 2 matter. 3 could matter is if we take a look at 4 Medicare Part D and we think there's 5 just too many holes in it for those 6 people already retired as of July 1, 7 '07, and we decide to grandfather 8 that group, if you will. 9 somebody were already age 65 and on 10 phase retirement, that person might 11 want to go ahead and retire. 12 Because the short answer is: 13 on phase retirement; you're not 14 retired, so you're not in that first 15 category yet. 16 scenario, you might want to retire 17 before July 1, '07, if that 18 distinction was made that we were 19 going to kind of grandfather those 20 people already retired for the 21 prescription drug. 22 way the recommendation is now, 23 there's no need for anything like 24 that, because everybody goes over to 25 the Medicare Part D, so phase The only point where it Then, if You're So you -- in that But based on the 103 1 retirement is not impacted by this 2 at all. 3 CHAIR YANARELLA: 4 LESNAW: Judith. If I understood you correctly, 5 you said that most of our public 6 research benchmark institutions are 7 not going to face this problem, I 8 think you said, because they were 9 under statewide plans and they could 10 go back to the state and ask them to 11 fill in the gaps. 12 is: 13 which it most certainly is, A, and 14 B, if the state has mandated that we 15 at least become a better 16 institution, what is the possibility 17 of getting a state retirement plan, 18 statewide, that would address this 19 problem? 20 going to the state and pointing out 21 that this is a Kentucky problem? 22 TEARNEY: So my question If that is our competition, Yeah. Or what prevents us from The major thing I have 23 seen: The last thing we would want 24 to do is get a state plan. 25 is better than most any state plan Our plan 104 1 I've ever seen. Now, the second 2 part of your question is: 3 understanding that -- it's not a 4 committee matter, but people I have 5 talked to -- that the university 6 does plan to go Frankfort with this 7 issue and, you know, make -- ask for 8 an infusion of funds for it, and 9 hopefully that will be fine. It's my But 10 the state retirement plan right now, 11 they had to come up with 75 million 12 dollars special funding last year to 13 get through the year. 14 two to three billion dollars -- 15 where we have a, whatever the number 16 is, 400 to 700 million-dollar 17 potential liability, the state 18 retirement system for teachers is 19 between two and three billion. 20 you know, what's the probability of 21 us getting it? 22 comment, and I think that the 23 university is planning on trying to 24 do something. 25 CHAIR YANARELLA: And they are So, But it's a good I'd like to give Kaveh 105 1 Tagavi an opportunity and then 2 perhaps one more person. 3 are other questions, I would hope 4 that Joey and Mike and Sean would be 5 able to stay for a few minutes after 6 the meeting. 7 8 9 10 TAGAVI: If there Kaveh. Can you put back that table that goes with age and -TEARNEY: The Age/Service Table or whatever? 11 TAGAVI: 12 TEARNEY: 13 TAGAVI: Yeah. This one? Yeah. I thought that you 14 implied that you don't want people 15 to make a decision to retire or not 16 based on their retirement benefit. 17 I think that's a reasonable 18 philosophy. 19 years old and I have 15 or more but 20 less than 20 years of experience. 21 So if I retire this year, it's 80 22 percent I have to pay. 23 one more year, it's going to be 35. 24 What's the present value of that for 25 the rest of my life, actuarially? So let's say I am 60 If I work 106 1 Do you have a number on that? 2 TEARNEY: 3 TAGAVI: 4 5 No. Is it like $800, or is it $8,000? TEARNEY: It also depends on what you 6 think you're going to -- the 7 interest rate you're going to earn 8 the rest of your life. 9 TAGAVI: But you have -- you must have 10 that assumption, because you have 11 that assumption in everything else. 12 13 TEARNEY: We actually didn't even discuss that 14 TAGAVI: 15 TEARNEY: If you can find out -But I realize what you're 16 saying is true, so I'm not arguing 17 with that, but that wasn't a point 18 that we discussed. 19 someone else, I think. 20 CHAIR YANARELLA: There was One more question. 21 Jeff Dembo will be our last 22 question. 23 DEMBO: There was one other person I 24 thought. Mike, I thought I saw a 25 slide you zipped through that had a 107 1 timetable on it, but you didn't go 2 over it. 3 TEARNEY: Yeah. There are actually two 4 that I'd like to go over. I'm 5 probably going the wrong way. 6 I am. 7 arrows. 8 one first. 9 differences between what currently Yeah, I never can read those I'd like to look at this This is the key 10 exists in the current plan and what 11 our recommendations would change. 12 Number one, I think most 13 importantly: 14 commitment to retiree health 15 benefits. 16 change does not require funding; it 17 requires recognition. 18 words, you must recognize, on your 19 financial statements, that you've 20 got a problem, but you don't have to 21 fund it. 22 course, Angie's on our committee, 23 but the Budget Office has looked at 24 it; the Fiscal Office has looked at 25 it; Appraiser's Office has looked at Funds the university's This new conceptual In other Now, the budget -- of 108 1 it; Controller's Office has looked 2 at it; Butler has looked at it; the 3 President's Cabinet has looked at 4 it. 5 received -- I mean, it's no 6 commitment, but every indication 7 that we have received is that the 8 university is committed to funding 9 whatever, you know, we can come up Every indication that we have 10 with that's reasonable and 11 sustainable, so that would be great 12 for all of us. 13 does, and we talked about this a 14 little bit, but I didn't really 15 emphasize it, is right now, if 16 the -- when a new, you know, UK HMO, 17 when the new year comes out and it's 18 a bad budget year, it is possible 19 for the university to just increase 20 for all of us, for that matter, $21 21 a month like they did a few years 22 ago. 23 recommending, and I realize that it 24 just deals with retirees, but I 25 would assume it would have some The second thing it What this plan is 109 1 carryover benefit, is this says that 2 in the future all cost sharing -- 3 all cost increases would be 4 cost-shared, 10 percent by the 5 retiree and 90 percent by the 6 university, which means that it 7 would go up each year, but it is 8 something that you could plan and 9 budget for, both from the 10 university's perspective and from 11 the retiree's perspective. 12 the second bullet. 13 bullet, I talked about the true 14 retiree rate. 15 the Medicare D, we talked about. 16 The fifth bullet establishes the Age 17 and Years of Service table we talked 18 about, provides access only, new 19 employees, and changes the Medicare 20 carve-out deductible to a calendar 21 year. 22 that we're recommending. 23 our calendar for the rest of the 24 year, we are going to be doing these 25 forums until roughly the end of That's The third The fourth bullet, Those are the main things To look at 110 1 October. The committee will come 2 back together. 3 out all of the questions and 4 comments of you and everyone else. 5 By the way, you've seen our public 6 schedule, if you will, or open 7 meetings. 8 many, if not more, quote/unquote, 9 private meetings. Jolie will have got We're doing at least as Any group that 10 wants us to come and talk to them, 11 as long as they can give us 25 12 people, we'll be there, and we've 13 got -- most of them are like that. 14 So we're going to take all of those 15 questions and comments and give 16 those to the committee, plus 17 everything that Joey and I find out 18 about Medicare D. 19 will revisit all of the issues. 20 We'll do that for the first couple 21 of weeks in November. 22 meet with the Employee Benefits 23 Committee and make a presentation to 24 them regarding our -- you know, 25 where we are at that time. The committee We will then We'll 111 1 work with them. We actually report 2 to Butler, but I think it only makes 3 sense to get the endorsement of the 4 Employee Benefits Committee. 5 work with that committee during 6 November, trying to iron out any 7 differences that may exist between 8 the two committees. 9 together in December with the We'll We'll come back 10 information of the Employee Benefits 11 Committee as well as more on 12 Medicare D, and we'll finalize and 13 make our recommendation to Butler by 14 the end of the year. 15 CHAIR YANARELLA: Okay. Mike, let me thank you 16 for coming to talk with us about 17 this. 18 the committee on the transparency of 19 the presentation, certainly the 20 quality of the decisions, and your 21 emphasis on those key assumptions 22 that you have made that, since they 23 are transparent, have become part of 24 a very, very valuable forum for us 25 here. I want to compliment you and Thank you very much. 112 1 TEARNEY: 2 (APPLAUSE.) 3 CHAIR YANARELLA: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Thank you. If there's no further business, this meeting is adjourned. 113 1 STATE OF KENTUCKY) 2 COUNTY OF FAYETTE) 3 4 I, ROBYN BARRETT, CSR, the undersigned Notary 5 Public in and for the State of Kentucky at Large, 6 certify that the foregoing transcript of the 7 captioned meeting of the University of Kentucky 8 Senate is a true, complete, and accurate transcript 9 of said proceedings as taken down in stenotype by 10 me and later reduced to computer-aided 11 transcription under my direction, and the foregoing 12 is a true record of these proceedings. 13 I further certify that I am not employed by nor 14 related to any member of the University of Kentucky 15 Senate and I have no personal interest in any 16 matter before this Council. 17 My Commission Expires: November 24, 2007. 18 IN TESTIMONY WHEREOF, I have hereunto set my 19 hand and seal of office on this the 23rd day of 20 October, 2005. 21 22 23 _______________________________ 24 ROBYN BARRETT, CERTIFIED SHORTHAND REPORTER, NOTARY PUBLIC, STATE AT LARGE, KENTUCKY 25