Rep. Jim Fannin (D-Jonesboro) has authored a bill that would alter current law by allowing Gov. Bobby Jindal to use much of the current $500 million Office of Group Benefits (OGB) surplus to help plug the gaping $1.6 billion state budget deficit.
Fannin is Chairman of the House Appropriations Committee.
Controversy has swirled around Jindal’s attempts to privatize OGB because of the manner in which the administration brought Wall Street banking firm Goldman Sachs in on early efforts to draft a request for proposals (RFP) for a financial assessment of the agency and to marked OGB to potential buyers.
Goldman Sachs, after helping draft the RFP, turned out to be the only company to submit a proposal and now stands to reap up to $6 million for its work in helping to sell the agency.
The law that created OGB stipulates that benefits for about a quarter million state employees, retirees and their dependents may be paid by any provider. That language would allow Jindal to sell the agency without the necessity of legislative approval, said a source within the Division of Administration.
Commissioner of Administration Paul Rainwater said there would be no financial impact on OGB members.
But if OGB is sold, it would eliminate about 150 jobs in the agency and would also allow any purchaser to raise premiums, reduce benefits, or both, contract with a third party administrator or re-sell OGB to another buyer. Either way, once sold, all state control of OGB would be lost.
Besides the $500 million surplus currently on the OGB books, the agency also collects about $1.1 billion per year in premiums. State Sen. Butch Gautreaux (D-Morgan City), chairman of the Senate Retirement Committee and a member of the OGB board, has made no secret of his opposition to the auctioning off of OGB.
He said if premiums are worth $1 billion and the agency has a $500 million surplus, then the selling price should be at least $1.5 billion. “I support getting rid of a state agency that doesn’t work,” Gautreaux said. “But this (OGB) isn’t costing the state. This is a great value.”
Rainwater acknowledged as much when he said the OGB $500 million reserves are an attractive selling point because the private company that ultimately purchases the agency would not have to dip into its own capital to pay claims.
He said the current surplus exists because of initiatives overseen by former OGB CEO Tommy Teague, whom the administration abruptly fired on April 15. No reason has been given by Rainwater for Teague’s firing.
Teague was only six months away from qualifying for retirement when he was shown the door.
Gautreaux said he fears that privatization will drive up costs for state workers who are already facing increased contributions to their retirement plans. He charged that Jindal is targeting state workers, who could lose their jobs if they object publicly to the sale. “I call it predatory politics,” he said. “You go after the weakest of the herd.”
Preliminary estimates indicate that whoever purchases OGB would receive about $300 million to $350 million of the agency’s $500 million surplus with the state receiving the remainder.
But R.S. 42:854(C) has stood between Jindal and his desire to reap any political hay in the form of a cash influx. That statute says, “Not withstanding any other provision of law to the contrary, any money received by or under the control of the Office of Group Benefits shall not be used, loaned, or borrowed by the state for cash flow purposes or any other purpose inconsistent with the purposes of or the proper administration of the Office of Group Benefits.”
Now, Fannin’s bill, if approved by the legislature and signed by Jindal, the governor’s signature being a virtual certainty, would change all that. Jindal’s signature, of course, would be a virtual certainty.
HB-32, already assigned to Fannin’s Appropriations Committee, reads in part:
“After satisfying the requirements of the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana, the (state) treasurer shall, notwithstanding R.S. 42:854-(C), transfer into the Overcollections Fund provided for in R.S. 39:100.21, the proceeds generated as a result of the sale or other transaction by the Office of Group Benefits which has the effect of transforming its operations.
In general layman’s terms, that means the legal prohibition of using OGB funds for the state’s general budget would be removed, making it legal for much of the OGB surplus to be used by the state to plug its budget hole.
Though the two statutes clearly conflict, under rules of construction, the new statute would take precedent, or overrule the older law, according to Terry Hessick, a retired attorney for the Louisiana State Board of Private Investigator Examiners.
Hessick wrote a letter to Richard Manship, manager of the Baton Rouge Advocate, taking the newspaper to task for its lack of coverage of the OGB controversy.
The Baton Rouge paper ran a brief story on April 16 on Teague’s firing but nothing about details of the proposed sale until a week later, on April 23.
The text of Hessick’s letter:
Dear Mr. Manship:
As we edge ever closer to the anticipated privatization of the Office of Group Benefits, with its probable huge negative impact on state employees, retirees, and their dependents, I am amazed that the Advocate, as well as our local television news departments, has given little or no exposure to this potential catastrophe. As a subscriber, each morning I look for any articles on the sale of OGB, but the only thing I found recently was the announcement that Tommy Teague had been fired. The stories about this sale have been available on the internet for weeks, but not in the Advocate.
You may not think that the OGB sale is newsworthy or is of little interest, but the sale would affect about 150,000 state employees and retirees, and another 100,000 or so of their dependents, all of whom depend on OGB for their health, medical and prescription coverage. Also, the attempts of the Jindal administration to put the deal together in relative secrecy; the fact that Goldman Sachs wrote the RFP for doing the deal and was the only bidder for the services; the fact that Goldman Sachs stands to make $6 million for doing who knows what; the fact that the half-billion-dollar surplus or reserve which the OGB has accumulated would be divvied up between the state treasury ($150-200 million) and the eventual purchaser ($300 million); the fact that the OGB members and their dependents can only watch while the monies set aside to pay their medical expenses are plundered and carted off by the administration and some private party; the probability that those members will have to make up the missing monies by paying ever-increasing premiums for what can only be reduced services; and, the probability that increased premiums required by a private insurer will, in the near future, place additional burdens on the state treasury and on all Louisiana taxpayers; should induce the Advocate and other credible news sources to at least investigate, ask questions, and demand answers. In other words, send out your reporters to do their jobs, instead of sitting on this story.
To allow you to catch up with this ongoing story, I have attached several articles from the internet, including those published by TPM, louisianavoice.com, winzerinsurance.com, politicslaforums.com, and devtimessw.com. I have also attached a copy of my recent letter to the editor, which the Advocate chose not to publish. I understand that others have written letters to the editor on this subject, including the Louisiana Retired Employees Association, none of which have been published. It seems that the Advocate thinks it is more relevant to publish the endless bickering about the Baton Rouge to New Orleans passenger railway, which is unlikely to be funded or built in our lifetimes, than to publish letters which would bring to the attention of your readers an event which will impact the lives and health of a quarter of a million Louisiana citizens.
I do not know why the Advocate has chosen to ignore the privatization (sale) of OGB unless it fears the wrath of the Bobby and his henchmen or it actually approves of the disservice which this administration is doing the state employees. For many years, the New York Times has had as its motto, “All the news that’s fit to print.” Maybe the Advocate should adopt a similar motto: “All the news that’s SAFE to print.” I am disappointed in the Advocate.
Very truly yours,
Terry F. Hessick
Attorney at Law
Retired State Employee


