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HomeMy WebLinkAboutBUDGET & FINANCE AGENDA 11-17-08 Central Contra Costa Sanitary District 5019 Imhoff Place, Martlllez, CA 94553-4392 (925) 228-9500 . wwwcentlalsan org BUDGET AND FINANCE COMMITTEE Chair McGill Member Nejedly Monday, November 17, 2008 3:00 p.m. Executive Conference Room 5019 Imhoff Place Martinez, California INFORMATION FOR THE PUBLIC ADDRESSING THE COMMITTEE ON AN ITEM ON THE AGENDA Anyone wishing to address the Committee on an item listed on the agenda will be heard when the Committee Chair calls for comments from the audience. The Chair may specify the number of minutes each person will be permitted to speak based on the number of persons wishing to speak and the time available. After the public has commented, the item is closed to further public comment and brought to the Committee for discussion. There is no further comment permitted from the audience unless invited by the Committee. ADDRESSING THE COMMITTEE ON AN ITEM NOT ON THE AGENDA In accordance with state law, the Committee is prohibited from discussing items not calendared on the agenda. You may address the Committee on any items not listed on the agenda, and which are within their jurisdiction, under PUBLIC COMMENTS. Matters brought up which are not on the agenda may be referred to staff for action or calendared on a future agenda. AGENDA REPORTS Supporting materials on Committee agenda items are available for public review at the Reception, 5019 Imhoff Place, Martinez. Reports or information relating to agenda items distributed within 72 hours of the meeting to a majority of the Committee are also available for public inspection at the Reception. During the meeting, information and supporting materials are available in the Conference Room. AMERICANS WITH DISABILITIES ACT In accordance with the Americans With Disabilities Act and Califomia Law, it is the policy of the Central Contra Costa Sanitary District to offer its public meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require special accommodations to participate, please contact the Secretary of the District at least 48 hours in advance of the meeting at (925) 229-7303. A t., Recycled Paper Budget and Finance Committee November 17, 2008 Page 2 1. CALL MEETING TO ORDER 2. PUBLIC COMMENTS 3. OLD BUSINESS a. Contra Costa Lawsuit Regarding Bid Rigging *b. Outstanding Expenditure Questions 4. CLAIMS MANAGEMENT *a. Review Outstanding Claims 5. REPORTS/ANNOUNCEMENTS a. GASB 45 Trust *b. Review draft CAFR and related position paper *c. Update on AIG 6. REVIEW EXPENDITURES (Item 4.a. in Board Binder) 7. ADJOURNMENT * Attachment 3. b. Central Contra Costa Sanitary District November 14, 2008 TO: BOARD BUDGET AND FINANCE COMMITTEE FROM: RANDALL MUSGRAVES DEBBIE RATCLIFF SUBJECT: November 3, 2008 Finance Committee Meeting There were several outstanding questions from the last Board Budget and Finance Committee meeting which required additional staff research. The questions and answers are provided below: 1. Based on the Position Paper to revise Table 1 of the 2008-2009 Capital Improvement Budget, will the Capital Improvement Budget Financial Statement be updated to reflect this increase? Yes, staff will go back and update the CIB estimate for the current fiscal year on the Capital Improvement Budget Financial Statements. 2. Are there any outstanding insurance premium payments that will be paid out of the Self Insurance Fund for this fiscal year? No, all insurance premiums have been paid for this fiscal year. 3. What are the ratings for Toyota and GE Capital commercial paper that the District is invested in? GE Capital has an S & P rating of A 1 + and a Moody's rating of P1. Toyota has the same ratings. Both have a stable outlook and these are the highest ratings that can be given. 4. 172863- Northland Control Systems- What location at the District are the alarms monitored? Northland Control Systems monitors the panic buttons at the Front Desk, Permit Counter and Human Resources. When the alarm is activated, the call goes to Northland and they dispatch the police. The District pays a quarterly fee for this service. co o o N I 'l:t ,.... I > o Z "C Q) - c 'i: a.. 0> C C 00:; .= _ c c 0 Q) "w ~ E ai oQ ~ g. o"ffi ~ ::J 15 ro en 0> ::r:: Q) ro(!)z ro::J()O'> QXenO .3~~~ a:: ::r:: ~~ 00 <(<( ~ CO C') 0 0 0 E C\l cq 0 ~ E c.O C\l ..0 CO 0 'V 0'> CO C') 0'> CO ...- 1.0 :::1 ffi-M~ffi-~ en ffi- ffi- ffi- CI) a... C') :::1 0 I ~ CO "C ~ 0 s::: 0 CI) 'V I c.. 0 C\l >< ...- W 0 , ...- 0 0 l\.Q, t:: Q) 0> "'C 0-= co c 0 en c ro ::r:: en C') E 0 ..... 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C\l C') * C\l C') 1 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS 5 . '0 POSITION PAPER . Board Meeting Date: December 4, 2008 No.: i\ORAFT Type of Action: APPROVE FINANCIAL REPORT Subject: APPROVE THE COMPREHENSIVE ANNUAL FINANCIAL REPORT AS OF JUNE 30, 2008 FOR SUBMISSION TO THE GOVERNMENT FINANCE OFFICERS ASSOCIATION. Submitted By: Debbie Ratcliff, Controller Initiating Dept.lDiv.: Finance & Accounting REVIEWED AND RECOMMENDED FOR BOARD ACTION: #~ James M. Kelly, General Manager R. Musgraves ISSUE: Board approval is requested to submit a Comprehensive Annual Financial Report (CAFR) to the Government Finance Officers Association of United States and Canada (GFOA) for review. RECOMMENDATION: Review and approve the June 30,2008 CAFR for GFOA submission. FINANCIAL IMPACTS: There is an application fee for submission of a CAFR for review based on total revenues of the entity applying. The District fee is $480 based on this sliding fee schedule. AL TERNA TIVES/CONSIDERA TIONS: None for the current year. BACKGROUND: The GFOA is a professional association of state/provincial and local finance officers in the United States and Canada, and has served the public finance profession since 1906. The association's members are dedicated to the sound management of government financial resources and the GFOA provides input to the Governmental Accounting Standards Board (GASB). The GFOA sponsors the Certificate of Achievement for Excellence in Financial Reporting Program. The Finance and Accounting Division has prepared the District's CAFR as of June 30, 2008. The District was awarded a Certificate of Achievement for Excellence in Financial Reporting by the GFOA for reports submitted for the 2000-2007 fiscal years. The Certificate of Achievement is the highest form of recognition for excellence in state and local government financial reporting. In order to be awarded a Certificate of Achievement, a government must publish an easily readable and efficiently organized comprehensive annual financial report. The CAFR includes ten years of historical financial and statistical data. This report must satisfy both generally accepted accounting principles and applicable legal requirements. N:\AOMINSUP\AOMIN\POSPAPER\CAFR 12-04-08.doc Page 1 of 2 POSITION PAPER Board Meeting Date: December 4, 2008 Subject APPROVE THE COMPREHENSIVE ANNUAL FINANCIAL REPORT AS OF JUNE 30, 2008 FOR SUBMISSION TO THE GOVERNMENT FINANCE OFFICERS ASSOCIATION. A Certificate of Achievement is valid for a period of one year only. We believe our current comprehensive financial report continues to meet the Certificate of Achievement Program's requirements and we are asking approval to submit it to the GFOA to determine its eligibility for another certificate. The Board Finance Committee reviewed a draft of the June 30, 2008 CAFR in detail on November 17, 2008 and had no recommended changes. RECOMMENDED BOARD ACTION: Approve the CAFR for submission to the GFOA. N:\AOMINSUP\AOMIN\POSPAPER\CAFR 12-04-08.doc Page 2 of 2 'tt::;'. " comprehensive ~ Annual Financial Report For the Fiscal Year ended June 3D, 2DDB Central Contra Costa Sanitary District 5019 Imhoff Place, Martinez, CA 94553 .5.b. ___,_ _,~~_~.",..__.,..,____,~.,."._,~,.,"_<..,,~,>",_..__...._._._..___".,__'''.. ..." .<_., _... _0 ~.._.." ..,,__, _ '._.. ..._.M.-",,,,,'__'H__ ._ _",_. __..,__,__..._.___M'___~ . CENTRAL CONTRA COSTA SANITARY DISTRICT MARTINEZ, CALIFORNIA COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2008 Prepared By: Finance & Accounting Division CENTRAL CONTRA COSTA SANITARY DISTRICT Comprehensive Annual Financial Report Table of Contents For the Year Ended June 30, 2008 INTRODUCTORY SECTION: Letter of Transmittal.......... ........... ........... ....... ................. ..... .................................. i Board of Directors ............. ...................... ....... ................. ..... ............................. . ..vii Mission Statement ...... ...... .................................................................................. viii Organization Chart........ ...................................................... ................ ................. ix Map of Service Area ....................................... ................. ..................................... x Certificate of Achievement..... ................................................. ............................. xi FINANCIAL SECTION: I ndependent Auditors' Report ...... ........................................... ...... ........... ............. 1 Management's Discussion and Analysis.. ..................................... ........................2 Basic Financial Statements Statement of Net Assets.. ..................... ............... ......................................7 Statement of Revenues, Expenses and Changes in Net Assets................ 8 Statement of Cash Flows........................................................................... 9 Notes to Financial Statements - The accompanying notes are an integral part of the basic financial statements .....................................................10 Supplementary Information Combining Schedule of Statement of Net Assets..................................... 29 Combining Schedule of Statement of Revenues, Expenses and Changes in Net Assets...... ....... .......... ....................................................30 Schedule of Running Expenses - Comparison of Budget and Actual Expenses by Department ............................. .............. .... ........................31 Running Expense - Schedule of Supplemental Net Assets Analysis .......32 STATISTICAL SECTION (Unaudited): Changes in Net Assets and Statement of Net Assets - Last Six Fiscal years......... ........ .................. .................................................. S-1 Revenue by Type - Last Ten Fiscal Years.. .............. ............... ......................... S-2 Operating Expenses by Type - Last Ten Fiscal Years ...................................... S-3 Major Revenue Base and Rates - Historical and Current Fees - Last Ten Fiscal years...................... ...................... ... ..................................... S-4 Sewer Service Charge - List of Ten Largest Customers- Last Six Fiscal years................ .............................................. ....................... S-5 Assessed and Estimated Actual Valuation of Taxable Property- Last Ten Fiscal Years .................................................................................... S-6 Property Tax and Sewer Service Charge Fees Levied and Collected - Last Ten Fiscal years....... ............... .................... ........ .... .............................. S-6 .. _ _______,_.__,.~._____._~__~__~__."_._.__.__,.._._...._.^_..._k.._~_.~____.___.__.,___...~_._~.._._.___._.___-_.._______>_._.,._____ Summary of Debt Service - Type, Debt Service Coverage, Debt Ratio - Last Ten Fiscal years.... ............... ............................................... .................. S-7 Demographic and Economic Data - Population Served - Last Ten Calendar years................................................................. .............. S-8 List of Ten Largest Employers in Contra Costa County - Last Year and Nine Years Ago........ ......................................................... ...... S-8 Demographic and Economic Statistics - Contra Costa County - Last Ten Fiscal years............................................................ ........................ S-9 Full-time Equivalent Employees by Department - Last Ten Fiscal years........ S-1 0 Number of Retirees and Surviving Spouses - Last Ten Fiscal years.............. S-10 Capital Asset and Operating Statistics - Last Ten Calendar or Fiscal Years.. S-11 Miscellaneous Statistics.................................................................................. S-11 Central Contra Costa Sanitary District Introductory Section , t . November 13, 2008 Central Contra Costa Sanitary District Ratepayers and The Honorable Board of Directors, Martinez, California: State law requires that every general-purpose local government publish within six months of the close of each fiscal year a complete set of audited financial statements. This report is published to fulfill that requirement for the fiscal year ended June 30, 2008. Management of Central Contra Costa Sanitary District assumes full responsibility for the completeness and reliability of the information in these financial statements, based upon a comprehensive system of internal controls that is established for this purpose. Because the cost of internal control should not exceed anticipated benefits, the objective is to provide reasonable, rather than absolute, assurance that the financial statements are free of any material misstatements. Cropper Accountancy Corporation has issued an unqualified ("clean") opinion on the Central Contra Costa Sanitary District's financial statements for the year ended June 30, 2008. The independent auditor's report is located at the front of the financial section of this report. Management's Discussion and Analysis report (MD&A) immediately follows the independent auditor's report and provides a narrative introduction, overview, and analysis of the basic financial statements. The MD&A complements this letter of transmittal and should be read in conjunction with it. PROFILE OF THE GOVERNMENT History and Services Provided The District was established in 1946 under the Sanitary District Act of 1923 and is located about 30 miles east of San Francisco. The District builds, operates and maintains the facilities required to collect and process wastewater for approximately 317,000 residents of Danville, Lafayette, Martinez, Moraga, Orinda, Pleasant Hill, San Ramon, Walnut Creek and some of the unincorporated communities within Central Contra Costa County. The District also treats wastewater for 135,000 residents of the Cities of Concord and Clayton under a 1974 contract with the City of Concord. The District is committed to protecting the public health and preserving the environment while minimizing facility and operating costs. The District has approximately 1 ,500 miles of sewer pipeline, ranging in size from 6 inches to 120 inches in diameter, and 18 sewage-pumping stations in the District's sewage collection system. The District is the sole provider of wastewater service within the District limits (see map of service area). Residents make up the largest segment of the District's customer base representing approximately 80% of the Sewer Service Charge revenue. The District's treatment capacity has grown from 4.5 million gallons per day (mgd) initiated in 1948 to 53.8 mgd currently. Bonds, state grants, federal grants, and pay-as-you-go resources of the District have financed expansions. The District also provides an alternative source of water for irrigation by producing high quality recycled water. Recycled water can safely be used on freeway landscaping, street medians, golf courses, athletic fields, parks, playgrounds, schoolyards and multi- family residential common areas. In addition to its wastewater responsibility, the District also teamed with Mountain View Sanitary District and other local governments to build and operate the first permanent Household Hazardous Waste (HHW) Collection Facility in Contra Costa County. The HHW Collection Facility is located adjacent to the District's wastewater treatment plant and seeks to keep pollutants out of the sewer system, making this facility an important part of our Pollution Prevention Program. Oroanization. Accountina and Budaetarv Controls A 5-member Board of Directors governs the District. Board members are elected on a non-partisan basis and serve a four-year term. The Board appoints the General Manager, who in accordance with policies established by the Board of Directors, manages District affairs. The District employs 259 regular employees organized in four departments led by Department Directors responsible for their budgets and expenses. The four departments are: Administrative, Engineering, Operations, and Collection Systems. The District uses an enterprise fund to account for the operations of the District, which is run in a manner similar to private industry. The District currently has one enterprise fund which is comprised of four internal sub-funds: · Running Expense - accounts for the general operations of the District. Substantially all operating revenues and expenses are accounted for in this fund (also referred to as Operations & Maintenance or O&M). · Sewer Construction - accounts for non-operating revenues that are to be used for acquisition or construction of plant, property, and equipment (also referred to as the Capital Fund). · Self-Insurance - accounts for interest earnings on cash balances in this sub-fund and cash allocations from other funds, as well as costs of insurance premiums and claims not covered by the District's insurance policies. ii · Debt Service Fund - accounts for activity associated with the payment of the District's long term bonds and loans. Each year, the Board adopts the following six budgets: Staffing Plan, Capital Improvement, Operations and Maintenance, Equipment, Self-Insurance, and Debt- Service. The Board Finance Committee reviews disbursements prior to each regular Board meeting, and disbursements are then approved by the full Board. Monthly financial statements are issued to management and the Board. A detailed mid-year and annual budget analysis are prepared and presented to the Board. District management is accountable for variances and adhering to budget constraints. The District also has several documented financial policies that are reviewed and updated as appropriate. ASSESSING THE DISTRICT'S ECONOMIC CONDITION Local Economv and Outlook The current economic news is bleak and unprecedented. Bank failures abound, both in the U.S. and abroad. The government has responded with a $700 billion bail-out, but investor confidence still appears to be weak. According to the Wall Street journal, the stock market plunged 21 % in the seven day period beginning October 1, 2008, and 39% comparing October 2008 to October 2007. Oil prices and energy costs have risen, with gasoline reaching a high of $4.50 per gallon in recent months, followed by some cost relief. Home prices have fallen, mainly due to the glut of foreclosed homes due to the sub-prime mortgage crisis. Consumer demand is down and retailers are already predicting a slow holiday season. According to the Legislative Analyst's Office (LAO), the current situation and outlook for California are similar to the nation as a whole. California faces a huge budget deficit and the overall economic picture of California shows signs of a softening economy with revenue receipts trailing estimates. Unemployment rates are increasing and problems with the housing market continue. Housing is a key variable in California. The problems created by the sub-prime loans are peaking. Approximately 150,000 variable rate loans will reset by the end of 2008 and only about 70,000 homes will reset in 2009. Per the UCLA forecast, housing prices have yet to hit bottom in many parts of the country and the state, and probably won't begin appreciating in value until next year or 2010. The California economy is expected to muddle along this year and next, with recovery depending in part on a bottoming out of the slide in housing prices. It is anticipated that California will experience a no growth economy. Growth should resume at somewhere near normal levels in 2010, after a flat 2009. There is a lot of debate going on about the state of the economy and an underlying assumption of the California portion of the UCLA forecast is that the financial system will not freeze up. On a positive note, the District anticipates growth in Dougherty Valley and reuse of the Concord Navel Weapons Station for housing that the District will serve. There is also an increased need for recycled water within Contra Costa County for urban land uses due to below average rainfall, very low snowmelt runoff, and the largest court ordered Hi water transfer restrictions in state history. The timing of growth will depend on economic conditions. Fortunately, the District's primary operating revenues are sewer service charge from District customers and the City of Concord. The District also receives a portion of the one-percent property tax levied by the Contra Costa County. The District is fortunate to participate in the California's alternative method of apportionment called the Teeter Plan. Under the Teeter plan the County advances the full amount of property tax and other levies to the District based on the tax levy rather than the actual tax collections by the County. The County assumes the risk of delinquencies and in turn retains the penalties and accrued interest. Even though homeowners are bailing on their property tax bills, given the current housing melt down, the County still anticipates collecting the taxes. Growth is anticipated to be flat for at least two years. The District has an excellent reputation in all areas of public service, which include finance, collection, treatment, training, safety, technology, capital projects, construction and customer service. The Central Contra Costa Sanitary District has balanced revenue sources, adequate reserves, and a low debt obligation, which will enable the District to meet the demands of future budgets. CCCSD reviews its rate and other charges annually. The District can increase its Sewer Service Charge rates when needed to make up revenue shortfalls by providing public notice to all customers, holding a Public Hearing, and obtaining approval by the Board of Directors. LonQ Term Financial PlanninQ District management analyzes and updates their strategic plan annually, with the four main goals being: providing exceptional customer service, maintaining full regulatory compliance, maintaining responsible rates, and continuing to be a high performance organization. Strategies to achieve each of the goals are developed, as well as metrics to evaluate success. The District performs a 10-year long-term cash flow forecast each year shortly before the budget process begins. The main economic factors usually considered in long range forecasting are: the impact of state legislation and mandates, regulatory compliance, GASB requirements, negotiated salary increases and employee benefits including significant increases in retirement and health care costs, energy costs and interpreting the energy market, and housing growth. Maior Initiatives The District's vision it to be a high performance organization that provides exceptional customer service and full regulatory compliance at responsible rates. Full regulatory compliance is provided through exceptional operation of our collection system and treatment facilities as well as through continued investment in our infrastructure. Our current capital plan has an emphasis on collection system renovation in order to fix deteriorating pipes and pumping stations before they can contribute to a sewer system overflow. Both at the State and Federal level, regulations addressing sewer system overflows and public notification have become increasingly stringent over the last iv several years. Collection system operations will be enhanced by the planned construction of a new administration/crew/warehouse building which is being designed to be LEED certified and will incorporate many green design features. LEED represents "Leadership in Energy and Environmental Design", which is administered by the U.S. Green Building Council. Our current capital plan is also addressing treatment plant reliability through design and construction of three necessary projects. The standby power project, will provide new engine generators to ensure that adequate power is available to run the plant in the event of a utility power outage. A second project, the wet weather improvement project, will ensure that extreme wet weather flows that overwhelm the capacity of the plant outfall and holding ponds can be discharged to Walnut Creek. A third project, the solids handling improvements project, will ensure that sludge can be hauled to proper disposal in the event of a failure of our incineration system. The District has received Platinum and Gold awards from the National Association of Clean Water Agencies (NACWA) for ten straight years in recognition of 100 percent compliance with our National Pollutant Discharge Elimination (NPDES) permit. Recently, the U.S. Environmental Protection Agency selected the District as the second place winner of the 2008 Operations and Maintenance Excellence Awards in the category of Large Secondary Treatment Plant. AWARDS AND ACKNOWLEDGEMENTS The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the Central Contra Costa Sanitary District for its CAFR for the fiscal year ended June 30, 2007. This was the eighth consecutive year that the District has achieved this prestigious award. In order to be awarded a Certificate of Achievement, a government must publish an easily readable and efficiently organized comprehensive annual financial report. This report must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe that our current CAFR continues to meet the program's requirements and we are submitting it to the GFOA to determine its eligibility for another certificate. This report could not have been accomplished without the dedication and commitment provided by District staff. I would like to express my appreciation to the following employees who assisted in its preparation: · The Finance and Accounting staff who compiled the information contained in this document with a special thanks to Thea Vassallo, Accountant, and Colette Curtis- Brown, Finance Administrator. v · The Reproduction and Graphics Team who creatively and professionally prepared this finished document. · Engineering and Operations staff who provided much of the statistical information included in this document. · The District's Board of Directors and Management Team for their support in preparing this document as well as their day-to-day support in conducting the financial operations of the District in a prudent and responsible manner. Respectfully submitted, // Deborah Ratcli Controller vi CENTRAL CONTRA COSTA SANITARY DISTRICT BOARD OF DIRECTORS June 30, 2008 Gerald R. Lucey .............................................. President Barbara D. Hockett ........................... President Pro-Tern Michael R. McGill............................................... Member Mario M. Menesini.............................................. Member James A. Nejedly ............................................... Member vii '(sD ~ ..~ ","~ ~~~ Central Contra Costa Sanitary District ,,"'''~tJi.:{;':' , OUR MISSION . .111..-' -:Y~ To protect the public health and the environment by: · Collecting and treating wastewater · Recycling high quality water · Promoting pollution prevention OUR VISION -:Y~ Be a high performance organization that provides exceptional customer service and full regulatory compliance at responsible rates. OUR VALUES -:Y~ We will achieve our goals by valuing: · Each other · Ethics and integrity · A healthy and safe environment · Community relationships · The meeting of commitments · All aspects of diversity 0021-10/08 . . :::.~. ~.::--ij viii t; ;;;;,s u.. 0- I- U) ~8. ~ E ~ 0 zO <( . 001:: ~ ns cn-C 80 ~ C I- 02 z.. o ca U N ...JOc ~ ca !ze>> ~O lii l6' i ~ ; C Gl G '" C o "" l!!5 !~ -oll) Qi u: 'Og' ~'C {l~ e,- ._ Cl DC W s C'" GlQ) E" ~'~ >lI) C W tl Q) 'e- o. C ~l ~!! E ti c:-:5 Ol'" ~i5 Jl~ '0 ix 24 / Q - CCCSD Pumping Stations 1. Martinez 2. Fairview 3. Maltby 4. Clyde 5. BatesAvenue 6. Concord Industrial 7. Buchanan Field L.S.1 8. Buchanan Field L.S.2 9. Sleepy Hollow Wastewater collection and treatment and HHW collection for 317,384 people Wastewater treatment and HHW collection for 134,560 residents in Concord and Clayton by contract . HHW collection service only CCCSD's Headquarters Office Building treatment plant, and HHW Collection Facility located in Martinez CCCSD's Collection System Operations Department (sewer maintenance) located in Walnut Creek . x 10. Wagner Ranch School 11. Acacia 12. Flush Kleen 13. Lower Orinda 14. Bates Blvd.-Orinda 15. Orinda Cross roads 16. Via Robles 17. Moraga 18. Larwin M Concord North Metering Certificate of Achievement for Excellence in Financial Reporting Presented to Central Contra Costa Sanitary District, California For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2007 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting. ~ ~. ax President ~/~ Executive Director xi Central Contra Costa Sanitary District Financial Section r I . Cropper Accountancy Corporation Certified Public Accountants 2977 Ygnacio Valley Road, #460 Walnut Creek, California 94598 Tel: (925) 932-3860 Fax: (925) 932-3862 INDEPENDENT AUDITORS' REPORT To the Board of Directors of Central Contra Costa Sanitary District Martinez, California We have audited the accompanying financial statements of the Central Contra Costa Sanitary District as of and for the years ended June 30, 2008 and 2007, as listed in the table of contents. These basic financial statements are the responsibility of the District's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the State Controller's Audit Requirements for California Special Districts. Those standards require that we plan and perform the audit to obtain a reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Central Contra Costa Sanitary District as of June 30, 2008 and 2007, and the results of its operations and its cash flows for the years then ended in conformity with accounting principles generally accepted in the United States of America, as well as accounting systems prescribed by the State Controller's office for special districts. The Management's Discussion and Analysis is not a required part of the basic financial statements but is supplemental information required by the Government Accounting Standards Board. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit this information and express no opinion on it. Our audit was performed for the purpose of forming an opinion on the financial statements taken as a whole. The financial information listed as supplementary information in the table of contents is presented for purposes of additional analysis and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements taken as a whole. The introductory and statistical sections, as listed in the table of contents, have not been audited by us and accordingly, we do not express an opinion on them. tuf't- Ate. C4A...Jr~ &pct'Ith~ CROPPER ACCOUNTANCY CORPORATION September 12, 2008 Central Contra Costa Sanitary District 5019 1Illl1Off Pld((' Martinez CA 94553-4392 1925) 228 9500 . wwwccntlalSilnolg MANAGEMENT'S DISCUSSION AND ANALYSIS This section of the District's annual financial report presents an analysis of the District's financial performance during the fiscal year ended June 30, 2008. This information is presented in conjunction with the audited financial statements, which follow this report. FINANCIAL HIGHLIGHTS The District's 2007-08 financial highlights are listed below. These results are discussed in more detail later in the report. . The District's total ending net assets increased by $17.9 million or 3.06% in 2007-08 when compared to fiscal year 2006-07 . Total revenues were $82.2 million in 2007-08 compared to $79.7 million in 2006-07 . Total 2007-08 expenses were $75.0 million compared to $71.1 million in 2006-07 . Capital Contributions decreased from $12.4 million in 2006-07 to $10.7 million in 2007-08 OVERVIEW OF THE FINANCIAL STATEMENTS This annual report includes the management's discussion and analysis report, the independent auditor's report and the basic financial statements of the District. The financial statements also include notes that explain information in the financial statements in more detail. REOUIRED FINANCIAL STATEMENTS The Financial Statements of the District report information utilizing methods similar to those used by private sector companies. These statements offer short and long-term financial information about its activities. . Statement of net assets - reports the District's current financial resources (short-term spendable resources) with capital assets and long-term obligations . Statement of revenues, expenses and changes in net assets - reports the District's operating and non-operating revenues by major source along with operating and non-operating expenses and capital contributions . Statement of cash flows - reports the District's cash flows from operating activities, investing, capital and noncapital financing activities 2 A "., Recycled Paper STATEMENT OF NET ASSETS The following table shows the condensed statement of net assets of the Central Contra Costa Sanitary District for the past two years: Condensed Statement of Net Assets Fiscal Year Fiscal Year Dollar Percent 2007-2008 2006-2007 Chanl!e Change Current Assets $ 86,373,020 $ 80,148,191 $ 6,224,829 7.77% Capital Assets 560,288,889 543,622,261 16,666,628 3.07% Other Non-current Assets 5,219,183 5,506,090 (286,907) -5.21% Total Assets 651.881.092 629.276.542 22.604.550 3.59% Current Liabilities 19,261,007 12,278,750 6,982,257 56.86% Non-Current Liabilities 31,009,990 33,261,915 (2,251,925) -6.77% Total Liabilities 50.270.997 45.540 665 4.730.332 10.39% Invested in Capital Assets, Net of Related Debt 532,375,068 513,580,658 18,794,410 3.66% Restricted - Debt Service 3,185,416 3,216,163 (30,747) -0.96% Unrestricted 66,049,611 66,939,056 (889,445) -1.33% Total Net Assets $ 601.610,095 $ 583,735.877 $ 17.874.218 3.06% The total net assets of the District increased to $601.6 million in 2007-08, a $17.9 million increase from 2006-2007. The increase in net assets is the result of net income of $7.2 million and capital contributions of $1 0.7 million (shown in the next table). By far the largest portion of the District's net assets (88.5% percent) reflects its investment in capital assets (e.g. land, buildings, machinery, equipment, and sewer line infrastructure), less any related debt used to acquire those assets that is still outstanding. The District uses these capital assets to provide services to its ratepayers; consequently, these assets are not available for future spending. Although the District's investment in its capital assets is reported net of debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. There is currently $3.2 million restricted for debt service. The remaining balance of unrestricted net assets ($66.0 million) may be used to meet the District's ongoing obligations to its ratepayers and creditors. This space intentionally left blank 3 REVIEW OF REVENUES. EXPENSES. AND CHANGES IN NET ASSETS The following table shows the condensed statement of revenues, expenses, and changes in net assets for the Central Contra Costa Sanitary District: Condensed Statement of Revenues, Expenses, and Changes in Net Assets Fiscal Year Fiscal Year 200 2008 2006-2007 Dollar Ch Percent Ch 7- anl!e an2e Sewer Service Char~es (SSC) $ 48,414,017 $ 44,100,883 $ 4,313,134 9.78% Other Service Charges and misc. 1,465,569 1,657,238 (191,669) -11.57% Total Operatin2 Revenue 49.879.586 45.758.121 4.121.465 9.01% Customer Contributions (SSe) 14,970,637 15,945,915 (975,278) -6.12% Property Tax 12,254,168 11,762,731 491,437 4.18% Pennit & Inspection Fees 1,335,160 1,615,308 (280,148) -17.34% All Other 3,771,438 4,574,156 (802,718) -17.55% Total Non-Operatin2 Revenues 32.331.403 33.898.110 (1,566.707) -4.62% Total Revenues 82.210.989 79.656.231 2.554.758 3.21010 Total Labor and Benefits 37,312,472 34,678,665 2,633,807 7.59% Chemicals & Utilities 7,223,877 7,024,986 198,891 2.83% Repairs and Maintenance 2,985,670 3,254,643 (268,973) -8.26% Professional, LeJ!;al and Outside Services 2,613,658 2,298,712 314,946 13.70% Materials & Supplies 1,728,963 1,734,504 (5,541) -0.32% Haulin~ and Disposal 877 ,885 850,439 27,446 3.23% Self-Insurance Expense 916,639 519,284 397,355 76.52% All Other 1,247,298 1,444,082 (196,784) -13.63% Depreciation Expense 18,615,747 17,714,714 901,033 5.09% Total Ooerating Expenses 73,522,209 69,520,029 4,002.180 5.76% Non-Operating Expense - Interest Expense 1,518.142 1.609.104 (90.962) -5.65% Total Exoenses 75.040.351 71,129,133 3.911.218 5.50% Income (Loss) Before Capital Contributions 7 170.638 8.527.098 (1.356.460) -15.91% Contributed Sewer Lines 1,444,420 3,521,704 (2,077,284) -58.99% Capital Contributions - Connection Fees 9,259,160 8,917,658 341,502 3.83% Total Capital Contributions 10.703.580 12,439.362 (1.735.782) -13.95% Chaol!e in Net Assets 17.874.218 20.966.460 (3.092.242) -14.75% Beeinninl! Net Assets 583.735.877 562.769.417 20.966.460 3.73% Endin2 Net Assets S 601.610.095 S 583.735.877 S 17.874,218 3.06% In 2007-08, operating revenues increased by $4.1 million or 9.0%; non-operating revenue decreased by $1.6 million or -4.6%. The change in total revenue resulted in an increase of $2.6 million or 3.2%. The SSC rate increased in 2007-08 by 3.7%, and the Sewer Service allocation between operating and non- operating revenue changed in 2007-08, reflecting a $4.3 million increase in sse Operating Revenue and the $1.0 million decrease in non-operating revenue. Property Tax revenue had a modest $500,000 increase due to a 4% growth to the tax base, in spite of the sub-prime mortgage crisis. In 2007-08, permit and inspection fees decreased in the struggling economy, and lower interest earnings on District investments resulted in a $1.1 million revenue decrease compared to 2006-07. 4 In 2007-08, operating expenses increased by $4.0 million or 5.8%. This is mainly due to increases in total labor, depreciation expense, increased self-insurance claims, technical services, chemical, and utility costs. The District booked the second annual GASB 45 liability accrual in the amount of $2.8 million, which is included in employee benefits. Depreciation expense increased by $900,000, reflecting new capital additions. Non-Operating Expense, which is made up of debt service interest expense decreased slightly as more principal was paid off. Total 2007-08 income before capital contributions decreased from $8.5 million in 2006-07 to $7.2 million in 2007-08 for a net decrease of $1.4 million or -15.9%. Capital contributions in 2007-08 were $10.7 million compared to $12.4 million in 2006-2007, resulting in a decrease of $1.7 million or -14.0%. This was mainly due to less contributed sewer lines and connection fees increased due to one-time revenues in spite of housing construction slowing in general. The total change in net assets increased from $583.7 million in 2006-07 to $601.6 million in 2007-08. CAPITAL ASSETS As of ~une 30, 2008, the District's investment in capital assets totaled $560.4 million, which is an increase of $16.8 million or 3.08% over the capital asset balance of $543.6 million at June 30, 2007. Capital assets include the District's entire major infrastructure including wastewater treatment facilities, sewers, land, buildings, pumping stations, vehicles, and furniture and equipment exceeding our capitalization policy limit of $5,000, net of depreciation. A comparison of the District's capital assets over the past two fiscal years is presented below: Fiscal Year Fiscal Year Dollar Percent C . aoital Assets 2007-2008 2006-2007 Chan2e Chan2e Land $ 17,114,720 $ 17,114,720 $ - 0.00% Sewap;e Collection System 242,806,977 226,796,748 16,010,229 7.06% Contributed Sewer Lines 145,596,316 144,151,897 1,444,419 1.00% Outfall Sewers 8,518,443 8,518,443 - 0.00% Sewae:e Treatment Plant 264,327,208 255,008,296 9,318,912 3.65% Recycled Water Infrastructure 11,936,662 11,726,507 210,155 1.79% Pumpinp; Stations 51,632,331 50,082,876 1,549,455 3.09% Buildine:s 19,987,656 19,537,601 450,055 2.30% Furniture & EauiDment 13,730,782 12,951,529 779,253 6.02% Motor Vehicles 5,224,941 4,575,910 649,031 14.18% Construction In Prou;ress 28,515,814 24,536,196 3,979,618 16.22% Subtotal 809.391.850 775.000.723 34.391.127 4.44% Less Accumulated Depreciation 249,002,961 231,378,462 17,624,499 7.62% Total Capital Assets (net of depreciation) $ 560.388.889 $ 543.622.261 $ 16.766.628 3.08% The major reasons for the increase of $16.8 million in capital assets, net of depreciation, are: · Sewer pipe ongoing renovations, pumping station improvements, and contributed sewer lines ($19 million) · Treatment plant infrastructure renovations, upgrades, equipment, and improvements ($9.3 million) · Construction In Progress increased by $4.0 million due to increased project activity · Buildings, Recycled Water Infrastructure, Furniture & Equipment, and Motor Vehicles ($2.1 million) 5 . These increases are offset by an increase in accumulated depreciation due to our increasing capital asset value and its associated depreciation expense (-$17.6 million) See Note #4 in the audited financial statements. DEBT ADMINISTRATION The District has the following outstanding debt as of June 30, 2008: 1998 Revenue Refunding Bonds 2002 Revenue Bonds Water Reclamation Loan Contract $ 12,292,648 14,220,000 1,629,250 28,141,898 $ See Note #6 in the audited financial statements. ECONOMIC AND OTHER FACTORS Changes in the state budget have a significant impact on the District. The State currently faces a huge budget deficit. Previous California budget deficits were partially remedied by shifting a portion of local property tax to the state in 2004-05 and 2005-06. The tax shift ended in 2006-07, and the voters passed Proposition lA that mandates the State repay any future property tax that it borrows. Still, there were several proposals made in the 2008-09 budget process that could either allow for borrowing special district property tax, or eliminating it by shifting it to other government programs. It is probable that our property tax income will be eliminated by some means in the future. Regulatory requirements are becoming more stringent, causing the District to spend more on compliance, both for operations and maintenance costs and capital projects. Interest rates remain low, and this negatively impacts interest earnings. The future state of the economy, and the impact to the District, is in question at this time due to large drops in the stock market and failing investment companies. In addition to making efforts to reduce spending and improve process efficiencies, the District has the ability to raise the Sewer Service Charge to meet our long-term commitments. FINANCIAL CONTACT The financial report is designed to provide our customers and creditors with a general overview of the District's fmances and to demonstrate the District's accountability for the money it receives. If you have questions about this report or need additional financial information, contact: Controller, Central Contra Costa Sanitary District, 5019 Imhoff Place, Martinez, CA 94553. 6 FINANCIAL STATEMENTS CENTRAL CONlRA COSTA SANITARY DISTRICT Statement of Net Assets June 30, 2008 and 2007 2008 2007 ASSETS Current Assets Cash and investments available for operations $ 66,665,766 $ 63,865,052 Accounts receivable 17,002,243 13,907,341 Interest receivable 340,273 61,207 Parts and supplies 1,612,059 1,543,018 Prepaid expenses 652,679 771,573 Total Current Assets 86,273,020 80,148,191 Noncurrent Assets Restricted cash and investments 3,696,773 3,569,117 Land, property, plant and equipment, net of accumulated depreciation 531,773,075 519,086,064 Construction in progress 28,515,814 24,536,197 Contractual assessment district receivable 1,394,333 1,678,216 Revenue bond issuance costs, net of amortization 228,077 258,757 Total Noncurrent Assets 565,608,072 549,128,351 Total Assets 651,881,092 629,276,542 LIABILITIES Current Liabilities Accounts payable and accrued expenses 8,673,582 5,143,848 Interest payable 419,656 440,824 Current portion of refunding revenue bonds 2,300,000 2,210,000 Current portion of water reclamation loan contract 144,759 141,090 Current portion of accrued compensated absences 790,000 Liability for uninsured claims 629,820 629,820 Other postemployment benefits 5,990,813 3,157,887 Refundable deposits 312,377 555,281 Total Current Liabilities 19,261,007 12,278,750 Noncurrent Liabilities Revenue bonds, net of current portion 24,212,648 26,320,020 Accrued compensated absences, net of current portion 5,312,851 5,312,645 Water reclamation loan contract, net of current portion 1,484,491 1,629,250 Total Noncurrent Liabilities 31,009,990 33,261,915 Total Liabilities 50,270,997 45,540,665 NET ASSETS Invested in capital assets, net of related debt 532,375,068 513,580,658 Restricted for debt service 3,185,416 3,216,163 Unrestricted 66,049,611 66,939,056 Total Net Assets $ 601,610,095 $ 583,735,877 The accompanying notes are an integral part of the fmancial statements 7 CENTRAL CONTRA COSTA SANITARY DISTRICT Statement of Revenues, Expenses, and Changes in Net Assets Years Ended June 30, 2008 and 2007 2008 2007 OPERA TING REVENUE Sewer service charges (SSe) $ 40,207,157 $ 35,057,668 Service charges - City of Concord 8,206,860 9,043,215 Other service charges 869,589 793,395 Miscellaneous charges 595,980 863,843 Total operating revenue 49,879,586 45,758,121 OPERATING EXPENSES Sewage collection and pumping stations 10,905,468 10,332,732 Sewage treatment 22,054,203 21,438,368 Engineering 6,332,830 5,472,707 Administrative and general 15,613,961 14,561,508 Depreciation 18,615,747 17,714,714 Total operating expenses 73,522,209 69,520,029 OPERATING LOSS (23,642,623) (23,761,908) NON-OPERATING REVENUES (EXPENSES) Taxes 12,254,168 11,762,731 City of Concord cash contributions to capital costs 5,336,273 3,435,512 Customer cash contributions to capital cost (SSC) 9,634,364 12,510,403 Permit and inspection fees 1,335,160 1,615,308 Interest earnings 2,527,621 3,257,773 Interest expense (1,518,142) (1,609,104) Other income (expense) 1,243,817 1,316,383 Total non-operating revenues (expenses) 30,813,261 32,289,006 Income before contributions and transfers 7,170,638 8,527,098 Contributed sewer lines 1,444,420 3,521,704 Capital contributions - connection fees 9,259,160 8,917,658 CHANGE IN NET ASSETS 17,874,218 20,966,460 Total Net Assets - Beginning 583,735,877 562,769,417 Total Net Assets - Ending $ 601,610,095 $ 583,735,877 The accompanying notes are an integral part of the financial statements 8 CENTRAL CONTRA COSTA SANITARY DISTRICT Statement of Cash Flows Years Ended June 30, 2008 and 2007 2008 2007 Cash Flows From Operating Activities: Receipts from customers and users $ 46,825,663 $ 41,606,988 Payments to suppliers (7,360,135) (11,878,232) Payments to employees and related benefits (40,326,309) (34,004,606) Net cash provided by (used in) operating activities (860,781) (4,275,850) Cash Flows From Noncapital Financing Activities: Receipt of taxes 12,254,168 11,762,731 Inspectionlpennit fees and other non-operating income 2,578,977 2,931,692 Net cash provided by (used in) non capital 14,833,145 14,694,423 and related financing activities Cash Flows From Capital And Related Financing Activities: Capital contributions 14,970,637 15,945,915 Connection fees 9,259,160 8,917,658 Acquisition and construction of capital assets (33,855,254) (39,768,810) Principal paid on bonds (2,158,462) (2,079,887) Interest paid on bonds (1,508,630) (1,793,559) Net cash provided by (used in) capital and related financing activities (13,292,549) (18,778,683) Cash Flows From Investing Activities Interest received 2,248,555 3,961,292 Net decrease in cash and cash equivalents 2,928,370 (4,398,818) Cash and cash equivalents, July 1 67,434,169 71,832,987 Cash and Cash equivalents, June 30 $ 70,362,539 $ 67,434,169 Reconciliation of operating loss to net cash provided (used) by operating activities Operating gain (loss) (23,642,623) (23,761,908) Adjustment to reconcile operating income to net cash provided (used) by operating activities: Depreciation expense 18,615,747 17,714,714 Net book value on capital assets retired 17,299 142,652 (Increase) decrease in: Accounts receivable (2,811,019) (2,493,895) Parts and supplies (69,041) 19,001 Prepaid expenses 118,895 443,538 Increase (decrease) in: Accounts payable and accrued expenses 3,529,733 428,269 Refundable deposits (242,904) (38,935) Other postemployment benefits 2,832,926 3,157,887 Accrued compensated absences 790,206 112,827 Net cash provided by (used in) operating activities $ (860,781) $ (4,275,850) Noncash investing, capital, and financing activities Contributions of capital assets $ 1,444,420 $ 3,521,704 End of Period: Unrestricted cash and equivalents $ 66,665,766 63,865,052 Restricted cash and equivalents 3,696,773 3,569,117 $ 70,362,539 $ 67,434,169 The accompanying notes are an integral part of the financial statements 9 _.__._-,----~_. ._-._.,",...........~_._~"...._...^-_...."."-"'--'"< NOTES TO THE FINANCIAL STATEMENTS CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Reporting Entity The Central Contra Costa Sanitary District, a special district and a public entity established under the Sanitary District Act of 1923, provides sewer service for the incorporated and unincorporated areas under its jurisdiction. A Board of Directors comprised of five elected members governs the District. As required by accounting principles generally accepted in the United States of America, these basic financial statements present Central Contra Costa Sanitary District and its component unit. The component unit discussed in the following paragraph is blended in the District's reporting entity because of the significance of its operational or financial relationship with the District. Blended Component Unit - Component units are legally separate organizations for which the District is financially accountable. Component units may also include organizations that are fiscally dependent on the District, in that the District approves their budget, the issuance of their debt or the levying of their taxes. In addition, component units are other legally separate organizations for which the District is not financially accountable but the nature and significance of the organization's relationship with the District is such that exclusion would cause the District's financial statements to be misleading or incomplete. For financial reporting purposes, the component unit discussed below is reported in the District's financial statements because of the significance of its relationship with the District. The component unit, although a legally separate entity, is reported in the financial statements using the blended presentation method as if it were part of the District's operations because the Governing Board of the component unit is essentially the same as of governing board of the District and because its purpose is to finance facilities to be used for the direct benefit of the District. The Central Contra Costa Sanitary District Facilities Financing Authority was organized solely for the purpose of providing financial assistance to the District by acquiring, constructing, improving and financing various facilities, land and equipment purchases, and by leasing or selling certain facilities, land and equipment for the use, benefit and enjoyment of the public served by the District. The Corporation has no members and the Board of Directors of the Corporation consists of the same persons who are serving as the Board of Directors of the District. There are no separate basic financial statements prepared for the Corporation. Basis of Accounting The District's financial statements are prepared on the accrual basis in accordance with accounting principles generally accepted in the United States of America as promulgated by the Government Accounting Standards Board (GASB). In addition, the District applies all applicable Financial Accounting Standards Board (FASB) pronouncements issued on or before November 30, 1989, unless those pronouncements conflict with or contradict GASB pronouncements. The District is a proprietary entity; it uses. an enterprise fund format to report its activities for financial statement purposes. Enterprise funds are used to account for operations that are financed and operated in a manner similar to private business enterprises, where the intent of the governing body is that the cost and expenses, including depreciation, of providing goods or services to its customers be financed or recovered primarily through user charges; or where the governing body has decided that periodic determination of revenues earned, expense incurred, and net income is appropriate for capital maintenance, public policy, management control, accountability, or other purposes. 10 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Enterprise funds are used to account for activities similar to those in the private sector, where the proper matching of revenues and costs is important and the full accrual basis of accounting is required. With this measurement focus, all ass~ts and liabilities of the enterprise are recorded on its statement of net assets, all revenues are recognized when earned and all expenses, including depreciation, are recognized when incurred. Enterprise funds distinguish operating revenues and expenses from non-operating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with an enterprise fund's principal ongoing operations. The principal operating revenues of the District are charges to customers for services. Operating expenses for the District include the costs of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as non-operating revenues and expenses. For internal operating purposes, the District's Board of Directors has established four separate sub- funds, each of which includes a separate self-balancing set of accounts and a separate Board approved budget for revenues and expenses. These sub-funds are combined into the single enterprise fund presented in the accompanying financial statements. The nature and purpose of these sub-funds are as follows: Running Expense Running expense accounts for the general operations of the District. Substantially all operating revenues and expenses are accounted for in this sub-fund. Sewer Construction Sewer construction accounts for non-operating revenues, which are to be used for acquisition or construction of plant, property and equipment. Self Insurance Self insurance accounts for interest earnings on cash balances in this sub-fund and cash allocations from other sub-funds, as well as for costs of insurance premiums and claims not covered by the District's insurance coverage. Debt Service Debt service accounts for activity associated with the payment of the District's long term bonds and loans. That portion of the District's net assets which is allocable to each of these sub-funds has been shown separately in the accompanying financial statements. The District's Board of Directors adopts annual budgets on a basis consistent with accounting principles generally accepted in the United States of America. 11 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Investments Investments held at June 30, 2008, with original maturities greater than one year are stated at fair value. Fair value is estimated based on quoted market prices at year-end. All investments not required to be reported at fair value are stated at cost or amortized cost. Prepaids Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in the financial statements. Bank Escrow Deposit An escrow agreement was formed between the District and the National Park Service for the Right of Way through the John Muir National Historic Site, in lieu of issuing a bond. The current Right of Way Permit is 10 years, but is renewable and must remain in effect so long as there is sewerage running through the area; therefore it is unlikely that the escrow funds will ever be released to the District. These funds are restricted cash in the financial statements. See note 2. Parts and Supplies Parts and supplies are valued at average cost and are used primarily for internal purposes. Property. Plant. and Equipment Purchased capital assets are stated at historical cost. Capital assets contributed to the District are stated at estimated fair value at the time of contribution. The capitalization threshold for capital assets is $5,000. Expenditures, which materially increase the value or life of a capital assets are capitalized and depreciated over the remaining useful life of the asset. Depreciation of exhaustible capital assets has been provided using the straight-line method as follows: Years Sewage Collection Facilities Sewage Treatment Plant and Pumping Plants Buildings Furniture and Equipment Motor Vehides 75 40 50 5 -15 6 -15 12 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Defined Contribution Retirement Plans District employees may defer a portion of their compensation under a District sponsored Deferred Compensation Plan created in accordance with Internal Revenue Code Section 457. Under this Plan, participants are not taxed on the deferred portion of their compensation until it is distributed to them; distributions may be made only at termination, retirement, death, or in an emergency as defined by the Plan. The District does not make contributions to the plan. On August 20, 1997, the provisions of the Internal Revenue Code covering section 457 were amended to require existing plans to establish trusts for assets of plans so that they would not be subject to the right of general creditors. The District amended its plan during the fiscal year ended June 30, 1999 to meet this requirement. Consequently, at June 30, 2008, the plans assets are held in trust for the exclusive benefit of the participants and are not included in the District's financial statements. The District also contributes to a money purchase plan created in accordance with Internal Revenue Code section 401(a). Contributions to the plan are made in accordance with a memorandum of understanding stating that in lieu of making payments to Social Security, the District contributes to the 401 (a) Plan an amount equal to that which would have been contributed to Social Security on behalf of its employees as long as the District is not required to participate in Social Security. The assets are held in trust and are not recorded on the books of the District. The District contributed $1,391,089 to the plan during the year ended June 30, 2008. Property Taxes Property tax revenue is recognized in the fiscal year for which the tax is levied. The County of Contra Costa levies, bills and collects property taxes for the District; all material amounts are collected by June 30. General County taxes collected are the same as the amount levied since the County participates in California's alternative method of apportionment called the Teeter Plan. The Teeter Plan as provided in Section 4701 at seq. of the State of Revenue and Taxation Code establishes a mechanism for the county to advance the full amount of property tax and other levies to taxing agencies based on the tax levy, rather than on the basis of actual tax collections. Although this system is a simpler method to administer, the County assumes the risk of delinquencies. The County in return retains the penalties and accrued interest thereon. Secured Property tax bills are mailed once a year during the month of October on the current secured tax roll, to the owner of the property as of the lien date (January 1). Payments can be made in two installments, and are due on November 1 and February 1. Delinquent accounts are assessed a penalty of 10 percent. Accounts, which remain unpaid on June 30, are charged an additional 1 Y2 percent per month. Unsecured property tax is due on July 1 and becomes delinquent on August 31. The penalty percentage rates are the same as secured property tax. 13 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Finandal Statements Years Ended June 30, 2008 and 2007 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Compensated Absences The liability for vested vacation, compensatory time, and sick pay is recorded as an expense when earned. District employees have a vested interest in 100 percent of accrued vacation time and 85 percent of accrued sick time for employees hired before May 1, 1985. Employees hired after May 1, 1985 have a vested interest in up to 40 percent of their sick time, based upon length of employment with the District. The accrued compensated absences increased to $6,102,851 from $5,312,645 in fiscal 2008. The current portion of the non-current liability to be used within the next year is estimated by management to be approximately $790,000. Statement of Cash Flows For purposes of the statement of cash flows, all highly liquid investments, including restricted assets, with maturities of three months or less when purchased, are considered to be cash equivalents. Included therein are petty cash, bank accounts, and the State of California Local Agency Investment Fund (LAIF). Restricted assets are debt service amounts maintained by fiduciaries and not available for general expenses. Use of Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent assets and liabilities at the date of the fmancial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. New Accounting Pronouncements In April 2004, GASB issued GASB No. 43, Financial Reporting/or Postemployment Benefit Plans Other Than Pension Plans. This Statement provides guidance on how to report OPEB plans that qualify as a trust or agency funds or as fiduciary component units of either a participating employer, a plan sponsor, a public employee retirement system (CalPERS, or other administering entity). The requirements for this statement are effective for fiscal periods beginning after December 15, 2006 provided GASB 45 is also implemented. The District will implement this standard in conjunction with GASB 45. In July 2004, GASB issued GASBS No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions. This Statement requires local governmental employers who provide other postemployment benefits (OPEB) as part of the total compensation offered to employees to recognize the expense and related liabilities (assets) in the government-wide financial statements of net assets and activities. This Statement establishes standards for the measurement, recognition, and display ofOPEB expense/expenditures and related liabilities (assets), 14 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 1. DescriDtion of District and Summary ofSi2Dificant Accountine: Policies (continued) New Accounting Pronouncements (continued) note disclosures, and, if. applicable, required supplementary information (RSI) in the financial reports of State and local governmental employers. Current financial reporting practices for OPEB are generally based on pay-as-you-go financing approaches. Current financial reporting practices fail to measure or recognize the cost of OPEB during the periods when employees render the services, or to provide relevant information about OPEB obligations and the extent to which progress is being made in funding those obligations. The District is required to implement the provisions of this Statement for the fiscal year ended June 30, 2009 (effective for fiscal years beginning after December 31, 2007). See note 10 for additional information. In November of 2006, GASB issued GASBS No. 49. Accounting and Financial Reporting Pollution Remediation Obligations. The District is required to implement the provisions of this Statement for the fiscal year ended June 30, 2009 (effective for periods beginning after December 15, 2007). This standard addresses current or potential detrimental effects of existing pollution by participating in pollution remediation activities such as site assessments and cleanups. The scope of the document excludes pollution prevention or control obligations with respect to current operations, and future pollution remediation activities that are required upon retirement of an asset, such as a landfill closure. This statement may have a material effect on the financial statements of the District. In May of 2007, GASB issued GASBS No. 50, Pension Disclosures - an amendment of GASB Statements No. 25 and No. 27. The District is required to implement the provisions of this Statement for the fiscal year ended June 30, 2008 (effective for periods beginning after June 15, 2007). This Statement aligns more closely the financial reporting requirements for pensions with those for other postemployment benefits (OPEB) and, in doing so, enhances information disclosed in notes to financial statements or presented as required supplementary information (RSI) by pension plans and by employers that provide pension benefits. The reporting changes required by the Statement amend applicable note disclosure and RSI requirements of Statements No. 25, Financial Reporting for Defined Benefit Pension Plans and Note Disclosuresfor Defined Contribution Plans, and No. 27, Accountingfor Pensions by State and Local Governmental Employers, to conform with requirements of Statements No. 43, Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans, and No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions. We do not expect this statement to have a material effect on the fmancial statements of the District. In June of 2007, GASB issued GASBS No. 51. Accounting and Financial Reporting for Intangible Assets. The District is required to implement the provisions of this Statement for the fiscal year ended June 30, 2010 (effective for periods beginning after June 15,2009; for governments classified as phase 15 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 1. Descriotion of District and Summa", of Simificant Accountine: Policies (continued) New Accounting Pronouncements (continued) 2 under GASBS No. 34, retroactive reporting is required for intangible assets acquired in fiscal years ended after June 30, 1980). This Statement requires that all intangible assets not specifically excluded by its scope provisions be classified as capital assets. Governments possess many different types of assets that may be considered intangible assets, including easements, water rights, patents, trademarks, and computer software. Intangible assets, and more specifically easements, are referred to in the description of capital assets in Statement No. 34, Basic Financial Statements - and Management's Discussion and Analysis -for State and Local Governments. This reference has created questions as to whether and when intangible assets should be considered capital assets for financial reporting purposes. The implementation of the provisions of this standard may have a material effect on the financial statements of the District. In November of 2007, GASB issued GASBS No. 52. Land and Other Real Estate Held as Investments by Endowments. The District is required to implement the provisions of this Statement for the fiscal year ending June 30, 2009 (effective for periods beginning after June 15, 2008). This Statement requires endowments to report their land and other real estate investments at fair value and governments to report the changes in fair value as investment income and to disclose the methods and significant assumptions employed to determine fair value, and other information that they currently present for other investments reported at fair value. Endowments exist to invest resources for the purpose of generating income. Other entities that exist for similar purposes-pension and other postemployment benefit plans, external investment pools, and Internal Revenue Code Section 457 deferred compensation plans-however, report land and other real estate held as investments at their fair value. We do not expect this statement to have a material effect on the fmancial statements of the District. In June of 2008, GASB issued GASBS No. 53. Accounting and Financial Reporting for Derivative Instruments. This Statement requires governments to measure derivative instruments at fair value in their economic resources measurement focus fmancial statements. Derivative instruments are often complex financial arrangements used by governments to manage specific risks or to make investments. By entering into these arrangements, governments receive and make payments based on market prices without actually entering into the related financial or commodity transactions. Derivative instruments associated with changing financial and commodity prices result in changing cash flows and fair values that can be used as effective risk management or investment tools. Derivative instruments, however, can also expose governments to significant risks and liabilities. Common types of derivative instruments used by governments include interest rate and commodity swaps, interest rate locks, options (caps, floors, and collars), forward contracts, and future contracts. The District is required to implement the provisions of the Statement for the fiscal year ending June 30, 2010 (effective for periods beginning after June 15, 2009), which should allow users of the financial statements to more fully understand the District's resources available to provide services. The District does not currently hold such instruments which would be classified as derivatives other than a minor amount held through the State Investment Pool and eal Trust. 16 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 2. CASH AND CASH EOUIV ALENTS Summary of Investments Investments as of June 30, 2008 are classified in the accompanying financial statements as follows: Cash and investments available for operations Cash in escrow-in lieu of surety bond Restricted cash and investments Total Deposits and Investments $ 66,665,766 100,000 * 3,596,773 $ 70,362,539 * See note 1 - Bank Escrow Deposit General Authorizations Limitations as they relate to interest rate risk, credit risk, and concentration of credit risk are indicated in the schedules below: Authorized Investment Type U.S. Treasury Obligations Banker's Acceptance Commercial Paper (1) Collateralized Certificates of Deposit County Pooled Investment Funds Local Agency Investment Fund (LAIF) Maximum Remaining Maturity 1 year 180 270 1 year (2) N/A N/A Maximum Percentage of Portfolio None 40% 25% 30% None None Maximum Investment In One Issuer None 15% 15% 15% None None (1) Prime quality; limited to corporations with assets over $500,000,000 (2) Prior approval of the Board of Directors must be obtained to acquire maturities beyond one year 17 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 2. CASH AND CASH EOUIV ALENTS (continued) Authorized Under Debt Agreements Maximum Maximum Maximum Remaining Percentage Investment Maturity ofPortfoJio In One Issuer None None None None None None None None None None None None None None None None None None None None None None None None None None None 270 Days None None 180 Days None None None None None None None None (1) Rated highest short-term rating by S&P and Moody's Interest Rate Risk Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. The District manages exposure to interest rate risk by purchasing a combination of shorter term and longer term investments and by timing cash flows from maturities so that a portion of the portfolio is maturing or coming close to maturity evenly over time as necessary to provide the cash flow and liquidity needed for operations. The District's investments at year end with the exception of the U.S. Treasuries below are held in external investment pools which are liquid investments. Information about the sensitivity of the fair values of the District's investments to market interest rate fluctuation is provided by the following schedule that shows the distribution of the District's investment by maturity: Investment Type Treasury Bills and obligations Fair Value $3,596,773 Maturity 12/26/08 Total $ 3,596,773 18 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 2. CASH AND CASH EOUIV ALENTS (continued) Credit Risk Credit risk is the risk that an issue of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Presented below is the minimum rating by the California Government Code, the Districts' investment policy, or debt agreements, and the actual rating as of the year-end for each investment type. Not Minimum Required Rating as of Year End Fair Legal To Be AAA Unrated Investment Type Value Rating Rated Cash $ 1,265,766 A $1,265,766 Treasuries 3,596,773 A $3,596,773 CalTrust 29,000,000 N/A $29,000,000 State Investment Pool 36,500,000 N/A 36,500,000 Total $70,362,539 $1,265,766 $3,596,773 $65,500,000 Concentration of Credit Risk During the current fiscal year the District invested exclusively in U.S. Treasuries, CalTrust (a County Joint Powers Agency Authority) and State Investment Pool, which are not limited by the California Government Code or District Investment Policy. Investments in County Treasury - The District is considered to be a voluntary participant in an external investment pool. The fair value of the District's investment in the pool is reported in the accounting financial statements at amounts based upon the District's pro-rata share of the fair value provided by the County Treasurer for the entire portfolio (in relation to amortized cost of that portfolio). The balance available for withdrawal is based on the accounting records maintained by the County Treasurer, which is recorded on the amortized cost basis. Investment in the State Investment Pool - The District is a voluntary participant in the Local Agency Investment Fund (LAIF) that is regulated by California government code Section 16429 under the oversight of the Treasurer of the State of California. The fair value of the District's investment in the pool is reported in the accompanying fmancial statement at amounts based upon the District's pro-rata share of the fair value provided by LAIF for the entire LAIF portfolio (in relation to the amortized cost of that portfolio). The balance available for withdrawal is based on the accounting records maintained by LAIF, which is recorded on the amortized costs basis. 19 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 2. CASH AND CASH EOUIV ALENTS (continued) Custodial Credit Risk - Investments Custodial risk for investments is the risk that, in the event of the failure of the counterparty (e.g. the broker-dealer) to a transaction, a government will not be able to recover the value of its investment or collateral Securities that are in the possession of another party. The California Government Code does not contain legal or policy requirements that would limit the exposure to custodial credit risk. The District's policy is to use the services of the Treasurer's Office of the County of Contra Costa, which will transact the District's investment decisions in compliance with the requirements of the District's policy. The County Treasurer's Office will execute the District's investments through such brokers, dealers, and fInancial institutions as are approved by the County Treasurer, and through the State Treasurer's Office for investment in the Local Agency Investment Fund. 3. ACCOUNTS RECEIVABLE At June 30, 2008, accounts receivable are comprised of the following: City of Concord (see Note 8) Household Hazardous Waste Partners All other $ 15,899,114 623,761 479,368 $ 17,002,243 Total accounts receivable This space intentionally left blank. 20 21 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 5. CONTRACTUAL ASSESSMENT DISTRICTS The District established the Contractual Assessment District (CAD) program to help homeowners finance the cost of connecting to the District. The construction costs associated with the project within the program are capitalized and depreciated. Individual homeowners are assessed an amount equal to their share of the construction costs and connection fee. The assessments plus interest are generally payable over 10 years. At year-end, the receivable balance was $1,394,333. 6. LONG-TERM DEBT Revenue Bonds - 2002 In May 2002, the District issued $16,565,000 of Revenue Installment Certificates for Wastewater Facilities Improvements, with interest rates ranging from 4.0 to 5.0%. The bonds are secured by a pledge of revenue. Principal payments are due annually on September 1, commencing in fiscal year 2005, and interest is payable semi-annually on September 1 and March 1 of each year. Refunding: Revenue Bonds - 1998 & 1994 Defeased Debt In September 1998, the District issued $25,335,000 of Refunding Revenue Bonds with interest rates ranging from 3.5 and 4.7%. The Bonds are secured by a pledge of revenue. Principal payments are due annually on September 1, and interest is payable semi-annually on September 1 and March 1. The District issued the 1998 Refunding Revenue Bonds to advance refund the 1994 Revenue Installment Certificates, which had interest rates of 5.25 to 6.25%. The net proceeds were deposited in an escrow fund to service and redeem the 1994 debt. As a result, the advance refunding met the requirements of an in-substance debt defeasance, and the outstanding balance of the 1994 debt was removed from the District's accounts. The 1994 issue no longer has an outstanding balance. The excess of the amount required to be deposited into the escrow fund over the net carrying amount of the 1994 debt resulted in a deferred loss. The deferred loss is reported as reduction of the new debt and is being amortized over the IS-year term of the new debt. Summary The changes in the District's long-term obligations during the year consisted of the following: Balance Deferred Balance Due in July 1. 2007 Cost Deductions June 30. 2008 One Year General obligation bonds $28,530,020 $ 192,628 $ 2,210,000 $26,512,648 $ 2,300,000 Water Reclamation Loan 1.770.340 141.090 1.629.250 144.759 $30.300.360 $ 192.628 $ 2.351.090 $ 28.141.898 $ 2.444.759 22 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 6. LONG-TERM DEBT (continued) Debt Service Requirements The 2002 and 1998 Revenue Bonds debt service requirements are as follows: Amount representing interest Principal outstanding Less: Unamortized deferred loss on refunding year end 2002 1998 Debt Service Debt Service Requirement Requirement Total $ 1,271,061 $ 2,216,178 $ 3,487,239 1,265,261 2,216,478 3,481,739 1,263,561 2,222,341 3,485,902 1,265,762 2,217,429 3,483,191 1,266,391 2,216,648 3,483,039 6,332,714 4,440,595 10,773,309 7,617,525 7,617,525 20,282,275 15,529,669 35,811,944 (6,062,275) (2,209,669) (8,271,944) 14,220,000 13,320,000 27,540,000 (1,027,352) (1,027,352) 14,220,000 12,292,648 26,512,648 (635,000) (1,665,000) (2,300,000) $ 13,585,000 $ 10,627,648 $ 24,212,648 Fiscal Year Ending June 30, 2007 2009 2010 2011 2012 2013 2014 - 2018 2019 -2024 Total Short-term portion of revenue bonds Long-term portion of revenue bonds Water Reclamation Loan Contract The District has entered into a contract with the State of California State Water Resources Control Board (the Board), where the Board advanced to the District $2,916,872 for design and construction costs for projects related to recycled water treatment programs. 23 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 6. LONG-TERM DEBT (continued) Water Reclamation Loan Contract (continued) The District must repay advances from the Board over a 20-year period beginning March 31, 1999, with an interest rate of 2.60%. Debt service requirements are as follows: Less: Current portion of Water Reclamation Loan Contract Debt. Service Requirements $ 187,119 187,119 187,119 187,119 187,119 935,598 1,871,193 (241,943) 1,629,250 (144,759) $ 1,484,491 Years 2009 2010 2011 2012 2013 2014 - 2018 Total Amount representing interest Long term portion of Water Reclamation Loan Contract Local Improvement District Bonds Within the District's boundaries, there exist several Improvement Districts, which were formed for the sole purpose of fmancing sewer system improvements. The District has no oversight responsibility for these Districts and is not liable for repayment of any bonds issued to finance these local improvement districts. Contra Costa County acts as the agent for the property owners in these districts in collecting assessments, forwarding collections to bondholders, and initiating foreclosure procedures, if appropriate. The outstandm.g balance on these bonds was $100,000 at June 30, 2008. 7. RISK MANAGEMENT The District is exposed to various risks of loss related to torts: theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; and natural disaster. The District joined with other entities to form the California Sanitation Risk Management Authority (CSRMA), a public entity risk pool currently operating as a common risk management and insurance program for the member entities. The purpose of CSRMA is to spread the adverse effects of losses among the member entities and to purchase excess insurance as a group, thereby reducing its cost. Through CSRMA, the District purchases property insurance and workers' compensation insurance. 24 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 7. RISK MANAGEMENT (continued) Insurance Coverage The District's insurance coverage is as follows: Type of Insurance Coverage All-Risk Property Fire Boiler & Machinery (Shared Limits per Occurrence) Liability Errors and Omissions Employment Practices Liability Employment Practices Liability General Liability Auto Liability Pollution (General Aggregate) General Liability (Occurrence) Pollution (Legal Liability Aggregate) (Claims Made) Workers' Compensation Excess Workers' Compensation Fiduciary Liability Liability for Uninsured Claims Insurer Public Entity Property Insurance Program (PEPIP) PEPIP Insurance Company of the State of Pennsylvania (AIG) AIG Admiral Insurance Company AIG AIG American International Specialty Lines Insurance Co. American International Specialty Lines Insurance Co CSRMA National Union Fire Insurance Company (statutory) Nation Union Fire Ins. Com Limits $505,541,991 $100,000,000 $ 15,000,000 $ 15,000,000 $ 1,000,000 $ 15,000,000 $ 15,000,000 $ 5,000,000 $ 10,000,000 $ 750,000 $ 50,000,000 $ 1,000,000 Self Insured Deductible Per Occurrence $ 250,000 $ 250,000 $ 500,000 $ 1,000,000 $ 15,000 $ 500,000 $ 500,000 $ 5,000 $ 50,000 $ 750,000 $ 5,000 The Governmental Accounting Standards Board (GASB) requires state and local governments to record their liability for uninsured claims in their financial statements. The District's uninsured claims activity and exposure relates primarily to its general and automobile liability program. The District records its estimated liability for uninsured claims in this area based on the results of periodic actuarial evaluations. The actuarial evaluations are typically performed every two years. For intervening years, the liability for uninsured claims is reviewed for adequacy based on claims activity during the intervening period. 25 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 7. RISK MANAGEMENT (continued) Liability for Uninsured Claims (continued) For the fiscal year ended June 30, 2008, 2007, and 2006, settlements have not exceeded insurance coverage. Changes in the District's estimated liability for uninsured claims for fiscal years 2008, 2007, and 2006 are summarized as follows: 2008 2007 2006 Beginning balance $ 629,820 $ 881,500 $ 881,500 Provisions for claims incurred in the current year and changes in the liability for uninsured - claims incurred in prior years 387,095 (208,667) 198,292 Claims and claim adjustment expenses paid (387,095) (43,013) (198,292) Ending balance $ 629,820 $ 629,820 $ 881,500 8. AGREEMENT WITH THE CITY OF CONCORD In 1974, the District and the City of Concord (the City) entered into a cost-sharing agreement under which the District became responsible for providing sewage treatment facilities and services to the City. Under this agreement, the City pays a service charge for its share of operating, maintenance and administrative costs and makes a contribution for its share of facilities capital costs expended. Service charges and contributions to capital costs from the City totaled $8,206,860 and $5,336,273 respectively, for the year ended June 30, 2008. 9. PENSION PLAN Plan Description Substantially, all District full-time employees are required to participate in the Contra Costa County Employees' Retirement Association (CCCERA), a cost-sharing multiple-employer public employee deferred benefit retirement plan (Plan), governed by the County Employee's Retirement Law of 1937, as amended. The latest available actuarial and financial information for the Plan is for the year ended December 31, 2007. The Contra Costa Employees' Retirement Association issues a publicly available financial report that includes financial statements and supplemental information of the Plan. That report is available by writing to Contra Costa County Employees' Retirement Association, 1355 Willow Way, Suite 221, Concord, CA 94520-5728 or calling (925) 521-3960. The Plan provides for retirement, disability, and death and survivor benefits. Annual cost of living (COL) adjustments to retirement allowances can be granted by the Retirement Board as provided by State statutes. Service retirements are based on age, length of service and final average salary. Subject to vested status, employees can withdraw contributions plus interest credited, or leave them as a deferred retirement when they terminate, or transfer to a reciprocal retirement system. 26 CENTRAL CONTRA COST A SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 9. PENSION PLAN (continued) Plan Contribution Requirement The Plan requires employees to pay one-half of the basic retirement benefit and one-half future CO L costs. However, the District has paid the employee's basic contributions in accordance with the Memorandum of Understanding (MOD). The contribution requirement and payment from the District for the plan year ended June 30, 2008 and 2007 was as follows: 2008 2007 2006 Covered payroll for fiscal years ended June 30 $ 22,503,704 $ 21,504,951 $ 20,687,905 Employer contributions to pension Employee contributions to pension Total Contributions 8,757,705 892,488 $ 9,650,193 8,045,860 861,387 $ 8,907,247 7,202,912 812,220 $ 8,014,132 These contributions represented approximately 43%, 41 % and 39% of covered payroll for the fiscal years ended June 30, 2008, 2007 and 2006, respectively, and were equal to the District's required contributions and the employee's basic contributions for each year. This space intentionally left blank 27 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 10. POST EMPLOYMENT HEALTH CARE BENEFITS The District provides certain health care and life insurance benefits for retired employees. These benefits are provided for in negotiated employment agreements, commonly referred to as Memorandums of Understanding, which cover substantially all employees who reach normal retirement age while working for the District. These benefits, and similar benefits for active employees, are provided through a health maintenance organization and an insurance company whose premiums are based on the benefits paid during the year. The District recognizes the cost of providing those benefits by expensing the annual insurance premiums, which were $2,167,074 for the 178 eligible retirees for the year ended June 30, 2008. The Government Accounting Standards Board (GASB) published Statement 45 in 2004 with an effective date of fiscal year ending June 30, 2009 for the District. Statement 45 requires a minimum expense called the Annual Required Contribution (ARC) equal to the actuarial normal cost plus amortization of the Unfunded Actuarial Accrued Liability (UAAL) over 30 years (or less) as a level percentage of increasing payroll. An actuarial study was performed by the District as of June 30, 2007. The 2007 study estimated the District's Actuarial Accrued Liability (AAL) to be $68,447,956 based on an expected 5% discount rate. The Annual Required Contribution (ARC) is estimated to be $6,224,478 over a 30 year period. The District set aside $2,832,926 and $3,157,887 or $5,990,813 in 2008 and 2007, respectively, to comply with GASBS No. 45. The District is required to implement GASBS No. 45 by June 30, 2009. 11. COMMITMENTS AND CONTINGENCIES Commitments and contingencies, undeterminable in amount, include normal recurring pending claims and litigation. In the opinion of management, based upon discussion with legal counsel, there is no pending litigation which is likely to have a material adverse effect on the financial position of the District. Claims and losses are recorded when they are reasonably probable of being incurred and the amount is estimable. Insurance proceeds and settlements are recorded when received. The District has purchase commitments relating to construction projects at June 30, 2008 of $38,363,997. 28 SUPPLEMENTARY INFORMATION CENTRAL CONTRA COSTA SANITARY DISTRICT COMBINING SCHEDULE OF STATEMENT OF NET ASSETS AS OF JUNE 30, 2008 The accompanying notes are an integral part of the financial statements 29 .w___________~____...___.___._...~.______,____.,.___,_.._.~ CENTRAL CONTRA COSTA SANITARY DISTRICT COMBINING SCHEDULE OF STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET ASSETS FOR THE YEAR ENDED JUNE 30, 2008 Running Sewer Self Debt Expense Constroction Insurance Service Elimination Total Operating Revenues Sewer Service Charges (SSC) $ 40,207,157 $ $ $ S $ 40,207,157 Service charges - City of Concord 8,206,860 8,206,860 Other service charges 869,589 869,589 Miscellaneous charges 595,980 595,980 Total operating revenues 49,879,586 49,879,586 Operating Expenses Sewage collection and pumping stations 10,905,468 10,905,468 Sewage treatment 22,054,203 22,054,203 Engineering 6,332,830 6,332,830 Administrative and general 15,828,965 916,639 (1,131,643) 15,613,961 Depreciation 18,615,747 18,615,747 Total operating expenses 73,737,213 916,639 (1,131,643) 73,522,209 Operating Loss (23,857,627) (916,639) 1,131,643 (23,642,623) Non-Operating Revenues (Expenses): Taxes 8,502,204 3,751,964 12,254,168 City of Concord cash contributions to capital costs 5,336,273 5,336,273 Customer cash contributions to capital cost (SSC) 9,634,364 9,634,364 Permit and inspection fees 981,557 353,603 1,335,160 Interest earnings 741,038 1,509,802 159,503 117,278 2,527,621 Interest expense (1,518,142) (1,518,142) Other income (expense) 534,643 709,174 1,131,643 (1,131,643) 1,243,817 Total non-operating revenues (expenses) 2,257,238 26,045,420 1,291,146 2,351,100 (1,131,643) 30,813,261 Income (loss) before contributions and transfers (21,600,389) 26,045,420 374,507 2,351,100 7,170,638 Contributed sewer lines 1,444,420 1,444,420 Capital contributions - connection fees 9,259,160 9,259,160 Transfers 34,201,858 (31,850,758) (2,351,100) Change in Net Assets 14,045,889 3,453,822 374,507 17,874,218 Total Net Assets - Beginning 538,999,870 41,988,031 2,747,976 583,735,877 Total Net Assets - Ending S 553,045,759 S 45,441,853 S 3,122,483 $ S S 601,610,095 The accompanying notes are an integral part of the financial statements 30 - S 'Cl --. --. 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II) II) ij i fIl i .2 II) c: ;> fIl "'0 .3 ~ Q. 0 ~ .'!l ~ ~ a i fIl .5 !'i' ] II) 8 III II) ~ ~ ! .~ is ~ "'0 ~ "'0 <il "'0 "'0 a a 8 -le fIl .~ II) a a i' 11 fIl rJ ~ ~ ~ OIl ,~ <il fIl U 's gj .5 'C II) ~ '/a ]- ~ ~ ~ fIl ,~ .8 ~ ~ s:>. fIl <il e ~ il:I :5 ~ II) ~ Cl U ~ 0 ~ -_._--_..__.~._>._._---_.__.._----_._--"-----,--------_._,.._.._-.-'---~--------------- CENTRAL CONTRA COSTA SANITARY DISTRICT Running Expense Schedule of Supplemental Net Assets Analysis June 30, 2008 Prior Year Balance $ 9,767,747 2007 - 2008 Revenue $ 52,136,824 2007 - 2008 Expense (73,737,213) Add Back Depreciation Expense 18,615,747 (2,984,642) Net Assets Attributed to General Operations 6,783,105 All Other Net Assets 546,262,654 Running Expense Net Assets $ 553,045,759 The accompanying notes are an integral part of the fmancial statements 32 Central Contra Costa Sanitary District Statistical Section r , . Central Contra Costa Sanitary District Statistical Section T able of Contents Financial Trends These schedules contain trend information to help the reader understand how the District's financial performance has changed over time. Changes is Net Assets and Statement of Net Assets - Last Six Fiscal Years... ..... ........ ...................................................................... S-1 Revenue by Type - Last Ten Fiscal Years ...... ........................... ................. ...... S-2 Operating Expenses by Type - Last Ten Fiscal Years ..................................... S-3 Revenue Capacity These schedules contain information to help the reader assess the District's most significant revenue sources. Major Revenue Base and Rates - Historical and Current Fees - Last Ten Fiscal Years .................. ........... ........................................................ S-4 Sewer Service Charge - List of Ten Largest Customers - Last Six Fiscal Years. ............... ...... ............... ................................................. S-5 Assessed and Estimated Actual Valuation of Taxable Property- Last Ten Fiscal Years.. ..... ..... ...... ......... ...................... ................. ................... S-6 Property Tax and Sewer Service Charge Fees Levied and Collected - Last Ten Fiscal Years ......... ......... ............................... ........ ............................ S-6 Debt Capacity This schedule contains information to help the reader assess the affordability of the District's current levels of outstanding debt and the District's ability to issue additional debt in the future. Summary of Debt Service - Type, Debt Service Coverage, Debt Ratio - Last Ten Fiscal Years .................................... ................................................. S-7 Demographic and Economic Information This schedule offers demographic and economic indicators to help the reader understand the environment within which the District's financial activities take place. Demographic and Economic Data - Population Served - Last Ten Calendar Years .............. .............. ................................................... S-8 List of Ten Largest Employers in Contra Costa County - Last Year and Nine Years Ago ..... .... .......... .......................... .......................... S-8 Demographic and Economic Statistics - Contra Costa County- Last Ten Fiscal years..................... ................................. ............................... S-9 Operating Information These schedules contain service and infrastructure data to help the reader understand how the information in the District's financial report relates to the services the District provides and the activities it performs. Full-time Equivalent Employees by Department - Last Ten Fiscal years........ S-10 Number of Retirees and Surviving Spouses - Last Ten Fiscal years.............. S-10 Capital Asset and Operating Statistics - Last Ten Calendar or Fiscal Years.. S-11 Miscellaneous Statistics................ ................................. ........... ...................... S-11 Sources: Unless otherwise noted, the information in these schedules is derived from the comprehensive annual financial reports for the relevant year. The District implemented GASS Statement 34 in the 2002-2003 fiscal year; schedules presented include information beginning in that year. - Q) Z 01- o - - Co) l: 'i: Q) ~ E c.! ~.f! caC/) ::'0 l: l: ca ca C/) III .f!1> III III o III 0< - ca Q) ~z a l: o III Q) E 0) _ l: l: ca Q).t:. 00 III - Q) III III < M o o N . 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I- (5 Q) a. ;., I- UI ~ 'E 2! tV ::J 0- UI "I "<I' ..... i1i 2! <( ~ .~ Q) en o o ~ U; "<I' - 'c ::J 'E Ol lii > '5 5f ]j 'E Ol "0 'Uj 2! .... Q) a. ~ lii ::l c: c: tV o o M ~ u Ol ~ Ol en c o ;> tV '3 a. o n. ]j o I- CD e> nl .c () ~ .~ Ol en ! en ...... ...... en ., ~ ! 1; :s ., i5 ~ Jll '2 '" Ul Jll ., o U ]: c o U g c ., o ~ " o Ul (THIS PAGE INTENTIONALLY LEFT BLANK) S.c. Update on AIG ---,._._~-,._--~._.._------_."~'"'-_._--------_.._~--'----~.'-_._.~_._--,-_.~-,'-_..,,~......"~--,,'-----,.,,--._--_._-,,-"~-_.~,.._'~--_._._'_._._.,_.__..-,.,-_._..-'".-...-.. A.I.G. Secures $150 Billion Assistance Package - NYTimes.com , Page 1 of 4 f~t Nt\tJ tJork limel 1"'ytll"i'lec;, c PQ.'NTER,rRIENfi1..'t. FO"MA1. 5P~NseRE.o !V November 11, 2008 A.I.G. Secures $150 Billion Assistance Package By MARYWlLlJAMs..wALSH The American International Group said on Monday that it lost almost $25 billion in the third quarter and had secured a new $150 billion government assistance package intended to stem the bleeding from its complex financial contracts. A central component of the new package will be to get the most tainted assets out of the company, in an effort to stop the collateral calls that have been rapidly draining A.I.G.'s cash. A.I.G.'s trading partners in these financial contracts will largely be made whole in the process. Since mid-September, when A.I.G. suddenly came to the brink of collapse, its problems have become steadily bigger and costlier to fix. Originally, the Federal Reserve rushed in with an $85 billion line of credit. When that proved inadequate, the Fed added a $38 billion supplementary lending facility, and A.I.G. recently qualified to sell $21 billion of commercial paper to the Fed. "These terms are not sustainable," Edward M. Liddy, the insurance executive brought in to lead A.I.G. through the crisis, told securities analysts in a conference call Monday, referring to the high interest rates on the original loans. The company has reported $38 billion in losses this year, wiping out the company's total reported earnings for the preceding three years. The new assistance package reduces the original $85 billion loan to about $60 billion, lowers the interest rate and gives A.I.G. five years, instead of two, to pay it off. The government will also use money from its Troubled Asset Relief Program to buy $40 billion of preferred shares in A.I.G. Another important feature will be government investments of about $50 billion to create special-purpose entities to relieve the company of its most tainted assets. About $30 billion of the government money will be used to buy complex debt securities that were insured by A.I.G. and about $20 billion more will be used to buy securities backed by home loans. A.I.G.'s counterparties - financial institutions in the United States and Europe - have not borne significant losses on the financial contracts that led A.I.G. to the brink, and the new program suggests they will not. "We're funding somebody on the other side" of A.I.G.'s derivatives contracts, said Lynn E. Turner, a former chief accountant with the Securities and Exchange Commission who has been critical of the way the insurer's crisis has been handled. Even though a large amount of public money is being extended, neither A.I.G. nor the federal government has been willing to provide the names of the company's biggest counterparties, or http://www.nytimes.com/2008/11 1 11 Ibusinessl 11 insure.html? _ r= 1 &sq=aig&st=cse&oref... 11/13/2008 A.1.V. :Secures $150 Billion Assistance Package - NYTimes.com Page 2 of 4 their amount of exposure. "We've had way too many things here that nobody knows anything about," said Mr. Turner, who is on the Treasury's Advisory Committee on the Auditing Profession. "That's why no one has faith in the capital markets." Another critic said that A.I.G. would still have to contend with other financial contracts that were not addressed in the rescue but that might deteriorate in the future. "I think it will help, but 1 don't think it will solve the whole problem," Donn Vickrey, founder of Gradient Analytics, an independent securities research firm, said of the latest plan. Mr. Vickrey noted that A.I.G. had insured several different types of debt securities, and the type now being dealt with was the first to go bad because it was linked to subprime debt. "As the economy deteriorates, 1 would expect the other debt lines to incur more losses," he said. The Treasury official overseeing the government's financial relief said that revising the A.I.G. rescue plan was a one-shot deal that would be accompanied by stringent conditions to protect taxpayers. Neel Kashkari, assistant secretary of the Treasury, said the move was "necessary to maintain the stability of the financial system." At the heart of AI.G.'s troubles are a type of derivative called ~r~.dit.::::Q~f;:t,:!Jlt~w:;:t,p..~. They are essentially a kind of insurance that A.I.G. wrote on complex securities, known as collateralized debt obligations, sold in recent years to financial institutions. By issuing the swaps, AI.G. was promising to pay these institutions _ AI.G.'s counterparties - if the debt securities defaulted. AI.G. wrote a large book of business on the thinking that such defaults were unlikely. As the economy has soured, though, some of the securities have weakened and shown signs of failure. The insurance contracts have also proved crushingly expensive for A.I.G. because they included provisions requiring it to post collateral under certain circumstances, showing that it could afford to keep its promises. For instance, a downgrading of A. I. G.'s own creditworthiness could prompt a big collateral call. That is what happened to AI.G. in mid-September. It was suddenly required to come up with more than $10 billion in collateral, pushing the company to the brink. Much of the original $85 billion line of credit from the Fed has been spent fulfilling collateral calls. Although AI.G. wrote its insurance contracts on more than $400 billion of various types of complex debt securities, only about $70 billion worth ofthe securities are thought to be at imminent peril of default. AI.G. refers to this batch of securities as multisector C.D.O.'s, because they combine a number of different types of debt. Under the new plan, AI.G. and the government will together create a new special-purpose entity to buy up the multisector C.D.O.'s. The C.D.O.'s will be quarantined in a place where it no longer matters much whether their value rises or falls, because A.I.G.'s own balance sheet will not be affected. http://www.nytimes.coml2008/ll/lllbusiness/llinsure.html?J=I&sq=aig&st=cse&oref... 11/13/2008 ~fU.lJ. ~ecures :liDU Billion Assistance Package - NYTimes.com Page 3 of 4 Also, because A.I.G.'s counterparties will no longer own the multisector C.D.O.'s, the company will not have to provide insurance coverage against default anymore. When the insurer cancels the troublesome insurance contracts, it will put an end to the collateral calls that have depleted its cash so severely. The special-purpose entity will be financed with $S billion from AI.G. and $30 billion from the federal government. The entity will buy securities with a fair value of about $70 billion. The counterparties, which in aggregate had already pried about half that amount out of AI.G., will be allowed to keep the collateral as well, people familiar with the planning said. That will leave AI.G. with losses of about $30 billion that it has already taken on its multisector C.D.O. insurance program, said Andrew Kligerman, a securities analyst at UBS. "That's permanent," Mr. Kligerman said. "They're never going to get that $30 billion back," because the assets are being sent into quarantine. But because A.I.G. and the government will be jointly holding the tainted assets in the' special-purpose entity, he said, AI.G. will share any income with the government. The government is the senior partner in the special purpose entity and will receive an interest rate of the three-month Libor plus 1 percentage point and will be entitled to be repaid for its investment first. AI.G. will receive Libor plus 3 percentage points. In exchange for the emergency loan, the Fed has received a warrant entitling it to a 79.9 percent stake in A.I.G. The new package does not change that. Mr. Liddy said he believed that AI.G. was "on the road to recovery," although the turnaround would still take time, he said. Even with the help of the government, he said, AI.G.'s success would still depend on whether world financial markets came back to normal. He declined to say how long the process would take, or how long it would take the special-purpose entity to be formed and make its purchases. While AI.G. recovers, Mr. Liddy said, it will be paying market rates of interest on all loans from the federal government. "It is not exactly a bailout," he said. AI.G.'s third-quarter report suggested that its core insurance business was also coming under pressure as the economy weakened. While about $7 billion of its quarterly losses, on a pretax basis, were connected with the insurance coverage AI.G. sold on other institutions' assets, a bigger share of the losses, about $18 billion, were incurred because the assets in AI.G.'s investment portfolios had fallen in value. Of that total amount, losses of a little less than $12 billion were on investments made under AI.G.'s securities lending program, which is handled mostly by its life insurance subsidiaries. AI.G. had previously been given a $38 billion credit facility from the Fed to support its securities lending activity, but said on Monday that that facility would be extinguished under the new program. Instead, the government will invest $20 billion in AI.G. to create a second special-purpose entity to hold other tainted investments, often backed by residential home loans, from its securities lending program. AI.G. will invest $1 billion in that entity. http://www.nytimes.coml200S/11l1Ilbusiness/llinsure.html?J=1&sq=aig&st=cse&oref... 11113/2008 A.l.V. Secures $15U Billion Assistance Package - NYTimes.com Page 4 of-4 Mr. Liddy also said that A.I.G. had experienced a loss in its property and casualty business because of claims from Hurricanes Gustav and Ike, but said A.I.G.'s exposure was in line with that of the rest of the industry. Copvrloht 2008 The New York Times Comoanv Erlvacv PoJl~ 111!!!!rgh I kQfre~1 _~~~ I ~ I ~ Il.&ntact UI I 'l\!Qrt.for J.!.l I SM.Mm! http://www.nytimes.com/2008/l1/l1/business/llinsure.html?_Fl&sq=aig&st=cse&oref... 11/13/2008 J:SreaKmgvIews.com - tor Kegulators, A.l.U. Is ExhIbIt A - N YTimes.com Page 1 of2 itlJe NettrBork .limt$ nyt!m~s.cOf'rl Pli(l\NT'iERv.fRIEN01.Y FORMAt. SPOHSO"RED 81 ~"""-"-,"'mm,,'m._....~.._"_..._"m....~..m"'_",'m~.m.._'~"'__m~~.".,,~~__...m"m~..~_._._m..mm.~,m..._~....__.~__.m~.~~~y"._..m~____~'_'_W__n m"mmmmm.__~.~m_~__ m.mm^'_...._'....mmmm'.'_~..~_._..mnmm"~'_.~.m_"..."_..~..'0"___" November 11, 2008 BR.l<:AKINGVIEWS.COM For Regulators, A.I.G. Is Exhibit A For Regulators, A.I.G. Is Exhibit A The American International Group has become a money pit for the United States government. The insurance giant's new $150 billion bailout is bigger and looks easier on A.I.G. than its previous two facilities, in aggregate $123 billion, from theE~deral Re~JVe. The package is better defined than before, but the increased potential burden on taxpayers is embarrassing for the Fed and the Treasury. It underlines the need for regulation that catches any group that's too big to fail. In structural terms, A.I.G.'s Bailout 2.0 looks like an improvement. It aims to solve the company's main problem - the cash bleeding from its $400 billion credit-default swap portfolio - by unwinding the worst of the instruments completely in a kind of "bad bank" separate from A.I.G.'s insurance businesses. It's doing something similar with a collection of dodgy mortgage-backed securities. In addition, the Treasury will invest $40 billion in preferred securities under its Troubled Asset Relief Program, and the New York Fed will replace its existing $85 billion credit facility with a new $60 billion loan with a much lower interest rate. This should all help keep A.I.G. afloat while also bringing an end to the collateral calls that have caused a huge outflow of cash. It should also buy the insurance giant time to sell some of its assets. However, the plan amounts to burdening taxpayers with all of A.I.G.'s losses while still leaving shareholders and even management with a slice of any upside. That seems too generous, but the Fed's earlier strategy to protect taxpayers was always wishful thinking. A.I.G.'s size and market significance meant it had the government over a barrel. The insurer's finance operations had grown far too big to fail, while operating in large part in the cracks between different regulators' territories. If the Fed and the Treasury have now done enough to stabilize the situation, that offsets some of the embarrassment of having to bailout their own initial bailout. Longer term, regulations need to capture any company that becomes too significant to the financial system. Rewriting the currently inadequate rulebook is an important task for President-elect 13J!rn~K-Q.l>ama. A.I.G. makes for a persuasive Exhibit A. Santander's U-Turn They say Spain is different, but its biggest bank may not be so different after all. Like many of its European peers, Santander has pulled a U-turn on capital. Days after its chief executive, Alfredo Saenz, said the bank didn't need more capital, Santander has begun raising 7.2 billion euros (about $9.2 billion) with a deeply discounted rights issue. http://www.nytimes.com/2008/11/11/business/11views.html?sq=aig&st=cse&scp=9&pag...l1/1312008 ~-----~-~_.._--~_.,_.._--,..._._--~~-------"-~.,-,._.,.__..__.._"..._._.._,-----,---"",~-,._- l:SreakmgvIews.com - For Regulators, A.l.G. Is Exhibit A - NYTimes.com Page 2 of2 The about-face reflects the increasing nervousness of investors about the bank's capitalization. Santander's core Tier 1 capital ratio, a measure of the strength of its capital, stood at 6.3 percent at the end of September, but was expected to drop below 6 percent as the bank absorbed its recent glut of acquisitions. Santander could have increased its capital organically by retaining profits over time. That may have been adequate by yesterday's standards, particularly for a retail bank with minimal exposure to toxic subprime housing assets. But the goalposts have moved, and Santander woke up late to the sentiment shift. The rights issue will take the ratio up to a more comfortable 7 percent. Turnabouts can dent confidence and make investors suspicious. Santander insists it has no skeletons rattling about in its closet. Nor is it planning any further acquisitions, it says. But shareholders are now likely to be more skeptical about taking what management says at face value. Santander, which recently acquired Sovereign Bancorp, is issuing the shares at a steep 46 percent discount. Still, the bank looks to be a cut above its peers. It isn't tapping the government for the capital. Its dividend looks safe through 2009. Its do-it-yourself approach is also on more shareholder-friendly terms than other recent bank transactions. Credit Suisse diluted existing shareholders and issued expensive preference shares to investors from the Middle East. Barclays did the same at an even steeper price. What's more, by finally relenting to the market's demand that it raise more capital, Santander has piled the pressure on other refuseniks. Deutsche Bank, BBV A of Spain and Italian institutions are looking increasingly stubborn in holding out. Like Santander, they all claim to be different. But toughing it out in the face of investor skepticism is looking like a untenable strategy. LAUREN SILVA and FIONA MAHARG-BRAVO For more independentfinancial commentary and analysis, visit www.brgakingvieU!.!M:_QD1. Copvriaht 2008 The New York Times Company f.'.r.lv.ii!QY_f.'..9.li!<)! I $.!;!.<!f.!<b. ICQr.r!;!!;!i.Q!1~ I RSS E1!:~1..!...Q.Q!i I H~]p I CQI1!l!!;1J.i~ IWQf!iJ9.L\.i~ I $..i!!l...M.<!p http://www.nytimes.com/2008/1I /11/business/1I views.html?sq=aig&st=cse&scp=9&pag... 11/13/2008 Unbelievable Words From AI.G. - Floyd Norris Blog - NYTimes.com Page 2 of 14 noyd Norris NoIIo. all .... ..... !.ow ........ no "n M' ___'_U____ "'''''n ...~...._...~~.._'.n_.__.....~".__._~,.~,_.,.._....._.~.w..~_"mm__~,^._,.~.. "'_'Y~~'_'.'__^'~"_'W''''_'__'~'__'_~_~_''''_~~''Y'''~''_n__.._.__._._.u~_.". . ~""""'_"__'__'~_"''''_'~_'_'''.''__'''~'_'''''~',_~~_, H",_, '__'.,^._,_~.__._,....".~,,__.._. .......__.. .',..., November 10,2008,11:56 am Unbelievable Words From A.I.G. Why do people insist on saying things that are obviously untrue? Edward M. Liddy, the chief executive of AI.G., says the latest bailout is just a normal transaction. "It is not exactly a bailout," he said in a conference call this morning. "The terms of the relation are commercial in nature," he said, adding that everything was being done at "market interest rates." Does he want us to believe that there was anyone in the private sector that would have financed AI.G. on these terms? Does he really think we will believe there is anyone in the private sector who would have financed this company on any terms? It is sad to see that the plan is for A.I.G. to stay in business forever. This is a company that should be wound down. Instead, it appears that the government will remain an investor for years and years, helping one insurance company compete with others that are not government-subsidized. It appears that the government may end up with a lot of dubious paper, since it has limited AI.G.'s risk in purchasing some dubious collateralized debt obligations that the company insured. AI.G. seems to think the owners of those C.D.O.'s will sell them at a discount, but when asked why they would do that - given the insurance - there was no real answer. This plan could flop in the market. AI.G. executives insist the company is maintaining a strong underwriting discipline in writing insurance, and dismiss as sour grapes the complaints heard from some competitors that it is keeping business by cutting premium rates. It is especially appalling to hear AI.G. executives bragging about "strong balance sheets" at the company's insurance subsidiaries. This is a company that is in business only because it got more than $100 billion of government cash, and that has consistently underestimated its problems. Mr. Liddy says the government will make a good profit when all is done. It would be good if he is right, but the real lesson of this announcement is that the government will throw more money at A.I.G. - and charge less for it - if things keep getting worse. Will this be the last cash injection? Don't bet on it. One more observation related to AI.G.: If you have not read Gretchen Morgenson's excellent report on how Merrill Lynch collapsed, you should do so. Here is one paragraph: http://norris.blogs.nytimes.com/2008/1l/10/unbelievable-words-from-aig/?scp=6&sq=aig. .. 11/13/2008 Unbelievable Words From A.I.G. - Floyd Norris Blog - NYTimes.com Page 3 of 14 For years, Merrill had paid A.I.G. to insure its C.D.a. stakes to limit potential damage from defaults. But at the end of2005, A.I.G. suddenly said it had had enough, citing concerns about overly aggressive home lending. Merrill couldn't find an adequate replacement to insure itself. Rather than slow down, however, Merrill's C.D.a. factory continued to hum and the firm's unhedged mortgage bets grew, its filings show. We now know that it took a really bad risk for A.I.G. to worry. You have to wonder why the Merrill management could not see the problem. ~~-~~~-- .~---'-'-~~~~--.J o INSERT DESCRIPTION - .- ------_._-_._.._._-,_._._..~- · E:maiITbi$ . Print . Share o Linkedin o J2igg o Facebook o Mixx o Permalink AIG, bailout . Previous post Gloom Everywhere Except the Stock Market . Next post More A.I.G. From 1 to 25 of 40 Comments 1 2. Next )) 1. 1. November 10,2008 12:10 pm Link It's pot-limit poker and the US is all in with AIG. - Paul 2. 2. November 10,2008 12:21 pm Link Unbelievable words? "Clarence Thomas is the most qualified man in America to be a Supreme Court Justice." Bush I) "Mission accomplished." (Bush 2) "Heckuva job, Brownie. " (ditto) "Obama has played the race cared from the bottom of the deck." (McCain Campaign spokesperson) "Is Sarah Palin qualified to be President? Absolutely!" (John McCain) http://norris.blogs.nytimes.com/2008111/10/unbelievable-words-from-aig/?scp=6&sq=aig. .. 11/13/2008 Some G.M. Retirees Are in a Health Care Squeeze - NYTimes.com Page 1 of3 a!bt ~t\tr fJork iStmts r~ \/ t ~ I-n t:::' ~~~ , (J oq-NTER-nUtN:L..'1 F"~l4.&... SF':~'iCRE.o !t November 10, 2008 Some G.M. Retirees Are in a Health Care Squeeze By NICK BUNKLEY DETROIT - G~ner<!l Motors is living on borrowed time, spending more than $2 billion in cash a month and lobbying for a government bailout to keep it out of bankruptcy. And for about 100,000 of its white-collar retirees, time is about to run out on G~~,t's gold-plated medical benefits. To conserve its dwindling cash reserves, G.M. is eliminating lifetime health care coverage for its legions of retirees at the end of this year, leaving people like Ken Hewitt to fend for themselves in deciding how to cover their doctor's bills and prescription drug costs. "Everybody felt like they were set for life," said Mr. Hewitt, 81, who retired from the former Chevrolet Engineering Center in 1982 and lives north of Detroit. "It's been difficult, but the information they've given us has been beneficial. Still, when you get to be our age, it's tough to make any big changes like that." G.M. has had little choice this year but to make deep cuts wherever it can, including benefits that were long considered sacred. The move was announced in July as part of a package of broad cutbacks to increase the company's liquidity, including a 20 percent reduction in payroll for salaried workers and suspension of G.M.'s annual stock dividend of $1 a share. But even these and other measures have not been enough to stabilize the company's finances, as the auto industry suffers from a weakening economy and tight credit that makes it hard for shoppers to get loans. On Friday, G.M. warned that it might run short of cash by mid-2009, and it is asking for federal help with greater urgency. G.M. has estimated that eliminating the white-collar retiree medical benefits, in addition to pay and staffing cuts in its current white-collar work force, will save the company about $1.5 billion annually. Union contracts prevent the company from revoking coverage for former factory workers. Ford and Chrysler already have cut health coverage for salaried retirees. In fact, paying the cost of hospital stays, surgeries and expensive drugs for retirees, a group now larger than G.M.'s active work force, is a major reason the company's financial woes are so great. G.M. says it spent $4.6 billion in 2007 on health care for its one million employees and retirees and their dependents. Many retirees say they are aware of the burden these costs represent to the company, so they do not blame http://www.nytimes.com/2008/11/10/business/10gm.html? J=1 &oref=slogin&ref=busine... 11/10/2008 Some G.M. Retirees Are in a Health Care Squeeze - NYTimes.com Page 2 of3 G.M. for cutting them off. Even so, they lament the demise of such a valuable perk. "If the company goes out of business, we'll lose everything anyway," said Richard J. Moore, 70, who held management positions at G.M. plants in New York and Illinois before retiring in 1991 to suburban Phoenix. "You can't survive by giving away everything." G.M.'s decision to halt health care benefits for salaried retirees at age 65 means that nationwide, former engineers, plant managers and executives are anxiously trying to decipher various combinations of M!ldicare and other insurance plans. For months they have been poring over stacks of brochures and sitting through sometimes-baffling sales pitches ahead of an enrollment window that opens this month and ends Dec. 31. Because G.M. told them it would cover their health care for life, few studied up on Medicare and other coverage options as they approached retirement. "Some ofthese people have been on G.M.'s plan for 40 or 50 years, and now all ofthis is thrown at them," said Jack Dickinson, a G.M. retiree who runs the Web site OverTheHillCarPeople.com. "People are highly upset, confused and totally lost. The Medicare system is very hard for older people to tackle." Eliminating that confusion has been a major undertaking. G.M. scheduled 150 informational meetings in cities where its retirees are concentrated and hired a company called Extend Health to answer questions and help with Medicare enrollment. A company in Tennessee, My Part D USA, which provides personalized comparisons of different plans, has met with groups of G.M. retirees and is working with OverTheHillCarPeople.com to ease the transition. "These people have never had to deal with Medicare at all," said Karyn Blake of My Part D USA, a Detroit- area native whose uncles owned Cadillac and Oldsmobile dealerships. "They're hearing different things from different salespeople, and they're totally overwhelmed. I think they kind of feel abandoned." Many G.M. retirees have simply turned to one another for help, by getting together with former co-workers who live down the street, sharing information on Internet message boards, or discussing the issue at meetings of the numerous G.M. retiree clubs in Michigan, Florida and other states. "It's nothing that we ever had to think about before," Barbara Spencer, 77, who worked in payroll for Buick and retired in 1988. On Thursday, she attended a meeting of the Buick retirees club to discuss health care options. "You don't want to make a mistake," she added. To help retirees pay for their new coverage, G.M. is raising monthly pension payments by $300, which typically means $240 or $255 after taxes. The cost of replacement coverage varies, depending on a person's needs. Some find that they can get adequate benefits for about the same amount as their pension increase, but others must now find several hundred dollars more in their monthly budget. "Anyone that thinks they can go out and replace insurance that you had with General Motors for $255 and http://www.nytimes.com/2008/Il 1 1 O/businessll Ogm.html? J= 1 &oref=slogin&ref=busine... 11/10/2008 :Some U.M. Retirees Are in a Health Care Squeeze - NYTimes.com Page 3 of3 get the same kind of coverage, I'd like to sell them a bridge in Wisconsin somewhere," said Mr. Dickinson, 65, whose irritation with G.M.'s move is apparent in the headline "G.M. Robs Their Elderly Retirees" on his Web site atop information about the changeover. In recent months, he said, the number of visitors to the site has doubled and its membership - for a one- time $25 fee - has grown rapidly, keeping him and a small team of volunteers busy for many hours each day. Mr. Dickinson said G.M., regardless of its financial woes, was ignoring the steadfast loyalty that its retirees showed to the company by exclusively buying its vehicles and toiling there for decades. "Many of these people had other jobs offered to them," he said. "In 34 years with General Motors, I had many opportunities to go in other directions that were much more lucrative, but the promise of health care and pension for life was something that I had to consider." None, though, can look at the uncertainty confronting those who work for G.M., Ford and Chrysler today- along with the thousands whose jobs were eliminated - and feel they are the only ones being squeezed. "I just hope they can recover and come back," said Kenneth Shear Jr., 70, a former plant supervisor who retired in 1992 and now lives in Summerfield, Fla., in a community with a handful of other G.M. retirees. Mr. Shear was billed $52 to get a pacemaker several years ago, a $148,000 procedure, and never had to pay a health care bill in 31 years at G.M. "I used to tell some of the guys that worked for me that this job is not going to be available to your kids," he said. "I'm glad I had my career when I did." CODyrlaht 2008 The New York Times Company PIIYa~PQljc~ I Search I CQIrl!C112nl I ..~SSJ I fjrltLo.ok I Help. I c..QnlscLUII I WQrkJoLU.I. I SijeMsp. http://www.nytimes.com/2008/11/1 O/business/1 Ogm.html? _r= 1 &oref=slogin&ref=busine... 11/10/2008 VP-;CO LOtummst - Aner W., Le Deluge - NYTimes.com Page 1 of2 €1Je ~t\tr Dork tmmts '-~yt.lne:> ('" ll::tiNTERl'~I[N:;.Y Ft)IIt~.\.. SF'~"5CREn IIY October 19, 2008 OP-ED COLUMNIST After W., Le Deluge By MAUREEN DOwn It is the best of times, it is the worst of times. The best of times because W.'s long Reign of Error is about to end. The worst of times because, well, you know why. In this season of darkness, as Charles Dickens described an earlier mob scene, I'm feeling as vengeful and bloodthirsty as Madame Defarge sharpening her knitting needles at the guillotine. I even felt a little thrill go up my leg, as Chris Matthews would put it, when I heard that the Lehman Brothers C.E.O., Richard Fuld, got punched in the company gym after it was announced that the firm was going under. I can't wait to see the tumbrels rumble up and down Wall Street picking up the heedless and greedy financial aristocracy that plundered and sundered free-market capitalism. Just when we thought executives of A.I.G., the insurance giant bailed out by taxpayers for $123 billion, had been shamed into stopping their post-bailout Marie Antoinette spa treatments, luxury sports suites, Vegas and California posh resort retreats, we were dumbfounded to learn that some A.I.G. execs were cavorting at a lavish shooting party at a British country manor. London's News of the World sent undercover reporters to hunt down the feckless financiers on their $86,000 partridge hunt as they tromped through the countryside in tweed knickers, and then later as they "slurped fine wine" and feasted on pigeon breast and halibut. The paper reported that the A.I.G. revelers stayed at Plumber Manor - not the ancestral home of Joe the Plumber, a 17th-century country house in Dorset - and spent $17,500 for food and rooms. The private jet to get there cost another $17,500, and the limos added up to $8,000 more. In an astonishing let-them-eat-cake moment, the A.I.G. big shot Sebastian Preil held court at the bar and told an undercover reporter, "The recession will go on until about 2011, but the shooting was great today and we are relaxing fine." There were at least three New Yorkers bagging birds - Jeffrey Malkovsky, a senior director at A.I.G.'s Manhattan office, Hilary James, the general manager of the Bristol Plaza Hotel, and her friend, John Roberts, an A.I.G. adviser. Who are these looters of our loot? The New York Times should follow up the excellent Portraits of Grief it did http://www.nytimes.com/2008/1 011 9/opinionll 9dowd.html?sq=aig, maureen dowd&st=c... 11/10/2008 Op-Ed Columnist - After W., Le Deluge - NYTimes.com . Page (2 of2 after 9/11 with Portraits of Greed. Payback doesn't have to go as far as the French Revolution. The grifters shafting us don't have to shed blood, but they do have to give the money back. As far as these self-serving corporate con men and short-selling traders are concerned, off with their headsets. John McCain wasted his last-chance debate Wednesday by trying to stir up faux class rage against Barack Obama with Joe the Unvetted Plumber instead of tapping into the real class rage the country feels over bailing out ungrateful financiers who gambled away the life savings of working people. 'Tis a far, far better thing that New York's attorney general, Andrew Cuomo, did when he demanded that A.I.G.'s former executives who were trying to abscond with many millions in severance payments, bonuses and golden parachutes surrender the swag. He set a good example for the feds, who slapped Mr. Fuld in the face with a subpoena. Cuomo got A.I.G. to instantly reverse itself and cancel 160 conferences and other events that would have cost more than $8 million, as well as give up information on compensation, bonuses and other payments to determine whether they were fitting. (How could they be?) "We stopped a $10 million severance payment to Stephen Bensinger, the chief financial officer," Cuomo told me Friday. "Just look at the words chief financial officer. There's a phenomenon when senior management sees the corporation deteriorating and they concoct a version of looting the company to take care of themselves." Even Cuomo, who has been locked in battle with A.I.G. for a long time, was stunned when he learned of the British hunting folly. At first he thought it could not be true. "That was our partridge hunting trip," he said. "The partridge paid the ultimate price, but the taxpayer came close." He is using a state "claw back" law, which he says allows him to recover contracts and rescind payments if there was unjust compensation. Great. Now can he find the $123 billion lost by A.I.G. that we now have to plug with taxpayers' money? Let's hope that if Barack Obama becomes president, the first thing he does is keep his promise to make the junketeers come to Washington (preferably by bus or carpooling) and write the U.S. Treasury a check, after which he will fire them on the spot. Heads must roll. c..o9yrjg!)UQ~ The New Y~LC~m!lllM PrivacYF'olicy I SeaB::h I Correc!io.o~ I RSS I r:iL~1.~QO!s I Help I Contact l)~ I WQrkJor l)~ I Si1eMap http://www.nytimes.com/2008/1 0/19/opinion/19dowd.html?sq=aig, maureen dowd&st=c... 11/1 0/2008 AOl p>>money & finance http://money .aol.com/news/articles/ _a/bbdp/government-provides-more-aid-to-aig/242451 ?icid=1 00214... Government Provides More Aid to AIG CHARLOTTE, N.C. (Nov. 10) - American International Group Inc., once the world's largest insurer before being hit hard by the meltdown in the credit markets, said Monday that continued financial market turmoil resulted in a steep third-quarter loss. The results come as the U.S. government also Monday announced a restructuring of a bailout plan for the troubled insurer, boosting aid to the company to around $150 billion. Shares of AIG jumped 46 cents, or 22 percent, to $2.57 in morning trading, after trading at $2.84 earlier in the session. New York-based AIG said it lost $24.47 billion, or $9.05 per share, after a profit of $3.09 billion, or $1.19 per share, a year ago. Revenue declined 97 percent to $898 million from $29.84 billion in the third quarter 2007. "This is the largest quarterly loss we've ever reported," Chief Financial Officer David Herzog told investors on a conference call. "No one really knew what the losses were going to be, everyone knew that they were going to be horrible," said CreditSights analyst Rob Haines. And even with the additional help from the Federal Reserve and the Treasury Department, "AIG is still a troubled company," he said. The latest results include $7.05 billion in unrealized losses at AIG Financial Products, the source of credit-default swaps, and pre-tax losses of $18.31 billion tied to the declining value of AIG's investment portfolio. AIG's general insurance business swung to a loss on $1.39 billion in catastrophe losses, primarily related to hurricanes Gustav and Ike, falling investment income and increased losses at United Guaranty Corp. General insurance net premiums dipped nearly 1 percent to $11.73 billion, while total net premiums earned edged up 2.6 percent to $11.73 billion. Life-insurance and retirement-services profits were more than halved by weak partnership and mutual-fund results. Adjusted to exclude certain items, operating losses totaled $9.24 billion, or $3.42 per share, versus a profit of $3.49 billion, or $1.35 per share, last year. The results fell short of estimates. Analysts surveyed by Thomson Reuters, on average, forecast a loss estimate of 90 cents per share on revenue of $18 billion. "Reported earnings are not indicative of 1 http://money.aol.com/news/articles/_a/bbdp/government-provides-more-aid-to-aig/242451 ?icid= 100214... the underlying core earnings power of our insurance businesses, which remain solidly capitalized," said AIG President and Chief Executive Edward Liddy in a statement. "Retention of our customers remains strong and reflects the support and loyalty of our long-term partners, intermediaries and sponsors." The government's new financial assistance to AIG includes pouring $40 billion into the company in return for partial ownership. The Fed earlier this year said it would offer two loans totaling $123 billion to AIG. The insurance company was later allowed to access another $20.9 billion through the Fed's "commercial paper" program. Through that program, the Fed is buying mounds of companies' short- term debt often used for crucial day-to- day expenses, such as payrolls and supplies. Monday's restructuring provides AIG with easier terms on the Fed loans. The new package reduces the interest rate AIG will pay and extends loan terms to five years from two years, reducing the need for AIG to sell off business lines and other assets at firesale prices in order to repay the government. The action Monday was taken as it became increasingly clear that the original financial lifeline thrown to AIG would not be sufficient to stabilize the teetering company. In early October, AIG said it would sell certain business units to payoff the initial $85 billion Fed loan. The company on Monday had no new announcement on what AIG will look like when it emerges from its financial crisis or what assets are for sale, Liddy told investors on a conference call. "We are absolutely spot on consistent with where we were back in the beginning of October," he said. "The announcement of today gives us more flexibility and more time. We have great confidence in our ability to sell these remarkable assets." Like other insurers, AIG has been slammed by deterioration in the credit markets amid concerns that complex, structured investments it insures will increasingly default. Its problems did not come from its traditional insurance subsidiaries, but instead from its financial services operations, and primarily its insurance of mortgage-backed securities and other risky debt against default. If AIG couldn't make good on its promise to pay back soured debt, investors feared the consequences would pose a threat to the U.S. financial system, which led to the government bailout. AIG's traditional insurance subsidiaries, however, have widely been viewed as safe. AIG operates an insurance and financial services businesses ranging from property, casualty, auto and life insurance to annuity and investment services. 2 fi.1.U, May vel More III tlallout - N YTimes.com Page 1 of3 ebt ~t\tI tJork limts r,;yt I-j-ll,,' ,( C;r P::tNTERr'RIENO:.." FO~MA". SP<l.sOREO &,' I November 10, 2008 A.I.G. May Get More in Bailout By AN.DREWRQSSSmrKIN and MARYWl..LLl.A.M--5_W..ALSH The Bush administration was overhauling its rescue of the American International Groun on Sunday night, according to people involved in the deal, amid signs that the interest on its current credit line of more than $100 billion was putting too much strain on the ailing insurer. The Treasury Department and the Fe.d.1!r..lli Re~.1!IT~ were near a deal to abandon the initial bJljLQJ!tpJan and invest another $40 billion in the company, these people said. The government created an $85 billion emergency credit line in September to keep AI.G. from toppling and added $38 billion more in early October when it became clear that the original amount was not enough. When the restructured deal is complete, taxpayers will have invested and lent a total of $150 billion to A.I.G., the most the government has ever directed to a single private enterprise. It is a stark reversal of the government's assurance that its earlier moves had stabilized AI.G. The revised deal, which may be announced as early as Monday morning, is likely to intensify the debate in Washington over why some companies should be saved by the government while others are left to wither. The money would come from the $700 billion that Congress authorized the Treasury to use to shore up financial companies. Just this weekend, Democratic leaders in Congress called on the Bush administration to drop its opposition to using some of that money to rescue Detroit automakers. The government's original emergency line of credit, while saving AI.G. from bankruptcy for a time, now appears to have accelerated the company's problems. That short-term loan came with a high interest rate- about 14 percent - which forced the company into a fire sale of its assets and reduced its ability to pay back the loan, putting its future in jeopardy. The new deal would make the government a long-term investor in AI.G., something that Treasury Secretary Henry M. Paulson Jr. had said he hoped to avoid. As part of the revamping, the government would lower the loan amount to $60 billion from $85 billion, lengthen the payment schedule to five years from two years, and lower the interest rate. At the same time, the government, using part of the $700 billion fund, would buy $40 billion in preferred shares in AI.G. In return, A.I.G. would pay a 10 percent interest rate on those shares, similar to the interest rate that banks agreed to pay last month when they received cash injections. The government is also planning to spend an additional $30 billion to help AI.G. buy up a type of securities called "collateralized debt obligations" that the company had agreed to insure against default. As the insurer ofthose securities, AI.G. has been forced to put up large amounts of cash as collateral as the global economy http://www.nytimes.com/2008/11/1 O/business/economy /1 Oaig.html?sq=aig&st=cse&adx... 11 110/2008 - .-- ~._._--"~,._--,_..,.,---_..__.__.._"._.._-~--_.._-,,--""~--"-----'-'-------'--""-'-------~-_._"---"---~--_.. A.I.G. May Get More in Bailout - NYTimes.com Page 2 of3 has soured and the securities seemed increasingly likely to default. Indeed, these securities, worth hundreds of billions of dollars, are held by institutional investors around the world, a fact that government officials have cited to justify saving the company using taxpayer money. The new arrangement calls for A.I.G. to put the securities into a new entity, effectively removing them from the company's balance sheet. A.I.G. would contribute $5 billion to the new entity, which would buy $70 billion of the securities at 50 cents on the dollar, or $35 billion. The remaining $30 billion ofthe purchase price would come from the government. Finally, the government would invest another $20 billion in A.I.G. to help the company buy residential mortgage-backed securities that it also insured, and similarly place them into another entity off the company's balance sheet. The goal of both programs is to create separate entities to buy and hold the most toxic assets AJ.G. had promised to insure, so that if their value continues to fall A.I.G. would not have to account for those losses. The company has argued that the securities' falling value does not necessarily mean it has suffered a financial loss. Once A.I.G. buys the securities back from its trading partners, it will no longer have to provide cash as collateral under the terms of its insurance contracts - and collateral has been eating up more of A.I.G.'s cash than anything else since the broad financial crisis began. A spokeswoman for the Fed declined to comment. A spokeswoman for the Treasury did not return a call for comment. A spokesman for A.I.G. declined to comment. A.I.G. negotiated the original $85 billion revolving credit line with the Federal Reserve after its efforts to raise money from private lenders failed in the panic of mid-September. The amount that it needed ballooned in just a few days, as counterparties to A.I.G.'s insurance on complex debt securities laid claim to whatever collateral they could get. People briefed on the negotiations said the $85 billion was thought at the time to be the maximum amount that AJ.G. would need, including a little extra for a cushion. The interest rate was set at the three-month Libor plus 8.5 percent, which currently works out to around 14 percent. (Libor, or London interbank offered rate, is a commonly used index that tracks the rates banks charge when they lend to each other.) In exchange for making the loan, the Fed was promised a 79.9 percent stake in A.I.G. The $40 billion of preferred shares will not change the size ofthe government's stake in A.I.G., people briefed on the plans said. Edward Liddy, the insurance executive brought in to lead the company out of the crisis, initially said he believed the Fed money would be like water pouring into a bathtub - a lot might be needed at first, but eventually the tub would be filled and the faucet could be turned off. Since then, A.I.G. turned out to need more money than expected, and it has not been able to sell subsidiaries http://www.nytimes.com/2008/ll/l Olbusiness/economy 11 Oaig.html?sq=aig&st=cse&adx... 11/10/2008 A.1.G. May Get More in Bailout - NYTimes.com Page 3 of3 quickly enough to pay down the loan as required. Even as the government works to solidify A.I.G.'s finances, elected officials have been demanding a fuller accounting of the company's business practices and executive pay structure. In October, the New York attorney general, Andt~w M.CuoI!l.Q, reached an agreement forcing A.I.G. to freeze payments to former executives. "I find it hard to conceive of situation that you could justify a performance bonus for management that virtually bankrupted the company," Mr. Cuomo said after the agreement was made. That agreement followed the revelation, in a hearing convened by Representative Henry A. Waxman, Democrat of California, that the former head of A.I.G.'s troubled financial products unit, Joseph J. Cassano, had been put on a retainer of $1 million a month after being dismissed in February. Mr. Waxman, as well as Senator Ch~rles E. Grassley, Republican of Iowa, have demanded that A.I.G. provide a more detailed accounting of its credit derivatives business. C21W9.1:!t~Q6. 1.l1.e New Yor~.IJm~....QQ!!l.MDY. Prlvacv Policv I ~ I Corrections I RSS I ! First LOO~^ I ~ I Contact Us I Work for Us I Stte MaD http://www.nytimes.com/2008/11/1 Olbusiness/economy 11 Oaig.html ?sq=aig&st=cse&adx... 11/1012008 A.I.G. Rescue Grows to Billion - Mergers, Acquisitions, Venture Capital, Hedge Funds --... Page 1 of3 ~t~nvlotkhtf Monday, November 10, 2008 Business WORLD U.S. N.Y./REGION BUSINESS TECHNOLOGY SCIENCE HEALTH SPORTS OPINION Get Home Delivery Log In Register Now TRAVEL JOBS REAL ESTATE AUTOS Searcb Search Business f\Jews, Stocks, Funds, Companies Financial Tools 00 Select a Financial Tool More in Business >> World Markets Economy DealBook Media & Small Your Business Advertising Business Money SEARCH DEALBOOK Sponsored by Go Dea.IBook Edited by Andrew Ross Sorkin DEALBOOK MERGERS &: INVESTMENT I.P.O. / PRIVATE HOME ACQUlSmONs BANKING OFFERINGS EQUITY JOBS HEDGE VENTURE I.EGI\L FUNDS CAPITAL AJ.G. Rescue Grows to $150 Billion NOVEMBER 10, 2008, 6:48 AM Link to This E-mail This TOPICS INDUSTRIES Legal Financial Services The Bush administration revised its rescue of the American International Group, raising the total amount to $150 billion, amid signs that the interest on its current credit line of more than $100 billion was putting too much strain on the ailing insurer. The Treasury Department and the Federal Reserve said early Monday that they are abandoning the initial bailout plan and invest another $40 billion in the company. The government created an $85 billion emergency credit line in September to keep AI.G. from toppling and added $38 billion more in early October when it became clear that the original amount was not enough. The company also said that it lost $24.47 billion in the third quarter. The results - a stark reversal from what it reported a year ago - include $18.31 billion in pretax losses tied to AI.G.'s investment portfolio. Excluding one-time items, the insurer's operating losses amounted to $3.42 a share, vastly outstripping t!:teaYemge.analYst~timatedJQ!>s of 90 cents a share. After the revised bailout, taxpayers will have invested and lent a total of $150 billion to AI.G., the most the government has ever direded to a single private enterprise, The Times said. It is a stark reversal of the government's assurance that its earlier moves had stabilized A.I.G. '''This innovative solution enhances AIG's liquidity position," Edward Liddy, A.I.G.'s chief executive, said in a statement. "At the same time, American taxpayers will be fairly compensated for funds lent to AIG, and they will capture the majority of any appreciation in the value of the securities involved in the program in the years ahead." The revised deal is likely to intensify the debate in Washington over why some companies should be saved by the government while others are left to wither, The Times noted. 1be money is coming from the $700 billion that Congress authorized the Treasury to use to shore up financial companies, the report said. Just this weekend, Democratic leaders in Congress called on the Bush administration to drop its opposition to using some of that money to rescue Detroit automakers. The government's original emergency line of credit, while saving A.l.G. from bankruptcy for a time, now appears to have accelerated the company's problems. 111at short-term loan came with a high interest rate - about 14 percent - which forced the company into LA TEST DEAL BOOK HEADLINES MERGERS & ACQUISITIONS. HBOS Rejects Scottish Ex - Bank Chiefs Bid to Block Deal Questions About a Tax Change Easing Bank Mergers India's Satvam Takes Over Motorola Development Center INVESTMENT BANKING. Ranieri-Led Bank Is Seized Banks Mull Changes to Bonus Structure, Report Says HSBC's Profit Up on Year, Takes $4.9 Billion Hit I.P.O.lOFFERINGS. Grand Canyon Plans to Break I.P .0. Drought Santander to Raise $9.2 Billion in Rights Issue Cable & Wireless Postpones DemergeI' PRIVATE EQUITY. Las Vegas Sands to Detail Plans Next Week, Report Says Market's Collapse Echoes in a Manhattan Tower Huntsman in Talks to Recut Deal Price c. HEDGE FUNDS. A Frightful Month for Hedge Funds What Crisis? Some Hedge Funds Are Gaining Financiers Flee 15 Broad Street VENTURE CAPITAL. Cash Fears Loom in V.C. Industry ImageShack Takes $15 Million from Sequoia, Report Says BiITorrent Sacks Half Its Staff LEGAL. Sizing Up A.I.G.'s New Bailout Cleary Names New Pmtners and Counsel Fed Officials Speak Out on NewA.I.G, Rescue http://dealbook.blogs.nytimes.com/2008/ 11 1 1 O/aig -may -get -more- in-bailout/?scp=3 &sq=... 11110/2008 A.I.G. Re~cue Grows to Billion - Mergers, Acquisitions, Venture Capital, Hedge Funds --... Page 2 of 3 a fire sale of its assets and reduced its ability to pay back the loan, putting its future in jeopardy. The new deal will make the government a long-term investor in AI.G., something that Treasury Secretary Henry M. Paulson .Jr. had said he hoped to avoid. As part of the revamping, the government will lower the loan amount to $60 billion from $85 billion, lengthen the payment schedule to five years from two years, and lower the interest rate. At the same time, the government, using part of the $700 billion fund, will buy $40 billion in preferred shares in A.I.G. In return, A.I.G. will pay a 10 percent interest rate on those shares, similar to the interest rate that banks agreed to pay last month when they received cash injections, The Times said. The government is also planning to spend an additional $30 billion to help AI.G. buy up a type of securities called "collateralized debt obligations" that the company had agreed to insure against default, according to the newspaper. A"> the insurer of those securities, AI.G. has been forced to put up large amounts of cash as collateral as the global economy has soured and the securities seemed increasingly likely to default. Indeed, these securities, worth hundreds of billions of dollars, are held by institutional investors around the world, a fact that government officials have cited to justify saving the company using taxpayer money. The new arrangement calls for A.I.G. to put the securities into a new entity, effectively removing them ti'om the company's balance sheet, The Times reported. A.I.G. will contribute $5 billion to the new entity, which would buy $70 billion of the securities at 50 cents on the dollar, or $35 billion, The Times said. The remaining $30 billion of the purchase price will come from the government. Finally, the government ,vill invest another $20 billion in AJ.G. to help the company buy residential mortgage-backed securities that it also insured, and similarly place them into another entity off the company's balance sheet. The goal of both programs is to create separate entities to buy and hold the most toxic assets A.I.G. had promised to insure, so that if their value continues to fall AJ.G. would not have to account for those losses. The company has argued that the securities' falling value does not necessarily mean it has suffered a financial loss. Once AI.G. buys the securities back from its trading partners, it will no longer have to provide cash as collateral under the terms of its insurance contracts - and collateral has been eating up more of AI.G.'s cash than anything else since the broad tinancial crisis began. A.I.G. negotiated the original $85 billion revolving credit line with the Federal Reserve after its efforts to raise money from private lenders failed in the panic of mid-September. The amount that it needed ballooned in just a few days, as counterparties to AI.G.'s insurance on complex debt securities laid claim to whatever collateral they could get. People briefed on the negotiations told The Times the $85 billion was thought at the time to be the maximum amount that A.I.G. would need, including a little extra for a cushion. The interest rate was set at the three-month Libor plus 8.5 percent, which currently works out to around 14 percent. (Libor, or London interbank offered rate, is a commonly used index that tracks the rates banks charge when they lend to each other.) In exchange for making the loan, the Fed was promised a 79.9 percent stake in A.I.G. The $40 billion of preferred shares will not change the size of the government's stake in AI.G., The Times aid, citing people briefed on the plans. Mr. Liddy, an insurance industry veteran brought in to lead the company out of the crisis, initially said he believed the Fed money would be like water pouring into a bathtub - a DEALBOOK NEWS BY INDUSTRY Airlines I Energy I Healthcare Retail I Autos Utilities Media Leisure Basic Financial Real Estate Technology Industries SelVtces Telecom Consumer Food & Goods Beverage Get DealBook by E-Mail ~i_l;Il1_lJPfc>r financerleYJ,s,sEtrlt~E!f()reth~..~.P~,i,~g bell. Sign Up See Sample I Privacy Policy IbrNno lotkC6imttl HEALTH nytlmes.comlhealth Lifting the curtain on depression Also in Health: DePfession.lin.kegJo.Pfemetu.re..g.e.!ive.O.e.s. H.es..geP[essio.n..io.te.IT\IPte.g..Yo.uf.'-'lfe.erpeth? Wh.al.ere.Jhe...sYmp.tom.s..otgePr:essi.QOJ' Ads by Google what's this') !!l.d ustrvJl!!DJU reS Early Liquidity for Venture Capital investments www.industryventures.com A.I.G.: Buv. Sell. Hold? Don't trade anything until you see our special BestNewsletters report. www.TheBestNewsletters.com Private Equity Firms Sorted by industry of investment interest. www.privateequtty;nfo.com http://dealbook.blogs.nytimes.com/2008/11/1 0/aig-may-get-more-in-bailout/?scp=3&sq=... 11/1 0/2008 A.I.G. Rescue Grows to Billion - Mergers, Acquisitions, Venture Capital, Hedge Funds --... Page 3 of3 lot might be needed at first, but eventually the tub would be filled and the faucet could be turned off. Since then, A.I.G. turned out to need more money than expected, and it has not been able to sell subsidiaries quickly enough to pay down the loan as required. Even as the government works to solidify A.l.G.'s finances, elected officials have been demanding a fuller accounting ofthe company's business practices and executive pay structure. In October, the New York attorney general, Andrew M. Cuomo, reached an agreement forcing A.I.G. to freeze payments to former executives. "I find it hard to conceive of situation that you could justify a performance bonus for management that virtually bankrupted the company," Mr. Cuomo said after the agreement was made. That agreement followed the revelation, in a hearing convened by Representative Henry A. Waxman, Democrat of California, that the former head of A.I.G.'s troubled financial products unit, ,Joseph ,J. Cassano, had been put on a retainer of $1 million a month after being dismissed in February. Mr. Waxman, as well as Senator Charles E. Grassley, Republican ofIowa, have demanded that A.I.G. provide a more detailed accounting of its credit derivatives business. Go to A.I.G./Treasury /Federal Reserve Press Release via Business Wire )) GoJoA.I,G.P.t~ss.Rcki\scyii\J:lusi!lcssw.:irc)! Go.to.Artic!c..frorn..111cNcwYorKTirnes..!> Go to Related Article from The Associated Press via The New York Times )) Add your comments... Name Required E-mail Required (will not be published) Comment Submit Comment Comments (we mOde1'Hted and will he posted ({they a1'e on-topic: wuI not abusive. 'l11ey nwy be editedfor length and clarity. For more irt!,w/1lation see ow' Member Agreement. U9m~ WQdl1 V.S N.Y..LR.\'I9iQ.n fly~iD~.~~ II'1~hD.Q!QllY C.Q.Ryrillh!.Z.QQ~ .Th~..N~wYQr!s.Tim~~C9mp1!nY I'riv...l<iI'9.!i"y sg.I~h CQrr~.<;ji.Qn~ XMJ. Ir1!v.gIJ9!l~ Rg..I..~.s!.te. A.\!t9.s.B.~~JQTQP C.Qn\1!"tUs. VilQrUQr.U.$ SHI'1M1!P http://dealbook.blogs.nytimes.com/2008/ll/l O/aig -may -get -more- in-bailout/?scp=3&sq=... 11/1 0/2008 lJ,.S. Provides More Aid to Big Insurer - NYTimes.com Page 1 of 4 miff Ne\tJ lork lime, , nytllTles.com Pllt,NTER.f"RIENDt..Y FO""4"". SPCHiORED ''1 November 11, 2008 U .8. Provides More Aid to Big Insurer By AN.uRE.WJ~QSlL5-o.RKIN and MARYWILLIAMS-WAl.S.H The federai government announced on Monday an overhaul of its bailout of the insurance giant American International Group, saying it would purchase $40 billion of the company's stock, after signs that the initial bailout was putting too much strain on the company. In a joint statement, the ~.deral Reserv~ and the Treasury said the move was necessary "in order to keep the company strong and facilitate its ability to complete its restructuring process successfully." The new measures, they said, would help the company and promote market stability while protecting the interests of the federal government and taxpayers. The revised bailout came as A.I.G. reported a loss Monday of $24.47 billion, or $9.05 a share in the third quarter, after a profit of $3.09 billion, or $1.19 a share, a year ago. The results included pretax losses of $18.31 billion from the declining value of AI.G.'s investments. In the revised bailout, the Treasury Department will use the Troubled Asset Relief Program, the $700 billion financial system rescue plan, to buy $40 billion of newly issued AI.G. preferred shares. The government created an $85 billion emergency credit line in September to keep A.I.G. from toppling and added $38 billion more in early October when it became clear that the original amount was not enough. As part of the revision, the Federal Reserve said it would reduce that credit line to $60 billion. When the reorganized deal is complete, taxpayers will have invested and lent a total of $150 billion to AI.G., the most the government has ever directed to a single private enterprise. It is a stark reversal of the government's assurance that its earlier moves had stemmed the bleeding at AI.G. But Fed officials said the $40 billion investment would allow them to reduce their exposure to $112 billion from $152 billion, and improve the condition of the collateral of its loan. The revised deal will probably intensify the debate in Washington over why some companies should be saved while others are left to wither. Congress had authorized the Treasury to use the $700 billion to shore up financial companies. But just this weekend, Democratic leaders in Congress called on the Bush administration to drop its opposition to using some of that money to rescue Detroit automakers. The government's original emergency line of credit, while saving AI.G. from seeking bankruptcy protection for a time, now appears to have accelerated the company's problems. The government's original short-term loan came with a high interest rate - about 14 percent - which forced the company into a fire sale of its assets and reduced its ability to pay back the loan, putting its future in jeopardy. The Fed said Monday that it would reduce the interest rate on that credit facility to three-month Libor plus 3 http://www.nytimes.com/2008/l1/11 /business/economy/ll aig.html? J= 1 &hp=&oref=slo... 11/10/2008 U.S. Provides More Aid to Big Insurer - NYTimes.com Page 2 of 4 percentage points from the current rate of three-month Libor plus 8.50 points. Libor, the London interbank offered rate, is a commonly used index that tracks the rates banks charge when they lend to one another. The fee on undrawn funds will be reduced to 0.75 point from the current rate of 8.5 points. Federal Reserve officials said they have held discussions with A.I.G. management since they struck the original deal in mid-September. At the time, the government did not have the authority to make direct investments in financial companies. Now that they do, they believe that the approach is a more prudent way of stabilizing the company. The new deal makes the government a long-term investor in A.I.G., something that Treasury Secretary Henry M. Paulson Jr. had said he hoped to avoid. The government will also spend $30 billion to help A.I.G. buy up a type of security called collateralized debt obligations that the company had agreed to insure against default. The securities are now held by institutional investors. As their insurer, A.I.G has been forced to put up large amounts of cash as collateral as the global economy has soured and the securities seemed increasingly likely to default. The new arrangement calls for A.I.G. to put the securities into a new entity, effectively removing them from the company's balance sheet. A.I.G. would contribute $5 billion to the entity, which would buy $70 billion of the securities at 50 cents on the dollar, or $35 billion. The remaining $30 billion of the purchase price would come from the government. Finally, the government will invest another $22.5 billion in A.I.G. to help the company buy residential mortgage-backed securities that it also insured, and similarly place them into another entity off the company's balance sheet. A.I.G. will put up $1 billion itself. The goal of both programs is to create separate entities to buy and hold the most toxic assets A.I.G. had promised to insure, so that if their value continues to fall A.I.G. will not have to include those losses in its bottom line. The company has argued that the securities' falling value does not necessarily mean it has suffered a financial loss. Once A.I.G. buys the securities back from its trading partners, it will no longer have to provide cash as collateral under the terms of its insurance contracts - and collateral has been eating up more of A.I.G.'s cash than anything else since the broad fi~:ULl!C.iaLcdl'l~ began. A.I.G. negotiated the original $85 billion revolving credit line with the Federal Reserve after its efforts to raise money from private lenders failed in the panic of mid-September. The amount that it needed ballooned in a few days, as counterparties to A.I.G.'s insurance on complex debt securities laid claim to whatever collateral they could get. People briefed on the negotiations said before the announcement Monday that the $85 billion was thought at the time to be the maximum amount that A.I.G. would need, including a little extra for a cushion. In http://www.nytimes.com/20081l1/11/business/economy/ 11 aig.html? J= 1 &hp=&oref=slo... 11/10/2008 y.S. Provides More Aid to Big Insurer - NYTimes.com Page 3 of 4 exchange for making the loan, the Fed was promised a 79.9 percent stake in A.I.G.. The Fed and the Treasury Department said Monday that the federal government "intends to exit its support of A.I.G. over time in a disciplined manner consistent with maximizing the value of its investments and promoting financial stability." Edward Liddy, the insurance executive brought in to lead the company out of the crisis, initially said he believed the Fed money would be like water pouring into a bathtub - a lot might be needed at first, but eventually the tub would be filled and the faucet could be turned off. Since then, AI.G. has needed more money than expected, and it has not been able to sell subsidiaries quickly enough to pay down the loan as required. In addition to the $85 billion Fed loan and the $38 billion special lending facility, AI.G. recently said it had been granted access to the Fed's commercial-paper program, which is available to all companies that issued commercial paper before the credit markets seized up. AI.G. can borrow up to $20.9 billion under the program. On Sunday night, Mr. Paulson briefed a representative of President-elect Barack Obama's transition team on the revised plan, according to senior Treasury officials, who spoke on condition of anonymity. The officials said the $40 billion A.I.G. investment is separate from the $250 billion the Treasury has earmarked for buying stakes in banks. That leaves the Treasury $60 billion to work with, as the first allotment of the $700 billion program was $350 billion. The officials said they had chosen to freeze the A.I.G. bonus pool, rather than eliminate bonuses altogether, because the company needed the flexibility to retain its existing management. The officials also said they had heard from insurers and companies in other industries about possible capital injections, and that they did not rule out making such investments. But they said that AI.G., as a systemically important company, was clearly a special case. Even as the government works to solidify AI.G.'s finances, elected officials have been demanding a fuller accounting of the company's business practices and executive pay structure. The arrangement announced Monday requires that AI.G. limit executive pay and perks and freeze the size of the annual bonus pool for the top 70 company executives. In October, the New York State attorney general, Andrew M. Cuomo, reached an agreement forcing A.I.G. to freeze payments to former executives. "I find it hard to conceive of a situation that you could justify a performance bonus for management that virtually bankrupted the company," Mr. Cuomo said after the agreement was made. The move followed the revelation, in a congressional hearing convened by Representative Henry Waxman, that the former head of AI.G.'s troubled financial products unit, Joseph Cassano, had been put on a retainer of $1 million a month after being dismissed in February. Mr. Waxman and Senator Chalte_LGIfJ,S_sJex have demanded that AI.G. provide a more detailed accounting of http://www.nytimes.com/2008/II/lI /business/economy/II aig.html? J= 1 &hp=&oref=slo... II/l 0/2008 U.S. Provides More Aid to Big Insurer - NYTimes.com Page 4 of 4 its credit derivatives business. David Jolly and Eric Dash contributed. CQpyr!gb1.O!_O_Q!! ~Qrk TL.I11~..LC.QmPMY: F.'[IVI!l;:Y:J'Q!iCJI I S~!!rro I CQrr~l;1!Qn' I~..!j I fj~U.QQk I H~!R I CQn!!!J~tU' I 'MlrkJ9LU., I Sj!~M!!p http:/ /www.nytimes.com/2008/11/1l/business/economy/11aig.html?_F 1 &hp=&oref=slo... 11/10/2008 Skeptics Rail at Expanded A.I.G. Bailout - Mergers, Acquisitions, Venture Capital, Hedg... Page 1 of2 !lJt ~l'\lJ york rtmtt Monday, November 10, 2008 Business s..,cb Get Home Delivery Log In Register Now <..~) Business ~J All NYT WORLD U.S. N.Y./REGION BUSINESS TECHNOLOGY SCIENCE HEALTH SPORTS OPINION ARTS STYLE TRAVEL JOBS REAL ESTATE AUTOS Search Business Financial Tools Go Select a Financial Tool More In Business . World Markets Economy DealBook Media & Small Your Business Advertising Buslnes. Money News. Stocks Funds Compaf1ie~ DeaIBook Edited by Andrew Ross Sorkin DEALBOOK MEllGERS.. INVESTMENT I.P.O. / PRIVATE HOME ACQUIsmONS BANKING OFFERINGS EQUITY SEARCH DEAL BOOK 00 JOBS HEDGE VENTURE i.El;,\1. FUNDS CAPITAL Skeptics Rail at Expanded A.I.G. Bailout NOVEMBER 10. 200S. s:02 AM Link to This E-mail Thle TOPICS INDUSTRIES Legal Financial Services lI'; 0 0 000 The government's original $85 billion bailout loan to American . O' International Group generated quite a bit of controversy when it was .'0 announced bank in September. So it was hardly surprising that on Monday, when the giant insurer unveiled a ~vised rescue package consisting of $150 billion in loans and equity investments, bloggers had pointed commentary on this latest development. One of the earliest and strongest reactions came from Yves Smith, wliting on his Naked Capitalism blog. He argued that A.I.G. was being "coddled for no reason whatsoever" and asserted that, no matter what the Federal Reserve might say in its press release, the new terms "make the deal worse for the taxpayer" in every respect. Mr. Smith took issue with the government's apparent decision to back down on some of the more punitive measures it took in the first bailout package - the interest rates have now been lowered, for example. He wrote: AIG should have no rights at this point. Zero. Zip. Nada. The government already on the hook for an open-ended liability. Yet the Fed is treating AIG as a party that has rights and is negotiating with them, as opposed to dictating terms. This is staggering. Among other changes, the government wil1 be buying $40 bi1lion in preferred stock from A.I.G. under the new plan. It will also provide about $30 billion for A.I.G. to buy some of the col1ateralized debt obligations underl}ing its troubled credit default swap positions. In its press rdease on Monday, the Federal Reserve stated that the revised rescue package was good for taxpayers. It wrote: "These new measures establish a 1110re durable capital structure, resolve liquidity issues, facilitate AIG's execution of its plan to sel1 certain of its businesses in an orderly manner, prol11ote market stability, and protect the interests of the U.S. government and taxpayers," the statement said. But Joe Weiscnthal, writing on the Clustcrstoek blog, suggested that the "whole thing is being spun to make it sound like something other than just throwing more money onto the fire." Aft!'r it was n'vealed that a unit of A.lo(~. might be owrwhelmed by credit default swaps GErI!I~~R - VllVOIfASMJI_ TO lIFEI 1115 SWIt as LA TEST DEALBOOK HEADLINES MERGERS & ACQUISITIONS. HBOS Rejects Scottish Ex - Bank Chiefs Bid to Block Deal Questions About a Tax Change Easing Bank Mergers India's Salyam Takes Owr Motorola Development Center INVESTMENT BANKING. Ranieri-Led Bank Is Seized Baoks Mull Changes to Bonus Strueture. Report Says HSBC's Profit Up on Year. Takes $4.<) Billion Hit I.P.O.lOFFERINGS. Grand Canvon Plans to Bn.ak l.p.6 Drought Santander to Raise $9.2 Billion in Rights Issue Cable & Wireless Postpones Demerger PRIVATE EQUITY. Las Vegut: Sands to Detail Plans Next Week, R,'port Says Market's Collapse Eeho"s in a I\lanhattan To\'.'cr 1 Juntsm~m in T4!lks to Ret'ut Deal Price HEDGE FUNDS. A Frightful Month fo,' Hedge Funds What Crisis'/ Some Hedge Funds Are Gaining Financiers Flee 15 Broad Street VENTURE CAPITAL. Cash Fears Loom in V.C. Industry ImageShack Takes $15 Million from Sequoia, Report Says BitTorrent Sacks Half Its Staff LEGAl. Sizing Up A.l.G.'s New Bailout Clear\' Names New Partner... and Counsel Fed Officials Speak Out on New A.l.G. Rescue http://dealbook.blogs.nytimes.com/2008/11/1 O/skeptics-rail-at -expanded-aig-bailoutl 11/1 0/2008 Skeptics Rail at Expanded A.I.O. Bailout - Mergers, Acquisitions, Venture Capital, Hedg... Page 2 of2 - which protect counterparties in the event that certain securities default - the government stepped in with a $85 billion package to stabilize the company. It was widely believed that the global markets could be thrown into chaos if A.I.G. were to fail. But. as The New York Times repOlted Monday, the terms of the initial bailout "now seem to be putting too much strain on the ailing insurer." Questions have already been raised among some analysts about how A.I.G.'s financial ho1c- gill so_mJ!!;h];Jj~r so fast. Edward Liddy, installed as A.I.G.'s new chief executive after the first bailout plan, said in ast<ltel'nent Monday that the company's goal "is to repay taxpayers in full with interest, and emerge as a focused global insurer that will create meaningful value for taxpayers and other stakeholders." Qg..1QltemRQ..11J Nak~~.J:;apjlu!ll;m ~ GQJo Itcrn fr9JILC!Ys1cX1il()sk.~ Add your comments... Name Required E-mail Required (will not be published) Comment Submit Comment Commel/ts w'e modemted and will 1)1' posted if tlli'Y 0/'1' on-topic and not allusive. They may be editedfo/' length and clarity, Fell' mo/'e ir!lo1'l1wtion see our Member' Agl'eement. DEALBOOK NEWS BY INDUSTRY Ai~ines I Energy I Healthcare Retail I Autos Utilities Media LeIsure Basic FinanCial Real Estate Technology Industries Services Telecom Consumer Food & Goods Beverage Get DealBook by E-Mail D Sign up for flnance news. sent before the. opening bell. I Sign Up See Sample I Privaey potrey ~t~N !Jodclimftl HEALTH lifting the curtain on depression Also in Health: Oellre.UiooJiOX.e.d.Jo..llrem.e.IUlll..d.!liiYedlll. He.I..dellreuio.n..inlellllllled.YoUC!;l!fUf.lle.lh.? WI:!.IlUr\l..lh.....IYmIlJoml.oI.d.IlI1!.lsi.on1 Ads by Google Industrv Ve!ltllrlI Eaoy Liquidity for Venture Capllallnvestments www.lndustryvllntures.com what's this" Meraers Acquisitions 'nvestor in Management Buyouts. PE Buyouts & Pnvate Companies. Americ.nClpltll,com A.I.G.: Buv. Sell. Hold? Don't trade anything until you see our spacial Be.tNewsletters raport. www.TheBestNewaletterl.com C;opyrigJH.:;20Q.Q Ih.eNew:.Y.QrK..T.ifT)e~.c.()mpaJW .P.rjy~.t;YJ?9.Hqy' $_~.a.rGD_ Q:)rr~.~1t(m.~ .XMh .tJ_fl.1p .com~r.t.J;~. WP~J9L\1.S. $.i~9..M.tl.P Home Wo~d Irs N.y'/Regipn Byslness Technplogy SGlenC,ll He'llth SPorts OpiniOn J\r.tsSJyi. TraYsl Jops RNI.".state A\ltOS eack to Top http://dealbook.blogs.nytimes.com/2008/11 / 1 O/skeptics-rail-at -expanded-aig-bailout/ 11/10/2008 Op-Ed Columnist - After W., Le Deluge - NYTimes.com Page 1 of2 'J,t New lork.&mtl nytn'16-s.com PRiNHR.PRIENIH.Y FllIIMA1. SP<l"SOREO Iff October 19, 2008 OP-ED COLUMNIST After W., Le Deluge By MAUREEN DOwn It is the best of times, it is the worst of times. The best of times because W.'s long Reign of Error is about to end. The worst of times because, well, you know why. In this season of darkness, as Charles Dickens described an earlier mob scene, I'm feeling as vengeful and bloodthirsty as Madame Defarge sharpening her knitting needles at the guillotine. I even felt a little thrill go up my leg, as Chris Matthews would put it, when I heard that the Lehman Brothers C.E.O., Richard Fuld, got punched in the company gym after it was announced that the firm was going under. I can't wait to see the tumbrels rumble up and down Wall Street picking up the heedless and greedy financial aristocracy that plundered and sundered free-market capitalism. Just when we thought executives of AI.G., the insurance giant bailed out by taxpayers for $123 billion, had been shamed into stopping their post-bailout Marie Antoinette spa treatments, luxury sports suites, Vegas and California posh resort retreats, we were dumbfounded to learn that some AI.G. execs were cavorting at a lavish shooting party at a British country manor. London's News ofthe World sent undercover reporters to hunt down the feckless financiers on their $86,000 partridge hunt as they tromped through the countryside in tweed knickers, and then later as they "slurped fine wine" and feasted on pigeon breast and halibut. The paper reported that the AI.G. revelers stayed at Plumber Manor - not the ancestral home of Joe the Plumber, a 17th-century country house in Dorset - and spent $17,500 for food and rooms. The private jet to get there cost another $17,500, and the limos added up to $8,000 more. In an astonishing let-them-eat-cake moment, the AI.G. big shot Sebastian Preil held court at the bar and told an undercover reporter, "The recession will go on until about 2011, but the shooting was great today and we are relaxing fine." There were at least three New Yorkers bagging birds - Jeffrey Malkovsky, a senior director at A.I.G.'s Manhattan office, Hilary James, the general manager of the Bristol Plaza Hotel, and her friend, John Roberts, an AI.G. adviser. Who are these looters of our loot? The New York Times should follow up the excellent Portraits of Grief it did http://www.nytimes.com/2008/10/19/opinion/19dowd.html?sq=aig.maureendowd&st=c...l1/1 0/2008 Transit Agencies Seek Aid in Avoiding A.LG. Fees - NYTimes.com Page 1 of2 ~J,e Ntt.,lork"l1lWI nytm16s.C()f\') Pl1UNT"ER"fRIENOlY FORMAt. SPOHs.eREO BY November 5, 2008 Transit Agencies Seek Aid in Avoiding A.I.G. Fees By D,'NI~LEY BROWNING The troubles of the American International Group are causing headaches for dozens of municipal transit authorities, which want the federal government to help them avoid multimillion-dollar early-termination fees for tax shelters linked to the troubled insurance giant. The authorities are asking the government to assume AI.G.'s role in scores of tax shelters, even though the Internal Revenue Service considers the transactions abusive. They also want the government to help them avoid billions of dollars in payments caused by the downgrading of AI.G.'s credit rating. The deals are guaranteed by AI.G., which was rescued by the government in September. But a prominent trade group that represents major transit authorities in the United States, including agencies in Chicago, Los Angeles, San Francisco and New York, has asked the government to back them instead. Doing so, the authorities say, would allow them to avoid paying about $4 billion in early-termination fees to AI.G., other insurance companies and banks involved in the deals. The banks say they are owed the money because A.I.G.'s credit ratings have been downgraded. The tax shelters, known as Lilo and Silo, have been under intense scrutiny from the I.R.S. in recent years. They flourished from the late 1990S through 2003, and cost the Treasury an estimated $34 billion in unpaid federal taxes. The I.R.S. banned a version of Lilo in 1999 and again in 2002, and then banned Silo in 2004. The agency says it has never considered them valid for tax deductions, meaning that the banks and insurers, and not the transit authorities, which are exempt from paying taxes, are the ones who got into tax trouble. The shelters revolve around long-term lease-back arrangements. In the deals, corporations bought infrastructure like subways and bridges from municipal authorities and then leased them back to the authorities. The corporations got big tax breaks, and the authorities got enhanced cash flow. From 1988 to 2003, dozens of transit authorities in 25 large cities did 87 Lilo and Silo deals worth more than $16 billion, according to the Federal Transit Administration. Lilo is short for lease-injlease-out, and Silo is short for sale-injlease-out. Over the years, about 45 corporations bought more than 1,000 of the shelters, according to the I.R.S. Last August, the agency offered buyers a final chance settle up or face back taxes, fines, penalties and potential litigation. http://www.nytimes.com/2008/11/05/business/05tax.html?_r= 1 &sq=aig&st=cse&oref=slo... 11/6/2008 Transit Agencies Seek Aid in Avoiding A.I.G. Fees - NYTimes.com Page 2 of2 A spokesman for the Treasury said Tuesday that the department "is aware of the situation." But on Oct. 22, the American Public Transportation Association, a leading trade group, sent a letter to the Transportation Department asking it to urge Treasury Secretary Henry M. Paulson Jr. and Ben S. Bernanke, the Federal Reserve chairman, to replace A.I.G.'s role in the deal with the federal government. Several prominent Congressional Democrats have also urged the change. A.I.G. played a crucial role in the transactions by acting as a guarantor. The Washington Metropolitan Area Transit Authority, for example, bought 16 Lilos, 14 of them with A.I.G. providing guarantees, according to Carol Kissal, the authority's chief financial officer. In a 2002 deal, done through a Cayman Islands subsidiary of an A.I.G. unit, the Washington authority sold 16 railroad cars to a Belgian bank, KBC Bank NY, which then leased them back through a Delaware trust. A.I.G. guaranteed the credit lines for the deal. But the transaction carries $435 million in early-termination fees to various banks, including $43 million to KBC. CODvriaht 2008 The New York Times ComDanv Privacy Policv I Search I Corrections I First Look I trn!I! I Contact Us I Work for Us I S~e MaD http://www.nytimes.com/2008/11/05/business/05tax.html?_r= 1 &sq=aig&st=cse&oref=slo... 11/612008 ...............0............' ... ...."""'1.....h.J..."'...V......~, """....!t........&."" ,"--,UjJ1LC&.Ju. 1. a~\'" 1 VI J lbt NnufJork rimt. Fridi.\Y, October 3.1, 2008 Business WORLD U.S. N.Y./REGION BUSINESS TECHNOLOGY SCIENCE HEALTH SPORTS OPINION ARTS STYLE TRAVEL JOBS REAL ESTATE AUTOS 9~.rgh ! Search Businesa News. Stocks, Funds Compal1ies Financial Toola Q. Select a Financial Tool More In Bualneaa . World Markats Economy DealBook Media & Small Your Bualnela Advertlllng BUllnela Money PRIVATE EQUITY HEDGE FUNDS JOBS AJ.G. Borrows Another $20.9 Billion From the Fed OCTOBER 30, 20oa, 5:22 PM Link to This E-mail This TOPICS INDUSTRIES Legal Financial Services II American International Group has found another place to borrow billions of dollars from the government: the Federal Reserve's commercial paper program, 1be distressed insurance company disclosed lbursday afternoon that it was bOITowing up to $20.9 billion from the Fed's program, under which the central bank is buying companies' short-term debt in an effort to unfreeze the market for commercial paper. Get Home Delivery Log In Register Now <It) Bus,"ess ,) All NYT SEARCH DEALBOOK VENTURJ! CAPITAL Sponsored by Go A.I.G. already has access to two government credit lines totaling $122.8 billion in order to avoid collapse, and the company's borrowing from the commercial paper program enabled it to reduce its debt under those lines. LATEST DEALBOOK HEADLINES In a filing with the Securities and Exchange Commission, A.I.G. said four of its affiliates had exchanged commercial paper for cash from the Federal Reserve Bank of New York. It said in the filing that it would use the proceeds to refinance its outstanding commercial paper, as well as pay down its initial credit line of $85 billion. The Fed said A.I.G. reduced its debt under the two existing credit lines to $83.5 billion, from $90.3 billion a week ago, by using cash from the commercial paper program, Bloomberg News reports. With the latest loans of up to $20.9 billion from the Fed, the insurer's borrowing now totals as much as $104-4 billion. An ALG. spokesman, Nicholas Ashooh, told Bloomberg that the terms of the commercial paper program were better than those for the original $85 billion credit line, which has a higher interest rate. "They're paying off a Fed loan with another kind of goVt'rnment subsidy - it's like using one credit card to payoff another credit card," Robert Haines, an analyst at the research firm CreditSights, told Bloomberg. "If they make progress paying off debts over time, I don't think it'll be viewed as necessarily a bad thing." AI.G. is rapidly I'Unning through the $122.8 billion made available by the Fed. Last week, A.l.G.'s chi{.f executive, Edward M. Liddy, said the company might need to borrow even mono monl'Y. This enormous nced for cash has raised questions about how a company claiming to be solvent in September could have developed such a big hole by October. Some analysts say MERGERS & ACQUISITIONS. Ven7.on Told to Sen Assets With A1ltel Merger Delta Begins Long Integration With Northwest Automakers' Merger Talks Said to Be Halted as Aid Hopes Fade INVESTMENT BANKING. DTCC May Raise Disclosure of Swaps Market Scuffle in Hong Kong Protest Over Lehman- Linked Products Some Banks May Ten U.S. to Kecp Bailout Cash I.P.O.lOFFERINGS. Withdrawn I.P,O.'s Hit a High in Odober Centnell Taps Shareholders for $3.6 Billion NYS~: Eurollcxt 3rd. Qual1er Profit Falls PRIVATE EQUITY. ] I,'xion Fails to K,t>end Bank Lending Agreement inC(lurt Private Equity Bonuses Kcep RisillR HEDGE FUNDS. Tel's J.Power Battle Fi7.zles Out in a Loss Deephaven I.ower:; the Gates on Investor Redemptions Porsche's Clever Corner in VW Stock VENTURE CAPITAL. A1tira Plugs $7 Million into Eeo Power Dolphin Ente.1ainmanet Swims Off With Film Financing Clisis Counseling From Valley Veterans LEGAl. I.inklaters Adds Mergers Sped.list to NY Offic:e Tn Crisis. Prosefutnr!') Put Aside Turf Wars Goog!e and Yahoo May Walk Away from Deal. Report Sa)'s http://dealbook.blogs.nytimes.com/2008/ 10/3 0/aig-borrows-another-209-billion- from-the... 10/31/2008 r\..LU. JJVllVVV.:l r\.UVLU"'l .7 JJUUVU IlVUl Ul\; l''''U - IVl~10"'1.:l, r\."'y'Ul.:llUVU.:l, V "'ULUl'" val-'H'U... 1 <to'" .:.. VI J that at least part of the shortfall must have been there all along, hidden by irregular accounting. Go to S.E,C. FilingfromA.I,Q.)) (tQJ.pJ\J.:tickJ.rQ!nJJIJLQ.Dlb~rg N C\'Z11...>!. GQNPrCyj()Jl~.ltcm. from_D.l.',ll.a()Qk~ G.Q.tQ..A.rji<;lc..JfQm_Th.~Nt:'1Yj::QrkJlm~_~ 7 comments so far... 1. October 30th, 2008 6:27 pm 2. October 30th, 2008 7:11 pm 3. October 30th, 2008 7:34 pm 4. October 30th, 2008 7:56 pm 5. October 31st, 2008 6:38 am 6. October 31st, 2008 10:26 am 7. October 31st, 2008 11=48 am AIG apetite for bailout money can be described only by GLUTfONY These guys are trying toleave us homeless, peniless, jobless and hopeless. Have a nice stay in St. Regis California - Posted by hadarmen AIG stock was the big gainer on Tuesday. The stock went from over a dollar to over 2 dollars. Not exactly a good sign for the soundness ofthe stock market. - Posted by bob sallamack Lets see...Federal dollars pay for banks to buy other banks. AIG needs to "borrow" more hundreds of billions. The Bush administration engineered this and Obama is the communist? The Republican version of redistributing the wealth. - Posted by JC MacKinnon Where is my bail out? Maybe it got sent out in the form fraudulent rebates? Nice work all! - Posted by Money for nothin~ How many billions will AIG need if the auto manufacturers go belly up if Ii!' ole Lehmans does this to them? You see Mr President it's like this ..... - Posted by Alan Smith Time for personal drastic action. This bailout and obscene bonus payments to the Wall Street types will continue and fiscally responsible americans will be hosed by low low rates of interest on their saving to subsides them. Time to remove all my money from the banks and investment firms and either buy gold or stuff it my matress. Saver are being severly punished for being purdent and those that weren't are being rewarded. The world is truly upside down. - Posted by Tom Gemelli AIG should be rewarded for making such good use of government programs. Can we give all AIG executives an extra bonus this Christmas? -. Posted bv Dave Add your comments... Name E-mail Comment Required Required (will not be publiShed) GMAC Mav Become a Bank and bverhaul Its Debt DEALBOOK NEWS BY INDUSTRY Airlines I Energy I Healthcare Retail I Autos Utilities Media Leisure Basic f~inanClal Real Estate Technology Industnes Services Telecom Consumer Food & Goods Beverage Get DealBook by E-Mail 1...- .-:- -~. Sign up for finance news, sent before thti opening bell. .DI Sign Up :<k-"""" See Sample I Privacy Policy l!tJt~\oW !lOtklmmes REAL ESTATE nytlm...comJrealeatate ~'t ,~ f'. .. ~ .1 J. "'I~"'" ". ". .' t ~. .:.ji( ~.. ,.., . :, .\ .. ' ^<, . t. ;' .... ,,'" ~.../ :, .' . , · .- ~< . '" 'j' ~ ....~ I. l ^ J' ... ~ ~ . 'h. J.", !""':e J J t:: . ~ ,/ " , .. Luxury living... in a tree Also in Real Estala: Th~Y.IQy.~JMir.h9.Ul'l..tlYUQ~lhl!.uc;h.Qlhll[ N.~.Y.o.r..WQllY..~IlQY\..I~ayjOg.lh~..Q.v.on..Qo..ag~in !O!O.r~&IJ.V.O.;..QMQ~,.w.h!l!o.:~.mY..!<lI.11. http://dealbook.blogs.nytimcs.com/2008/ 10/3 0/aig-borrows-another-209-billion- from-the... 10/31/2008 - - - --- ------ ---0----0---- - -.-. -..... - .. ......... -- --.............- ....T....._....O_...~,.... ...-'1.-...~........-......U, ,-........_.&.- ---1"''&'''.,. .&. -0- .... v.... ... ! HOME PAGE I lilt ~t\lf Dork rimt. ! Friday, October 31, 2008 Business S..roh I Get Home Delivery Log In Register Now '-~) Business () All NYT ! WORLD U.s, N.Y,/REGION BUSINESS TECHNOLOGY SCIENCE HEALTH SPORTS OPINION ARTS STYLE TRAVEL JOBS REAL ESTATE AUTOS Search BUlln.ss News, StocKS, f:unds, Compcltlies Financial Tool. Go Select a Financial Tool More In Bu.lne.. . World MirkIn Economy DellBook Mldll . Smlll Your Bu'ln... Advertl.lng BUllnel. Money Edited by Andl"cw Ross Sorkin DEALBOOK HOME MERGERS I< INVESTMENT ACQUlSmoNS BANKING I.P.O./ OFFERINGS PRIVATE EQUITY HEDGB FUNDS JOBS New Credit Line Highlights A.I.G.'s Swift Decline OCTOBER 31,2008,8:50 AM Link to Thl. E-mail Thl. TOPICS INDUSTRIES Legal Financial Services . The American International Group's lInnQI,!.!1l,:eIDe1.lt ThursdllY that it could now borrow up to $20.9 billion under the Federal Reserve's new commercial pllper program, raising its maximum available credit from the Fed to $144 billion under three different programs, underscores the company's bewilderingly rapid decline, The New York Times's Mary Williams Walsh writes. When it suddenly fllced a cash crisis in mid-September, the original estimate of the amount it needed was just $20 billion. A few days later, the Fed stepped forward with its $85 billion credit line. And now, the stunning size of that original bailout has grown by almost 70 percent. A.I.G:s cash needs could grow even further. Much of the cash it needs is being used to meet collateral calls from its derivatives counterparties, and the precise collateral triggers and amounts are not public infonnation. In general, the derivative contracts cost A.I.G. more as the real estate markets decline. The company's financial products division did a lot of business in that type of derivative. called credit-default swaps. By the same token, if real estate prices rebounded, A.I.G. has said, it could call some of the collateral back. In addition to a $85 billion credit line from the Fed, which carries a much higher interest rate, and the $20.9 billion commercial paper program, A.I.G. has a $38 billion facility from the Fed that provides liquidity for the company's securities-lending business. A.I.G. said on Thursday that it was currently using about $18 billion of this facility. By tapping the newcst source of money from the Fed, A.I.G. was able to reduce the amount it had borrowed under the original $85 billion line of crcdit, sllid a spokesman, .Joe Norton. He said the company had currently drawn down $65.5 billion from that loan, compared with about $72 billion a week ago. The Fed extended the original $85 billion line of crcdit at a steep price. On the part of the loan that A.I.G. draws down, it must pay an interest rate of 8.5 percentage points over the three-month Libor, an index rate for inter-blink lending. On the unused pOltion. A.LG. must pay a fixed rate of 8.5 percent. In addition, the Fed added a 2 percent commitment fee to the total balance when it started the loan. Mr, ~orton said A.LG. had incurred interest and fees of about $331 million so far. The SEARCH DEALBOOK VENTUIU! CAPITAL Spunsored by CiT Co HEDGE FUNDS. Tel's J-Power Battle Fizzles Out in a Loss Deephaven Lowers the Gates on Investor Redemptions Porsche's <.-1ever Corner in VW Stock VENTURE CAPITAL. Altira Plugs $7 Million into F.co Power Dolphin Entertainmanet Swims Off With Film Financing Crisis Counseling Fnlm Valley Veterans LEGAL. Lioklaters Adds Mergel's Specialist to N, y, Office In Crisis, Prosecutors Put Aside '1\lrf War. Gongle and Yahoo May Walk Away from Deal, RepOIt Says http://dealbook.blogs.nytimes.com/2008/l 0/311new-credit-line-highlights-aigs-swift-decli... 1 0131/2008 LA TEST DEALBOOK HEADLINES MERGERS & ACQUISITIONS. Verizon Told to Sell Assets With AIItel Merger Delta Begins Long Integration With Northwest Automakers' Merger Talk. Said to Be Halted as Aid Hopes Fade INVESTMENT BANKING. DTCC May RAise Disclosure of Swaps Market Scuffle in Hong Kong Protest Over Lehman- Linked Products Some Banks May Tell U,S. to Keep Builout Cash I.P,O.lOFFERINGS. Withdrawn I.P,O:s Hit a lIigh in October Centric. Taps Shareholders for $3,6 llillion NYSE Euronext 31'd- Quarter Profit Falls PRIVATE EQUITY. lIexion Fail. to Extend Bank J .ending Agreement in Court Privnte Equity Bonllses Keep Rising GMAC May Become a Bank and (h'erhallllts l'1C:;VV L-IC,UIL LIll\:", l11e,lUI0llL~ .rl...l.\J.~ LJVVIJ.L L/\...o\...oUll\...o - lVJ.\"'<lO\...ol~, ['l..\.t'iUl")JL1VJJ~, v v.1U..Ulv ""--up!"... .l. \.46""'.... V.l..... Fed also took a majority stake in A.I.G. in exchange for the bailout, angering ~hareholders, who were almost completely wiped out. Debt The commercial paper program is much cheaper. The interest rate changes every day, but DEALBOOK NEWS BY INDUSTRY in the four days since the Fed started the program, the highest rate was just 3.89 percent. A.l.G. is not the only participant. The Fed offered the program to all issuers of commercial paper in the nation to restart the stalled credit markets. Mr. Norton said A.I.G. would use the newest source offullds for working capital, to refinauce exbting commercial paper, and to make voluntary prepayments on the $85 billion loan. He said that such voluntary prepayments would not reduce the total amount of the credit line available. If, by contrast, A.l.G. sold business assets and used the procc('ds to pay down the loan, Mr. NOlton said, the $85 billion balance would be reduced accordingly. GotQ^,.1id~Jr.olIl:rhG N.c.~ XQxkT.iJ:nc~'!. 1 comments so far... I. October 31st, 2008 10:37 alll I feel the time may be right to let AIG go the way of Bear Stearns and Lehman Brothers. Either it finds a buyer or goes under. The management have only themselves to blame. - Posted by London Add your comments... Name Required E-mail Required (will not be published) Comment Submit Comment Comments are lIIod,./.oted o/ld will bepo.'ted iFthey are all-topic alld flat abusive. They moy be editedfor length ond elm'ity. For III,,,.,, i>l(r)J'manon see ow' Member Agreement. Airline! I Energy I Healthcare Retail I Autos Utilities Media Leisure Basic FinanCIal Real E stat. Technology Industries Services Telecom Consumer Food & Goods Beverage Get DealBook by E-Mail I, ., ., "I,. Sign up for finance news, sent before th~ o.p...n....in..~. bell. ,.D .. I . Sign Up] ,....) See Sample I Privacy Policy . ~t~l'\U fJOt'klanw MOVI ES nytlm...com/mov leo , . 'to *~ ~ y ~ ' ~ " I; . Watch the trailer of "Let the Right One In" Also in Movies: "Polteraelst" is a C~ "The Exorcist" Is on the Best 1 OQQJi.J1 New DVDs' horror movies Ads by Google what's this? 1'_Y.!!!!I_~..JD.ILIn,.TmYl!.ltl Fre. list Of Banks Doom.d To Fa,l The Banks and Brok.rs X List. Free! www.MoneyAndMarkets.com Investment Benk Bootcamp 4-Week NYC I-Banking & PE Valuation Training By Sr Bankers $36 Billion+ www.ibtralnlng.com Private Eaulty Firms Sorted by industry of investment interest www_privateequltylnfo.com ti;rll:lfm~?~:.1 '\-:py: ,,~~lt .1ono n~et~t'.!w VI.H'k T!rr'(~s Ccmpany I:;' ;'/dCY ~:}~hcy S{~dr(.h Con ectJOll!:5 '\MLHelp CQl1ldCt U~ Work for Us Site \-1ap f'(lilie '\'\'(Jnd USN y II~eglon fjU'3il'~lgS Tcc)\r10IooJY ~kiellC~ Ht'aith SpOt1S Cj.linl,on Nt\} Sl'tl~ rra\i~J ,j0bs f~eal E!>tat~ I~utos BJckto rc,p http://Jealbook.blogs.nytimes.com/2008/1 0/31/new-credit-line-highlights-aigs-swift-decli... 1 0/3112008 I. "5'"" .I U.l 4 €bt l\"'rttr lork lime, ("lVt.:ll"!()t3 (~c)r:; P\lltNTER-f'FU[N~'t' Fa~MJ.~. 5P':lNSOREO Ih' October 31, 2008 Fed Adds $21 Billion to Loans for A.I.G. By MARX WlLLlAMS_WALSH The American International Group said Thursday that it had been given access to the Eederal Reserve's new c..Qmmercial paper program, allowing it to reduce its reliance on a costlier emergency loan from the Fed. The company said it would be able to borrow up to $20.9 billion under the new program, raising its maximum available credit from the Fed to $144 billion under three different programs. The credit includes an earlier emergency loan of $85 billion from the Fed that carries a much higher interest rate. A.I.G.'s big borrowings underscore the company's bewilderingly rapid decline. When it suddenly faced a cash crisis in mid-September, the original estimate of the amount it needed was just $20 billion. A few days later, the Fed stepped forward with its $85 billion credit line. And now, the stunning size of that original bailout has grown by almost 70 percent. A.I.G.'s cash needs could grow even further. Much of the cash it needs is being used to meet collateral calls from its derivatiyes counterparties, and the precise collateral triggers and amounts are not public information. In general, the derivative contracts cost A.I.G. more as the real estate markets decline. The company's financial products division did a lot of business in that type of derivative, called credit-default swaps. By the same token, ifreal estate prices rebounded, A.I.G. has said, it could call some of the collateral back. In addition to the $85 billion credit line and the $20.9 billion commercial paper program, A.I.G. has a $38 billion facility from the Fed that provides liquidity for the company's securities-lending business. A.I.G. said on Thursday that it was currently using about $18 billion of this facility. By tapping the newest source of money from the Fed, A.I.G. was able to reduce the amount it had borrowed under the original $85 billion line of credit, said a spokesman, Joe Norton. He said the company had currently drawn down $65.5 billion from that loan, compared with about $72 billion a week ago. The Fed extended the original $85 billion line of credit at a steep price. On the part of the loan that A.I.G. draws down, it must pay an interest rate of 8.5 percentage points over the three-month Libor, an index rate for inter-bank lending. On the unused portion, A.I.G. must pay a fixed rate of 8.5 percent. In addition, the Fed added a 2 percent commitment fee to the total balance when it started the loan. Mr. Norton said A.I.G. had incurred interest and fees of about $331 million so far. The Fed also took a majority stake in A.I.G. in exchange for the bailout, angering shareholders, who were almost completely wiped out. hup:! /www.nytimes.com/2008/1 0/31/business/31 aig.html? J= I &sq=aig&st=cse&oref=s1... 10/31/2008 ... -~ .I. .L-'YU 4<1__.1. .I..J.l.l.1.1.V.l.l. \.V .L....IVU.1...> LV. 1. J...J..'-..I. - 1" .1 .1111.l\,,,'~.\..Ul11 rdgc L.. Ul L.. The commercial paper program is much cheaper. The interest rate changes every day, but in the four days since the Fed started the program, the highest rate was just 3.89 percent. A.I.G. is not the only participant. The Fed offered the program to all issuers of commercial paper in the nation to restart the stalled credit markets. Mr. Norton said A.I.G. would use the newest source of funds for working capital, to refinance existing commercial paper, and to make voluntary prepayments on the $85 billion loan. He said that such voluntary prepayments would not reduce the total amount of the credit line available. If, by contrast, A.I.G. sold business assets and used the proceeds to pay down the loan, Mr. Norton said, the $85 billion balance would be reduced accordingly. CODvriQht 2008 The New York Times ComDany PrivaaP~ I Se~ I CQ!Tections ...I_RSSJJ E!rlih22!I I ~ I CQntact Us I Work forJ.!l I Sjjtlt@R http://www.nytimes.com/2008/ 10/31 /business/3 1 aig.html? _ r= I &sq=aig&st=cse&oref=sl... 10/3 1/2008 A.l.G. Fraud Scheme Cost Investors Million, Judge Finds - Mergers, Acquisitions, Ventur... Page 1 of2 HOME PAGE MY TIMEsT,:oDAY:SPAPER~Iv;D~Ci~L~S:T-p()~ULARTTIMEST<l~I(;SJ rlJt ~t\CJ York ri.. Tuesday, ~oveJ1lber 4,2008 ! WORLD U.S. N.Y./REGION BUSlNF.sS Business TECHNOLOGY SCIENCE HEALTH SPORTS UPINlON Search Buslnes. News Stocks, Funds. Companie9 Financial Tool. a. Select a Financial Tool More In Bu.ln... . World Mark.1e Economy DealBook Madia & Small Your Busln.s. Adv.rtlslng Business Money Get Home Delivery Log In Register Now ARTS ~) Business ,,) All NYT Sftre" STYI,E TRAVEL JOBS REAL ESTATE AUTOS Edited hy Andrew Ross Sorkin JOBS A.I.G. Fraud Scheme Cost Investors $544 Million, Judge Finds NOVEMBER 4, 2008. 6:27 AM Link to Thl. E-mail thl. TOPICS Legal INDUSTRJIlS Financial Services . A financial manipulation scheme cost American International Group inve&tors at least $544 million, a judge has estimated, a finding that could mean the five former executives convicted in the fraud will face lengthy prison terms when sentenced, The case is unrelated to A,I.G:s mortgage-related losses that led to a near collapse of the company in September and an $85 billion emergency line of credit from the Federal Reserve. Four former executives at General Re, It unit of Warren E. Buffett's Berkshire Hathaway, and one former A,I.G. cxecutive were found guilty by a federal jury in Connecticut in February of fraud and conspiracy. The charges stemmed from a reinsurance deal in 2000 that prosecutors said misled investors about AI.G:,s financial condition, A sentencing date has not yet been set, but thc judge's written ruling on Friday on the size of the investors'losses means that each defendant is expet-ted to face stringent sentencing guidelines when their penalties are determined. In economic crimes, victims' financial losses are central in calculating sentencing guidelines for defendants. The judge's finding that the fraud had more than 250 victims also ratchets up the potential prison time each defendant may face. Federal sentencing guidelines are advisory for judges, who can depart from them if they choose. Based on the judge's calculations, the sentencing guidelines in the case likely will be "through the roof,' said Douglas Berman, a law professor at Ohio State University and expert in white-collar sentencing matters. "We're looking at a suggested guideline range of at least decades' of prison time for each defendant, he said. "There is a separate question of whether the judge will consider it necessary and appropriate to impose a prison scntencc that is so long, palticularly bccause these are first-time offenders.' Convit-1:ed at trial were General Re's former chief executive Ronald Ferguson, former chief financial officer Elizabeth Monrad, former assistant general counsel Robert Graham, former senior vice president Christopher Garand, and AIG former viee president LATEST DEALBOOK HEADLINES MERGERS & ACQUISITIONS. Amgen Sees 'Attractive Opportunities' in Biotech Europe Questions Merger of Mining Companies Battle-Tested Delaware INVESTMENT BANKING. Coming Soon: Data on 1,000 Credit Default Swaps Rein in Chiefs Puy? It's Doahle Would Obama's Treasury Secretary Be Another Goldman Banker? i.P.O.IOFFERINGS. 'l11e Afternoon Line on Tuesday's Election Hid K.K.R. Cet Lucky With Deal Delay? CabeUi's Acquisition Vehicle Cuts !.P.O. Size PRIVATE EQUITY. Preparing to Go Puhlic, K.K.R. Hires Another Spokesman Forstmann Blames 'F~ISY Money' for Credit Crisis Stephen Sd1wa"lman's Seven-Step Pro~ram DEALBOOK NEWS BY INDUSTRY HEDGE FUNDS. Och-Ziffs Upside Surprise !cahn Shears Stake in Lear The Hedge Fund Handcuff Premium VENTURE CAPITAL. V.C.. F..chew Chip Investments in 3Q Gilman Louie on the Tup 10 Lies V.C.s Tell Is Faeeh'Hlk Hungry for More Cash? LEGAL. 'I1le Case of the Missing Insider Trader Battle-Tested Delaware Schumer's Finance Advice for the Next President http://dealbook. blogs.nytimes.com/2008/11/04/aig- fraud-scheme-cost -investors-544-millio... 11/4/2008 A.I.G. Fraud Scheme Cost Investors Million, Judge Finds - Mergers, Acquisitions, Ventur... Page 2 of 2 of reinsurance Christian Milton. Prosecutors, in CO\llt papers, have sought "substantial" prison terms. Defense lawyers have pleaded for leniency. At the center oCthe case was a finite reinsurance transaction that prosecutors said allowed AlG to improperly boost loss reserves by $500 million in 2000 and 2001, artificially bolstering its share price. Tn estimating the investor losses, U.s. District Judge Christopher Droney rejected calculations by a government expert that they could be as high as $1.4 billion. The judge concluded that the same expert, using a different methodology, made a "reasonable estimate" oflosses between $544 million and $597 million. Go to Article from Reuters via The New York Times ,. Add your comments... Name Required E-mail Required (will not be published) Comment Submit Comment Commellts ure modemted Ulld will be posted if tlleY O1'e oll.topi!' und not ubusive. 'l7rey //lay be editedfor fcmqth alld c!m'ity.l'(Jr more irt/<l1'1l1utioTl see our Member AgT'eement. Get DealBook by E-Mail I Sign up for financa new,. sant bate... lI1a opening.., ball. D I Sign Up! ,....J See Sample I Privacy Policy l!!lJt~ !Jodcl!imtt POLITICS nytlmea.comlpolltlca ~%'". f '\, l~", ' ~A .'~$. '" # .' , I 1 t l!t ~ Everything you need to know about the election Also in Politics: Election niaht eSlentlala Create VOUT own election nioht scenario Watch a video retro$D&Ctive of this hl.tone camDaign Ads by Google UlaL'1QffiliJch ryl.'; Qb.ey I cut out 2 Ibs of stomach fat per week by obeying this 1 old rule. CathysWeightLoss.com Horn~ Wong 1;5 N.'L!.R~gi9n El~$in~.. T~ohnQlollY $p~nOll l:i~alth SP9rt~ Qpinion Art~ 51YI~ Tr~Vl!.1 J91l. R~~L~~t~J!! Auto$ El~o~J9Top CQPyrig,hl(,QQ~ Thq N'IW Y9rt1 TiPW$ C.omNPY PriV~<;YP91!"y SurC!J. C9'T~<;tiQP$ XML i'I~lp Conlilcl .U~. W9r~ foLU. SiIQ. M~p http://dealbook. blogs.nytimes.com/2008/11/04/aig- fraud-scheme-cost-investors-544-millio... 11/4/2008 AIG's Aircraft Lessor OK'd For Fed Funding Facility - NYTimes.com Page 1 of 3 Welcome to Tlme.People M'lat's thIs? Share and Discover the Best of NYTimes.com 4 40 PM Log In or Register No, thanks lfJt ~t\U York l\1IU" Business iJo Get Home Delivery Log In Register Now Soarch All NYTimos.com WORLD U.S. N.Y.; REGION BlISINESS TECHNOLOGY SCIENCE HEAl.TH SPORTS OPINION ARTS STYLE TRA\',[. JOBS REAL ESTATE AUTOS Search Business News, Stocks. Funds. Companies Financial Tools Go Select a Financial Tool More In Business It World Markots Economy DoalBook Modla & Small Your Bualn... Advertising Bu.ln... Money Excellent 620 - 659 1111 Fair 750 - 840 Good 660 - 749 Poor 340 - 619 AIG's Aircraft Lessor OK'd For Fed Funding Facility By REUTERS Pllblis.hed: OctOOOf 3.1,2008 Filed at 5:17 p.m. ET SIGN IN TO E-MAIL OR SAVE THIS PRINT NEW YORK (Reuters) - American lnternational Group Inc's <AIG.N> aircraft leasing unit has been approved to participate in the U.s. Federal Reserve's G9mmerdaLpapeI funding facility . "'~ REUTERS "'~Jl(..1 fOOLl - International Lease Finance Corp, in a filing with the U,S, SeclJritigs andE1c:ch.ange CQP1l.nission, said it was approved to issue up to $5.7 billion of commercial paper. As of October 30 it had issued about $1. 7 billion, and plans to use proceeds to repay certain intercompany loans from AIG. Insurer AIG on Thursday said four affiliates had applied to take part in the commercial paper facility. ILFC's commercial paper will be due January 28, and has a lending rate of 2.78 percent. The company said it expects to refinance the commercial paper when it matures, subject to the terms and conditions of the funding facility. AIG -- crippled by bad mortgage bets-- is scrambling to sell off parts of its business to repay a $85 billion government loan. As part of that, the company plans to sell off ILFC, one of its most profitable units. (Reporting by Lilla Zuill; editing by Carol Bishopric) More Articles in Business . 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