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ERIC ED413975: TJCTA Messenger, 1995-1996. PDF

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DOCUMENT RESUME JC 980 033 ED 413 975 TJCTA Messenger, 1995-1996. TITLE Texas Community Coll. Teachers Association. INSTITUTION ISSN-8750-9644 ISSN 1996-00-00 PUB DATE 110p.; Name changes to "TCCTA Messenger" with the April 1996 NOTE issue. Serials (022) Collected Works PUB TYPE TJCTA Messenger; v27 n1-4 Sep 1995-Apr 1996 JOURNAL CIT MF01/PC05 Plus Postage. EDRS PRICE *College Faculty; *Community Colleges; Conferences; DESCRIPTORS Enrollment; Faculty Organizations; Merit Pay; *Part Time Faculty; Participative Decision Making; State Legislation; Tax Rates; *Teacher Employment Benefits; Teacher Retirement; *Teacher Salaries; Two Year Colleges *Texas IDENTIFIERS ABSTRACT Published four times a year by the Texas Community College (formerly the Texas Junior College Teachers Teachers Association (TCCTA), Association (TJCTA)), this newsletter discusses events affecting Texas junior colleges and their faculty, chronicles the efforts and activities of the TJCTA, and provides a forum for discussion of topics related to community college education. The September 1995 issue presents a discussion of 1995 state legislative actions affecting two-year colleges and an analysis of investment options under Texas' Optional Retirement Program/Tax Deferred Account. The December 1995 issue provides a discussion of Texas two-year faculty salaries and inflation; "The Faculty Role in College Decision-Making," by Marc A. Nigliazzo; a table showing 1995-96 base salaries for Texas faculty by college and years of service; "Coping with Conflict in the Workplace," by Charles Burnside; and data for 1994-95 and 1995-96 on compensation and utilization of part-time instructors in Texas by college. The January 1996 issue provides the program for the TJCTA's annual convention, focusing on the theme, "Sharing the Vision," and presents information on TJCTA elections and voting procedures. Finally, the April 1996 issue reviews major issues considered by Texas state legislative committees; presents "Is There 'Merit' in Merit Pay?" by Charles Burnside; and provides data on Texas community, junior, and technical college fall headcount enrollments for 1976-95 and tax rates and assessed valuations for 1994-95 and 1995-96. (BCY) ******************************************************************************** * Reproductions supplied by EDRS are the best that can be made * * from the original document. * ******************************************************************************** TJCTA Messenger September 1995-April 1996 Texas Junior College Teachers Association U.S. DEPARTMENT OF EDUCATION Office of Educational Research and Improvement "PERMISSION TO REPRODUCE THIS EDUCATIONAL RESOURCES INFORMATION BY CENTER (ERIC) MATERIAL HAS BEEN GRANTED This document has 444 been reproduced as received from the person or organization originating it. Minor changes have been made to improve reproduction quality. Points of view or opinions stated in this document do not necessarily TO THE EDUCATIONAL RESOURCES represent official OERI position or policy. INFORMATION CENTER (ERIC)." 2 10,1101t A S. . : : : I I II 1995, Texas Junior College Teachers Association. All rights reserved. Permission is granted to reprint articles provided they are reprinted in their entirety and appropriate credit is Copyright the source. given to the author and to the TJCTA Messenger. Brief quotations and statistical data may be reproduced provided that the TJCTA Messenger is cited as NUMBER 1 VOLUME XXVII SEPTEMBER 1995 LEGISLATIVE ACTIONS AFFECT TWO-YEAR COLLEGES Several major actions taken by the Texas Brazosport College, Dallas County Commu- Texas Community College, in McAllen. Legislature in its 1995 regular session will nity College, Del Mar College, Howard Col- Retirement and Insurance affect the state's two-year colleges. lege, Kilgore College, McLennan Commu- State contributions to both the Teacher nity College, Odessa College, San Jacinto State appropriations to Texas community Retirement System and the Optional Retire- College, Tarrant County Junior College, colleges for the biennium beginning Sept. 1, ment Program were reduced to the constitu- Texarkana College, Tyler Junior College, 1995, were increased by almost 4 percent tional minimum of 6 percent of salary for the and Vernon Regional Junior College. over the preceding two-year period. While next two years. However, a separate appro- "Start-Up" Funding that increase translates into additional state priation entrusted to the Higher Education The Legislature made a special appro- funds for the majority of community college Coordinating Board for disbursement to priation of $13,744,133 from 1993-95 funds districts, some colleges will actually face colleges will allow the total state ORP con- to provide for "start-up" costs at four new reductions in state funding. Legislative appro- tribution rate to continue at the previous 7.31 campuses: Preston Ridge Campus of Collin priations are based on a "contact-hour" for- percent level for employees hired prior to County Community College, Montgomery mula, so schools which experienced enroll- 1995. Additionally, language was Sept. I, College in the North Harris Montgomery ment increases during the 1994-95 base included in the general appropriations bill Community College District, the Southeast period over the corresponding period in I 992- allowing colleges to use local or other funds to Campus of Tarrant County Junior College, 93 will receive higher state funding. Thirteen supplement the state contribution by 1.19 and the Bryan Campus of Blinn College. community college districts where enroll- percent, bringing the total employer contribu- An additional $2.3 million was appro- ments declined will receive lower state ap- tion to 8.5 percent for participants employed priated for continued "infrastructure devel- propriations during the next two years than before Sept. 1. New employees electing to they received during the biennium ending opment, student support services, the physical enter the Optional Retirement Program will plant, and instructional costs" at the state's August 31. Colleges experiencing reduced newest community college district, South (Continued on page 3) state funding are: Alvin Community College, CONFERENCE PLANNED FOR FACULTY LEADERS 7.7 7a- ..1. Charles Burnside Dianne White Delisi John M. Rogers Marc A. Nigliazzo Frank W. Hill Dennie M. Feldman "Current Legal Issues in Higher Educa- now includes the representation of private and The sixteenth annual TJCTA Conference public sector employers in all forms of labor tion" will be the focus of Saturday's opening for Faculty Leaders will be held Friday and Saturday, Sept. 29-30, at the Wyndham session. Panel members for this discussion and employment disputes; the representation of school districts in both employment, will include Dennie M. Feldman, attorney hotel, in Austin. special education, and general school law with the firm of Feldman & Associates, in The conference will begin with an informal matters; and general litigation. She has Houston, and Frank W. Hill and John M. reception at 6:30 p.m., Friday. At 7:30 p.m., developed particular expertise in equal Rogers, attorneys with the firm of Hill, Charles Burnside, Executive Director of the employment opportunity matters and the Gilstrap, Moorhead, White, Bodoin & Texas Junior College Teachers Association, defense of employment discrimination and Webster, in Arlington and Chicago. will address conference participants on the related tort cases, including sexual harrass- Ms. Feldman received the Bachelor of topic "Coping With Conflict in the Work- ment cases, in both state and federal courts. Science degree and Doctor of Jurisprudence place." Mr. Hill holds the Bachelor of Arts from the University of Houston. She worked Saturday activities will begin at 8:30 a.m., degree in English, with honors, from the as an associate with Vinson & Elkins law firm with registration and refreshments. Adjourn- (Continued on page 3) in Houston from 1990 to 1993. Her practice ment is scheduled for 2:30 p.m., Saturday. 3 Second, the organization is fair in its NOMINATING COMMITTEE PRESIDENT'S MESSAGE dealings with its members and the public. SEEKS RECOMMENDATIONS What a fantastic summer it has been! My Third, TJCTA works hard toward build- Lancaster, Western Texas Marilyn J. husband and I were able to arrange a home ing goodwill and making friends. College, chairperson of the TJCTA Nominating exchange through Rotary International in Committee, has announced that the committee beautiful Comox Valley on Vancouver, Fourth, it is beneficial to its members. I is inviting recommendations of individuals for consider membership in TJCTA a privi- British Columbia, Canada. We were ex- consideration as nominees for offices of the lege. We can't promise you a trip to para- tremely lucky with this , Association for 1996-97. exchange to be able to dise, but we can prom- Recommendations should be submitted ise an organization spend five lovely days in order to be considered by the immediately i on the island. We that represents its Nominating Committee in its November 4 members where it thought we had died meeting. and gone to heaven. counts! We are not an Recommendations should be sent to: international organi- The weather was fabu- Marilyn J. Lancaster, Chairperson lous in contrast to the zation, but we are the TJCTA Nominating Committee heat back home in Texas Junior College Teachers largest organization of Association Temple. God turned our kind in the world. 901 South MoPac Expressway on the air conditioner and left it on the entire Your membership in TJCTA is impor- Building One, Suite 410 time we were on "holiday," as the Canadi- tant! You are important! Enjoy the school Austin, Texas 78746 ans would say. year and soar like an eagle. Our summer home had a waterfront view EDITORIAL POLICY overlooking the Strait of Georgia. We gazed I. The TJCTA Messenger provides a forum for TJCTA at cruise ships sailing, the ferry coming and members to address professional issues and subjects of interest to educators in the two-year college. Prospective going, but most impressive were the eagles authors are invited to submit articles dealing with the theory, flying daily. We strolled beaches on the practice, history, and politics of two-year colleges in Texas. Topics should be of general interest to members and not east and west sides of the island, climbed Articles normally limited to a single teaching discipline. mountains, hiked through temperate rain should be six to ten typed, double-spaced pages. forests, and went whale watching. We didn't 2. Longer articles may be published when their substance RESOLUTIONS COMMITTEE and likely reader-interest justify greater length. Shorter fish for salmon, but we met a fisherman INVITES SUGGESTIONS pieces of one to two pages intended as guest editorials, letters who provided a nice catch for our dinner. to the editor, or personal perspectives on problems, issues, or The TJCTA Resolutions Committee in- concepts related to the two-year college are also accepted. We had an opportunity to meet many won- No excerpts from grant proposals, dissertations, theses, or vites individual members and campus faculty derful people in Comox Valley and share research papers written for course work should be submitted. organizations to submit ideas and suggestions 3. Submissions should be original (not previously pub- some splendid time with them. It was diffi- for proposed resolutions to be considered at lished or being considered for publication). Authors should cult to leave paradise. the 1996 convention at the Hyatt Regency limit the use of specialized terminology. Authors' names and titles of key sources should be included within the text, with hotel, in Houston. We returned refreshed and revitalized, page numbers in parentheses. The editor reserves the right to edit submissions so that their usage conforms with the with lots of photos and video footage in Suggestions should be received by Feb. 1, editorial practices of the Messenger. Publicity accorded to a hand and marvelous memories to share, 1996, so that the Resolutions Committee can particular point of view does not imply endorsement by give ample consideration to the proposals TJCTA, except in announcement of policy, when such en- ready to face a new school year. dorsement is specified clearly. prior to the annual convention. In the meeting Back at home I find myself reminiscing 4. Submissions are reviewed by an editorial review board, of the Resolutions Committee set for Feb. 22, though the editor maintains responsibility for final selection. the awesome view of the eagles soaring 1996, priority consideration will be given to An author should send a high-contrast original of the manu- with majesty. This brings me back to other script with the author's name only on a separate cover sheet. proposals submitted in advance of the meet- fond memories of the many students who 5. Articles published in the Messenger may be repro- ing. duced provided they are reprinted in their entirety and that soar like eagles in growth and achievement Proposed resolutions should be sent to: appropriate credit is given to the author and to the TJCTA in our classes and campus activities. It also Brief quotations and statistical data may be Messenger. Ronald D. Presley, Chairperson reproduced provided that the TJCTA Messenger is cited as brought to mind the many wonderful op- TJCTA Resolutions Committee the source. portunities that we as teachers have with South Plains College 6. Manuscripts should be sent to: Chairperson, TJCTA Publications Committee. 901 South MoPac Expressway, our students. We touch lives in so many 1401 College Avenue Building 1. Suite 410, Austin, Texas, 78746-5747. Authors ways to help them create their vision for the Levelland, Texas 79336 should retain copies of their manuscripts for their files. future and soar to greater goals. Rotary International has a "Four Way MESSENGER Test" for everything it or its members do. The test asks, Is it the truth? Is it fair to all concerned? Will it build goodwill and bet- A Publication of the TEXAS JUNIOR COLLEGE TEACHERS ASSOCIATION ter friendships? Will it be beneficial to all Austin, Texas 78746-5747 Barton Oaks Plaza I, Suite 410 901 MoPac Expressway South In Austin (512) 328-2044 Toll-Free 1-800-288-6850 Fax (512) 328-1086 concerned? SEPTEMBER 1995 NUMBER 1 VOLUME XXVII What does this have to do with TJCTA, TJCTA Messenger (ISSN 8750-9644) is published four times annually, in September, December, January, you ask? I feel strongly it has everything to and April, by the TEXAS JUNIOR COLLEGE TEACHERS ASSOCIATION, 901 MoPac Expressway do with our organization. The premise that South, Barton Oaks Plaza I, Suite 410, Austin, Texas 78746-5747. Annual dues $35, $5 of which is for Rotary International sets for its members is subscription to TJCTA Messenger. TJCTA Messenger is abstracted and indexed in the ERIC monthly abstract journal, Resources in Education. Second-class postage paid at Austin, Texas. POSTMASTER: one we all should follow in both our per- Send address changes to TJCTA Messenger, 901 MoPac Expressway South, Barton Oaks Plaza I, Suite sonal and professional lives. 410, Austin, Texas 78746-5747. I believe that these ideas apply well to RICHARD MOORE CHARLES BURNSIDE PATRICIA A. SMITH TJCTA. First, it is the truth that TJCTA Associate Executive Director Executive Director President works hard for its members. TJCTA Messenger 2 with investments of more than $1 million to LEGISLATIVE ACTIONS CONFERENCE PLANNED adopt an investment strategy. Odessa College FOR FACULTY LEADERS (Continued from Page I) has been especially hard hit by the devastating receive state contributions of 6 percent, and (Continued from Page /) effects of the investment of virtually its entire the law requires that new ORP enrollees be portfolio in very risky derivatives. University of Texas at Arlington. He re- informed that future contributions "may fluc- ceived his law degree, also with honors, New legislation requires each college to tuate over time." Clearly, the intent is that for from Southern Methodist University. Found- describe its investment objectives, with spe- new college employees there will be a uniform ed in 1972, the firm of which he is the senior cific consideration given to suitability of the retirement contribution rate, set in the biennial partner now includes 30 practicing attorneys, investment to the college's financial require- appropriations bill, for both TRS and ORP. several of whom are recognized as special- ments, safety of principal, liquidity, market- The legislature appropriated almost $134 ists in legal matters involving rights of ability, diversification, and yield. Also, each million for the community college employ- teachers. Mr. Rogers received his bachelor's college must submit a quarterly investment ees' group insurance program during the I 995- degree from Baylor University and his law report stating the carrying value, the market 97 biennium. That amount, college representa- degree from the University of Arkansas. value, and the maturity date of each individual tives said, will maintain the present level of investment, as well as the specific account or Speaker for the conference luncheon insurance coverage for the next two years. fund which was the source of the money for session will be Marc A. Nigliazzo, president Changes in TASP each investment. of Temple Junior College. Dr. Nigliazzo There was a serious effort during the leg- held numerous teaching and administrative College Service Areas islative session effectively to eliminate the positions before being named president of A measure intended to clarify specific Texas Academic Skills Program. Opponents Galveston College in 1991. He was selected "service areas" for the state's 50 community of the program argued that it restricts access this year to be president of Temple Junior college districts was passed into law. The bill to higher education opportunities. After the College. Dr. Nigliazzo has made numerous covers more than 95 percent of the state House of Representatives passed a bill that presentations at professional meetings and containing 98 percent of the population and would virtually eliminate requirements for has conducted workshops on the teaching specifically delineates the areas to be served assessment and remediation, intense lobbying and improvement of writing. He has by each college. State Sen. Bill Ratliff (R- efforts by college and university faculty lead- published several articles and co-authored a ers and instructional administrators and Mount Pleasant), the bill's author, commented textbook. In his conference remarks on "The on the legislation: "With the limited state strong pressure from business and industrial Faculty Role in College Decision-Making," resources available for higher education, it is leaders kept the measure from being debated Dr. Nigliazzo will discuss a president's per- imperative that funds allocated forcommunity in the Senate. spective on the realities of participatory colleges be spent as efficiently as possible... Legislation was passed to exempt from decision-making in higher education. [This measure] will virtually eliminate over- TASP students over 55 years old not pursuing The afternoon discussion, entitled "Legis- lapping of services between community col- degrees. Also, students enrolled in certificate lative Issues Affecting Higher Education," will leges, thus contributing to a more efficient programs of less than one year were exempted feature State Rep. Dianne White Delisi (R- delivery of higher education opportunities from TASP; and students diagnosed as having Temple). Rep. Delisi presently serves as vice for the people of Texas." dyslexia or a related disorder also were ex- chair of the powerful House Committee on empted. The House sponsor of the bill, State Rep. Appropriations and is a member of the House Investment Strategy Tom Craddick (R-Midland) said, "Whereas in Committee on Public Health. Rep. Delisi is In an effort designed to avert high-risk the past the boundaries of colleges' service widely recognized as an effective advocate for investments of community college funds, areas were virtually imaginary, this firms up higher education in Texas. and lays out exactly what those areas are."* legislation was enacted to require each college TJCTA State President Pat Smith has sent letters to leaders of faculty organizations in- COMMITTEE REAFFIRMS POSITION ON GRADING viting them to participate in this year's con- ference. In her letter Dr. Smith said, "The The TJCTA Executive Committee last tion statement on academic integrity adop- major purpose of the annual conference is to May adopted a statement reaffirming the ted by the Association in its March 1981 contribute to an improvement in the effec- convention. That statement declared the Association's long-held position regarding tiveness of local faculty organizations at Association's commitment to the princi- grading practices in Texas community col- ples of academic integrity, accepting the two-year colleges in Texas. We believe every leges. The action came in response to "un- faculty group can benefit from having its settling reports" concerning policies and responsibility of college teachers to estab- leaders attend the meeting." practices in some colleges, according to lish and maintain standards of excellence, TJCTA officials. recognizing the need for fairness and con- While designed primarily for leaders of sistency in evaluation of student perform- Following is the text of the statement local faculty organizations, the conference is ance, recognizing the need for public confi- approved by the organization's Executive open to all interested TJCTA members and dence in the integrity of our colleges, and faculty leaders. Conference registration Committee: strongly affirming the need to strengthen should be completed by Sept. 26, through the Evaluating and grading students is and preserve credible measures for evalu- TJCTA State Office, 901 South MoPac Ex- the teacher's responsibility. Inter- ating student performance. pressway, Building One, Suite 410, Austin, ference in this process threatens the 78746 (or call toll-free, 1-800-288-6850). principle of academic integrity. In The 1981 TJCTA statement also de- Hotel accommodations, at a flat rate of $72 matters of unresolved disputes over clared that "each institution should estab- for single or double occupancy, may be re- grades, students should have the right lish and vigorously uphold reasonable and served by contacting the Wyndham hotel di- to appeal to an impartial committee. responsible standards of academic per- rectly, at 1-800-443-2241. Reservations are Colleges without such policies should formance by students and teachers" and subject to availability. A $30 registration fee, adopt and publish them accordingly. called on colleges to "adopt adequate pro- payable on arrival at the conference, will According to TJCTA State President cedural safeguards for grade appeal which cover the Friday evening reception and lunch are explicitly stated and appropriately Patricia A. Smith, the Executive Commit- and refreshment breaks on Saturday. tee action is intended to amplify the posi- published." TJCTA Messenger 3 MEMBERS NAMED TO TOP STATE OFFICIALS CALL FOR BETTER TECHNICAL STANDARDS COORDINATION OF HIGHER EDUCATION PLANNING ADVISORY COMMITTEE In action widely thought directed at committees and research agencies that the stemming the tide of ill-conceived and ill- changes would not benefit the state's higher education system. Powerful local business advised expansion and reorganization of the and political leaders have been instrumental in Texas system of higher education, Governor bringing about expansions and reorganiza- George Bush, Lt. Governor Bob Bullock, and tions of institutions and systems, frequently House SpeakerJames E. "Pete" Laney issued bypassing the Coordinating Board entirely. a joint statement in June declaring that future changes in the state's higher education sys- In their joint statement, the three top tem must be considered by the Texas Higher officials said, "Decisions about our institu- Education Coordinating Board. The statement tions of higher education must be based on declared that the Coordinating Board "must sound public policy and the best interests of Mark Workman Patricia Smith become the venue to consider any changes or Texas. These changes must no longer be In the January 1995 meeting of the Texas improvements to the state's higher education considered in a piecemeal fashion, but must Higher Education Coordinating Board, the system." be carefully reviewed in the context of their board voted to consider adoption of mini- impact on our entire higher education sys- "To ensure sound planning and careful mum educational technology standards that tem." Noting that the mission of the analysis, all ideas for new programs, consoli- would apply to Texas public universities and Coordinating Board is to provide compre- dation of college campuses, or changes in the two-year colleges. An 11-member advisory hensive planning to "ensure both quality and governance of our higher education institu- committee was appointed by Commissioner access" in the state's higher education system, tions should be presented to the Coordinating Kenneth H. Ashworth to formulate recom- the leaders called on legislators to work Board for review," the statement said. "The mended standards for consideration. Among through the Coordinating Board and dis- best interests of Texas demand that we should members of the committee are two leaders in couraged them from considering legislation no longer consider any consolidations, new the Texas Junior College Teachers Associa- that "circumvents the letter and the spirit of programs, or changes in our system of higher tion: State President Patricia Smith, Temple education unless they are approved by the the Coordinating Board functions." Junior College, and Mark Workman, Frank agency charged with strategic planning for TJCTA leaders hailed the joint statement, Phillips College, chair of the TJCTA Mem- higher education, the Texas Higher Education pointing out that Association representatives bership Services Committee. Coordinating Board," the three leaders said. for years consistently have argued against the In its preliminary meeting, the advisory The last several sessions of the Texas "downward expansion" of upper-level univer- panel agreed to develop recommendations in sities in the absence of Coordinating Board Legislature have seen major changes mandat- the areas of educational technology planning, findings that the expansions would serve the educational media, student computer/ ed by lawmakers despite findings by the Co- best interests of the state. ordinating Board and various "blue ribbon" telecommunications access, distance edu- cation, network access, and library. COORDINATING BOARD Chair of the advisory panel is W. A. (Bill) NEWEST COLLEGE GETS Baker, Vice President for Academic Affairs NAMES TWO TO FORMULA VOTER APPROVAL at the University of Texas at Tyler. Other ADVISORY COMMITTEE Voters in Hidalgo and Starr Counties on committee members include Robert Rose, the Texas-Mexico border overwhelmingly Vice President and Dean of Instruction, approved the creation of the state's fiftieth Galveston College; Angie Runnels, Vice public community college district in an elec- President for Instruction, North Lake College; tion held August 12. The college was estab- John Dinkel, Associate Provost for Com- lished by an unusual action of the Legislature puting and Information Services, Texas A&M in 1993, transferring the McAllen campus of University; Jesse Rogers, Vice President for c. the Texas State Technical College to a new Academic Affairs, Midwestern University; community college. Tom Burnett, Apple Computers, Austin; Harrison Coleman, GTE Telephone Opera- Under the law voters of the bi-county area tions, Irving; and Clyde Poole, senior stan- were required by the year 2000 to ratify Brian Dille Scott Nelson dards analyst for the Texas Department of establishment of the district and the manner Information Resources, Austin. Two past state presidents of the Texas of election of trustees, otherwise the college Junior College Teachers Association have would be abolished. Additionally, voters were Dr. Dille and Dr. Nelson are the only required to give taxing authority to the new been appointed to the Public Community and faculty members on the panel. The committee Technical College Formula Advisory college district in order to continue receiving also includes two lay members, Edward B. Committee of the Texas Higher Education state appropriations. Adams, of the IBM Corporation in Austin, Coordinating Board. Brian Dille, Odessa Col- After a well-organized campaign mobi- and Lydia Santibanez, of Coldwell Banker lege, and Scott Nelson, Kingwood College, lizing faculty and staff, students, and other LRS Properties, Inc., Temple. Eleven college were named to the 15-member committee. college supporters in the two counties, voters officials serving on the committee are Cheryl Dr. Dille served as TJCTA state president in approved creation of the college district by Sparks, president of Howard College, who 1993-94, and Dr. Nelson held that office in more than a two-to-one margin. A tax rate of serves as committee chair; Elaine P. Adams, 1994-95. Kenneth H. Ashworth, Texas Com- 2 cents for debt service was also approved; Houston Community College; Robert missioner of Higher Education, appointed and a maintenance and operation tax rate of 8 Aguero, Eastfield College; John H. Anthony, Dr. Dille for a term ending in 1996; Dr. cents was authorized by a vote of 8,483 to Collin County Community College; Adriana Nelson's term extends to December 31, 1998. 5,002. All three propositions were approved Barrera, El Paso Community College; Gilbert by voters in both counties. Leal, Texas State Technical College The advisory committee was created by the Coordinating Board, as directed by the Harlingen; Steve Maradian, Lamar Univer- South Texas Community College opened Legislature, to recommend formula rates in with 1,055 students in September 1993. sity; Bill Segura, Austin Community College; Preliminary headcount enrollment for the Buddy Venters, Del Mar College; and Jimmy the appropriations process for community and Goodson, The Victoria College. technical colleges for the 1997-1999 biennium. Fall 1995 term is 3,368. 6 TJCTA Messenger 4 TEXAS JUNIOR COLLEGE TEXAS ASSOCIATION TEACHERS ASSOCIATION OF COLLEGE TEACHERS 1995 Analysis of Possibilities for ORP/TDA The IRS has adopted certain guidelines and restric- The Texas Optional Retirement Program (ORP) is tions that affect ORP and TDA accounts. Whether one designed for full-time faculty at state supported institu- is a new employee or a veteran faculty member, there tions of higher education. Created by the Texas Legis- are three important dates to consider when analyzing lature in 1967, it is offered as an alternative to partici- pation in the Teacher Retirement System of Texas retirement. First, the Tax Reform Act of 1986 added (TRS). Upon employment at an institution, an em- required minimum distributions beginning at the age of 70'/2 for all contributions made after 1986, including ployee is given 90 days to choose whether to invest his or her retirement fund in ORP or TRS. This choice is the earnings on the Dec. 31, 1986 balance. There is one exception to this rule. A faculty member still employed irrevocable. If a decision is not made within 90 days, an in the college system past age 701/2 need not begin employee will be enrolled in TRS by default. distributions until the earlier of age 75 or actual retire- More often than not, new faculty members partici- ment. Distributions on pre-1987 values are required at pate in ORP. Why? While there are many reasons, the age 75 also. following are a few of the most important. First, there The 1986 law also added withdrawal restrictions to is a contribution of up to 15.15 percent of salary placed Editor's Note: For the TDA annuities (mutual funds have always been re- into a retirement plan. This is the sum of the employee's twenty-first consecutive year, this Analysis has contribution (6.65 percent of gross salary) and the stricted) and a ten percent penalty for premature distri- been made available to butions. The ten percent premature distribution penalty state's contribution (from 6.0 to 8.5 percent of salary). members of the Texas As- was effective Jan. 1, 1987, while withdrawal restric- Second, the retirement savings plan is self-directed, of College sociation tions were effective Jan. 1, 1989. Those restrictions and the vesting period is one year and one day. If an Teachers and the Texas mean that money cannot be withdrawn before age 591/2 employee does not vest, the state's monies are returned. Junior College Teachers except in the event of death, disability, hardship (lim- The retirement benefit or monthly income is based on Association to assist in ited to contributions only) or separation from service. contributions and earnings on those contributions. their retirement planning. The ten percent penalty applies before age 59'/2 unless The staff of the two asso- The Teacher Retirement System is for all persons the employee separates from service at age 55 or later, ciations who compiled this who opt not to be in ORP or are not eligible for ORP. has a medical hardship, disability, Qualified Domestic year's Analysis are grate- TRS is a defined benefit program, in which the Resolution Order, or dies. The Dec. 31, 1988 account ful for the efforts of Frank employee's retirement benefit is two percent of aver- value for annuities is "grandfathered" so that with- L. Wright, who managed age salary in the highest three years, multiplied by the the Analysis for most of its drawals can be made for any reason; however, the ten number of years of participation in the program. The history, Marjorie Collings- percent penalty will still apply. current vesting period for TRS is five years. Diehl, who introduced a Most companies have incorporated TDA loan pro- new format last year, and Whether the choice is ORP or TRS, most employees visions into their policies or custodial agreements un- the many professionals of are eligible to place additional pre-tax contributions der the Tax Equity and Fiscal Responsibility Act of the ORP/TDA companies into a Tax Deferred Account (TDA). A TDA is a 1982. The IRS and each firm will have certain guide- who cooperated in making supplemental investment that may be made in addition this service possible. lines and criteria that must be followed. If the IRS rules to the mandatory program. TDAs receive no state are not followed, the loan could be considered a with- No investment decision contribution. While similar to an Individual Retire- drawal or premature distribution and subject to tax and should be based solely on ment Account (IRA) in that it is self-directed, TDAs the data reported in this ten percent penalties. For specific information, the differ from IRAs in several respects. First, the TDA Analysis. Investment needs investor should contact representatives of the com- usually allows an employee to contribute more pre-tax vary, and, as we all know, pany. dollars than an IRA. Second, there is a calculation "Past performance does Another date that will affect ORP and TDA ac- required by the IRS to determine the additional amount not guarantee future suc- counts is Dec. 31, 1995. The Revenue Reconciliation that may be saved. The calculation is called a Maxi- cess." Act of 1993 places further restrictions on the amount mum Exclusion Allowance (MEA). While the calcula- that can be contributed on a pre-tax basis. Effective tion is complicated, the additional amount that can be Dec. 31, 1995, the maximum salary on which ORP deferred usually ranges from four to eight percent of contributions may be made is $150,000. salary. 7 the rate for dollars that are annuitized at Additionally, when dollars are withdrawn interest rate, which is normally higher than the contractual minimum. This rate may for retirement purposes, a 15 percent excise retirement, and credits less interest to those tax is added to any normal taxes due on change daily, monthly, quarterly, or annu- wishing a cash option. Annuity contracts amounts above $150,000 in any one year. ally. The current rate of interest is derived have two phases, accumulation and distribu- from the company's earnings, and is set by The Revenue Reconciliation Act of 1993 has tion. Annuitization is a distribution phase. By another far-reaching effect. Under the law, the board of directors. The actual formula for utilizing this distribution process, a partici- the IRS determines an individual's life ex- the current interest rate varies from firm to pant can buy an "income stream." The insur- pectancy using mortality tables, then sub- firm. It is largely an unknown and discretion- ance company will guarantee, according to tracts the actual age at death to determine ary formula, subject to change. the contract choice made, to provide an in- how many fewer years of retirement the per- come the annuitant cannot outlive. Other Other types of fixed accounts offer more son had than expected. This number is multi- options can include: receiving money for a specific information regarding their yields. plied by $150,000 then subtracted from the set period of time, or even an income stream They may offer a rate based upon a pool of cumulative remaining balance in the ORP for the spouse upon the annuitant's death specific underlying assets such as govern- and TDA accounts. A 15 percent excise tax is (known as joint and last survivor option) or ment bonds, treasuries, or other securities. due on that amount. any other mutually-agreed combination. The These are sometimes called Market Value loss of flexibility and liquidity for the dollars For example, an employee retires at age Adjusted accounts. Only when a firm will annuitized is assured, since the purchase of 65 with total accumulations (ORP and TDA) disclose and contractually guarantee the for- an income for life guarantees the accumula- of $2.4 million. According to the mortality mula can investors be assured of the interest tion in the account to be with the insurance tables, the employee is expected to live to age crediting method for their contract. While company for a very long time. 85. The employee dies at age 75, and the total most insurance companies work on an old account remaining is $2 million. According When comparing interest rates, be careful banking principle, paying policyholders two to the mortality table, the employee died 10 of the manipulations that companies may percent less than the company earns on its years sooner than expected. These ten years, provide to "enhance" their contracts. The investments, the choice of formulas is still at multiplied by $150,000 equals $1.5 million. highest interest rate is not necessarily the best the discretion of the company's board. This amount is then subtracted from the re- bargain. Since interest rates have declined in Insurance companies credit or pay inter- maining account value of $2 million, leaving the last ten years, a number of companies will est in many different methods. The most $500,000, which is considered excess sav- pay a first-year bonus thereby enticing a widely used method is to "band" interest move to that company. However, the en- ings and is taxed an additional 15 percent, or rates. As money is received by the company $75,000. This does not include income or hanced first-year rate can be at the expense of the current interest rate is applied. The cur- estate taxes. the renewal rate. rent interest rate can be guaranteed for any Not all enhancements to contracts are Caution should be exercised, with special period of time. However, as the rate changes, attention given to many charges companies negative. Some bonus contracts truly provide monies received from that point forward can assess. All performance figures quoted in a positive enhancement to earning potential. would be considered a new band and credited this study are net of all administrative or Annuitization is necessary to some people's at the new rate. The old money, or band, may management fees for the specific years men- financial planning, but is typically not rec- continue to earn the former rate of interest for tioned. Net performance is a good starting ommended for all accumulations. Keep in the specified period of time. Once that time place for comparison. Neither low nor high mind, the firms currently available for ORP has elapsed, a new rate may be applied to that expenses and charges assure the best invest- band. Over time, the con- ment. Is an investment that has a gain of ten tract may have many 1995 Legislative Changes to ORP Funding percent and charges only one percent per year bands of different rates. (nine percent net) better than an investment Some firms band for a The 74th Texas Legislature made several decisions that has a gain of 30 percent and charges three year and then the dollars regarding the Optional Retirement Program which may percent per year (27 percent net)? Historical drop into a pool or port- affect the planning decisions of ORP participants and po- investment performance does not and cannot folio. The current rate tential participants. The rationale begins with the Teacher guarantee future results. However, many in- paid on the pool or portfo- Retirement System. The TRS Fund was termed "robust," dividuals will use past performance to assist lio may be higher than permitting the Legislature to reduce state funding from 7.31 in the decision process. Flexibility and port- the initial band. If the percent to 6.0 percent of salary, while allowing an unprec- ability should also be considered. edented benefits increase to retired TRS participants (insig- rates are quoted on a port- folio basis, the dollars nificant enhancements were adopted for future retirees). As an investor, it is important to analyze earn the stated interest front end charges (which reduce the amount Next, as the logic continued, ORP participants should not rate when deposited. of money that goes to work immediately), receive greater state contributions to their retirement plans and contingent deferral charges (which tend than do TRS participants, so the ORP level was correspond- To attract new partici- to limit flexibility and the portability of the ingly reduced to 6.0 percent. Then, recognizing the public pants, many companies policy benefit of ORP and an implied agreement with ORP investments). In order to maximize potential will increase or enhance participants, the drafters of the budget added enough money gains in the future through new products or third quarter current rate in a special appropriation to the institutions to supplement innovations, flexibility and the allowance of declarations, when com- the 6.0 percent with 1.31 percent to total 7.31 percentthe change are important factors. panies receive the lowest appropriated level for the past four years. Finally, ORP Fixed Accounts contributions of the year. participants must remain hopeful that institutions can find an Not all companies engage Fixed accounts are traditionally invest- additional 1.19 percent to reach an 8.5 percent non-partici- in this practice; however, ments in the "general accounts" of an insur- pant match, as all universities and most two-year colleges one should be aware that ance company. These accounts function in a have provided for the past 15 years. this strategy is used to fashion very similar to a bank's Certificate of For new ORP participants hired after Sept. 1, 1995, the entice participation in Deposit. The dollars on deposit are "lent" to legislative intent is different. Riders to the Appropriations bill certain programs. the insurance company. The insurance com- stipulate that the ORP contribution shall be the same as the pany agrees to repay both principal and a Another tool to entice TRS rate (with no supplement provided) and that new contractually-guaranteed minimum interest participation is the "two- ORP participants be clearly advised that the contribution tier" crediting process. rate, presently ranging between 3 percent and rate is subject to change. This process enhances 4'h percent. Most companies pay the current A2 ORP/TDA Analysis funds can be composed and TDA are focused upon creating competi- r Company Rankings Table 1 of one or more of the tive products for accumulations. At retire- ment, shopping for the best annuitization rate following: Treasury bills, Company I) & P Moody's S & P AM Best is a very prudent decision. In addition to certificates of deposit, Allmerica Financial/SMA Life A+ A nr Aa3 checking with one's current firms, there are American Express Financial Adv. commercial paper, Euro- A+ n/a AAA Aa2 American United Life A+ AA- AA+ A dollar CDs, and notes. several companies that specialize in the dis- Century Life of America A+ nr nr AA- tribution phase (annuitization). At retirement, The objective is to main- College Life Insurance BBBq A nr nr tain a constant share all accumulations in both ORP and TDA Delta Life and Annuity BBq A+ AA- nr Diversified Investment Advisors AA+ AA+ A Aa3 value while producing a accounts become 403(b)s. (403(b) is the sec- The Equitable Life Assurance A+ A+ A2 A return slightly above tion of the Internal Revenue Code that allows Fidelity and Guaranty Life BBB+ AI A- Baa3 bank money market for these retirement programs. Therefore, all Fidelity Standard Life AA nr nr A dollars could be comingled. By placing a Franklin Life Insurance AA+ A+ AA funds. Aa3 Great American Life (GALIC) BBBq A+ Baa3 A larger sum on deposit, one could purchase a 2. Bond Funds can Great Southern Life BBBq nr nr A higher income stream, but do not forget to Jackson National Life AA nr A AA come in many varieties, shop because it is a lifelong decision. Kemper Investors Life Baal nr A+ A- including a government nr AA- nr Life Insurance Co. of the Southwest A bond fund, a corporate Most fixed contracts, like CDs, will have Lincoln National Life A+ AA- AAA Aa3 bond fund, high yield Loyalty Life nr nr B+ BBq a penalty for early withdrawal. The term for Massachusetts Mutual Life A++ AAA AAA Aa I bond fund, or others. this is surrender or withdrawal penalty. This MetLife AA+ A+ AAA Aa I Typically, the investment charge is usually assessed on payments made Mutual of America AA+ AA+ Aa3 Ai- to the contract that have not been "on-de- criterion requires that any National Western Life nr A+ nr A- Nationwide Life insurance A+ AAA nr Aa I holding purchased be a posit" for a specified period of time. New York Life Insurance Aaa A++ AAA AAA bond. North American Security Life nr Baal A- A Finally, it is important to consider ratings Northern Life Insurance A+ AA- AA A I 3. Stock Funds can be of firms if the dollars are invested in the fixed The Pioneer Group A+ AA Aa A side of any contract. Since the money is classified in three catego- SAFECO Life nr A+ AA Aa2 Equity-Income ries. Security Benefit A+ guaranteed by the insurance company, sol- AA- AA- nr Security First Life nr AA nr A Funds focus on income, vency of the firm should be a factor for Southwestern Life Insurance B+ B+ B2 B with capital appreciation consideration. When placing assets in a fixed State Farm Life A++ AAA nr Aaa as a secondary concern. account, utilizing two or even three different TIAA A++ AAA Aaa AAA Growth and Income Transamerica Life Insurance AA+ A+ AA+ Aa3 rating services is considered prudent. (See Travelers Insurance Company A+ A+ A2 A Funds attempt to produce Table 1.) Each rating service (such as A.M. Union Central A+ nr A+ A both capital appreciation Best, Standard and Poor's, Duff and Phelps, United Investors A+ AAA nr nr and current income. UNUM Life Insurance A++ nr AA Aa2 and Moody's) has a different area of exper- USAA Life Insurance A++ AAA nr Aa I Growth Funds seek capi- tise and specific evaluation criteria. Some of VALIC A++ AAA AAA Aa2 tal appreciation first those areas include solvency and claims- Western National Life AA- A+ A2 A while current income is a paying ability. However, be advised that even Each mutual fund comes with a prospec- distant secondary concern. these rating services are not infallible. In the tus, which must be provided to the investor past, several companies have been placed 4. Balanced Funds are also called "total before purchase. This prospectus will pro- into "receivership" despite having high rat- return" funds. The objective is to provide vide information such as the name and cre- ings by these services. Texas does have a total returns through growth and income. The dentials of the fund manager, the goals and guarantee program. This program offers pro- fund typically purchases stocks, bonds, and objectives of the specific fund, and informa- tection of up to $100,000 of account value convertible securities. Weighting of each as- tion regarding fees and other expenses. It will with each company. set class will depend upon the manager's also describe the limitations placed on the perception of the market, interest rates, and Mutual Funds manager. All funds instruct the investor to risk levels. "read the prospectus carefully before invest- Mutual funds are available for ORP and ing or sending any money." Unfortunately, 5. International (Global) Equity Funds TDA deposits. An investment company or a the prospectus is written in such technical consist of two types. International or Foreign mutual fund is either a corporation or a trust terminology, most people would have diffi- Funds may only invest in stocks of foreign in which investors pool their funds and invest culty interpreting its contents. companies. Global Funds can invest in both them in a wide variety of securities. An foreign and U.S. stocks. The objective of All mutual funds have fees, including so- investment company or mutual fund is en- called "no-load" funds. Who has not read either category is growth of capital. gaged in the business of investing in securi- beautiful, glossy brochures that funds use to ties, managing funds for people more effec- 6. Aggressive Growth (Small Company) market their products? Who pays for the tively than they ordinarily could for them- Funds are mutual funds that focus strictly on marketing, research, administrative support, selves. A fund operates as a single large appreciation, with no concern about generat- reports, fund managers, and other costs? The account that is owned by many shareholders. ing income. investor pays these expenses. Accepting the Today, there are more mutual fund choices 7. Special Funds are grouped in two cat- fact that there is "no free lunch," what charges available than companies listed on the New egories: Metal Funds and Non-Diversified should one review before investing? York Stock Exchange. As the world economy Funds. A metal fund purchases metals in one The investment advisor or advisors, mak- continues to grow, opportunities for invest- or more ways: bullion, gold stocks, and min- ing the daily decisionsto buy, sell, or hold ing beyond our shores become increasingly ing stocks. Non-Diversified Funds are de- the investments of the fundmust be paid. viable options. Additionally, most funds are fined by the Securities and Exchange Com- The research and overhead costs for adminis- now grouped in "families" that offer a broad mission as holding more than five percent of tering the fund must be paid. These are usu- array of funds within one package or com- the funds' total holdings in the security of one ally described as "investment advisory ex- pany. company. These funds can also be industry penses" or "management fees." Always find Here is a brief description of the kinds of specific. out what the management fees are. They investments available. The above definitions have been modified range from 0.17% for Money Market Funds 1. Money Market Funds invest in securi- from those found in the Certified Fund Spe- to 5% for International Funds. Does the fee ties that mature in less than one year. These cialists guide. amount affect the performance of the fund? A3 ORP/TDA Analysis Table 2 - Contract Expenses Contract Total Expense Excess Annual Transfer Fees Ratios Admin. Exp. Contract ID Company M &E Policy Fee 0.42 - 1.50 $25 over 6 0.000 Allmerica Financial/SMA Life 30.00 1.45 Exec Annuity Plus 0.64 0.89 na 0.000 American Express Financial Adv. Flexible Annuity 30.00 1.00 0.28 0.005 na American United Life TDA Multiple Fund 30.00 1.25 1.05 0.250 na 0.00 0.29 0.42 CREF none RA, SRA (n1), GSRA 0.10- 1.02 0.000 na 0.90 Diversified Investment Advisors Fixed Accts - ORP 30.00 0.10 - 1.02 0.90 0.000 na Diversified Investment Advisors Fixed Accts - TDA 24.00 0.78 na 1.34 - 1.49 0.000 none 0.38 The Equitable Life Assurance EQU1- VEST 0.27 $10 - currently waived 0.000 0.80 Fidelity Standard Life FLS224 27.50 1.35 na 0.300 0.93 Advantage III Kemper Investors Life 0.53 25.00 1.00 Multi-Fund ORP 0.37 - 1.26 na 0.000 Lincoln National Life none 1.00 0.000 0.37 Multi-Fund - TDA na Lincoln National Life 25.00 1.26 1.00 na 0.150 Massachusetts Mutual Life 0.39 Flex Extra Annuity 35.00 0.91 1.15 0.500 0.32 Preference Plus 0.75 na 0.00 MetLife 1.04 0.50 0.083 0.13 na Mutual of America TDA-3300 24.00 1.08 na 0.050 0.25 Best of America IV Nationwide Life Insurance 12.00 1.70 1.25 0.10 0.20% 0.47 - 0.97 $30 over 12/yr New York Life Insurance 30.00 1.30 NVA 0.150 0.57 na 30.00 North American Security Venture 1.25 1.25 $10 over I2/yr 0.64 0.000 SAFECO Life Resource B 1.20 30.00 1.25 0.000 na 30.00 Security Benefit 1.34 0.61 1.20 Vari fl ex 0.27 - 1.30 0.000 24.00 na Security First Life SFL228 1.35 Must move over 10 yrs 0.250 none RA, SRA (nl), GSRA TIAA 0.00 na na 0.32 Universal Annuity 0.000 30.00 Travelers Insurance Company 1.25 1.25 0.56 - 1.08 $10 over 6/yr 0.250 Union Central 30.00 1.20 VA None, only 12 allowed 0.90 0.000 0.62 50.00 United Investors 1.26 Advantage 11 na 0.40 25.00 0.000 Variable Annuity III UNUM Life Insurance 1.20 1.05 0.05 0.33% 1.00-1.25 na Portfolio Director none 0.38 1.02 VALIC Total M &E- Mortality and Expense Risk Expense Ratio-the range of sub-accounts for 1994 as a fixed only contract. Variable annuities with an investor in the design of an invest- Yes, it does. While one does not want to make ment plan. The professional will be paid are by design variable investments. this an overriding concern, an investor needs to be comfortable and understand the fees based upon the amount invested and the per- The variable annuity is a product that is formance of the account. If applicable, this assessed. Generally, net performance, not constantly evolving. The horizontal integra- internal cost, is the important factor to con- fee will be found in the prospectus. tion of these contracts is an innovation that sider when investing. It has long been the subject of much dis- seems to be growing. Previously, all pro- cussion whether paying an up front charge is grams were vertically integrated. Manage- There are three pricing strategies for mu- best or if it is preferable to have a contingent tual funds. A-share mutual funds are front- ment, marketing, administration, and sales charge. One position holds that if the invest- loaded funds. The cost to invest will usually were all performed by the same company. In ment is for the long term (ten years) it will be range from zero percent for Money Market the late 1980s, several firms began adding better to pay up front charges, since this will external fund managers to the proprietary Funds to eight percent for International Funds. make the annual management or investment The load immediately reduces the amount funds offered in the contract. Today, an in- charge significantly lower. This argument is going to work. These funds will typically be vestor can even cross fund families in one true. However, it does not take into consider- presented by a salesperson who will receive contract. ation personal, economic, or product changes. a commission to represent that company. Remembering that the variable annuity The original investment chosen today may B-share mutual funds are sometimes contract is offered by an insurance company not be the best investment for an individual in known as no-load with a contingent deferred may assist an investor with the following the future. sales charge. These shares have an early discussion regarding fees. The expense risk Variable Annuities withdrawal penalty if the amount does not and mortality charge are fees assessed in remain on deposit for a specified period of most variable annuities. The expense charge Variable annuities can be described as a time. These funds typically have higher man- guarantees from the date a contract is signed combination of fixed annuities and mutual agement fees than the A-shares and are often that the charges for management and annual funds with a twist. Variable annuity contracts clones of an A-share fund. contractual charges will not increase for the are life insurance contracts that have as few life of that contract. The mortality charge is as one or as many as 30 variable investment C- and D-share mutual funds are no load unique to variable annuities. Mortality charges options. These options are referred to as sub- in, and if held for a period of time (up to l are guarantees by the insurance company that accounts. The sub-accounts are, by law, sepa- year), no load out. These are deemed no- in the event of death, heirs will receive either rate accounts. The variable choices offered service or self-service funds. This class of the contributions (deposits) or the face value differ from the fixed account in that the funds can be brought to the investor in two of the contract, whichever is greater. investor, not the insurance company, absorbs ways. The old line of funds has no sales force; the investment risk. There are no guarantees. transaction are made using a toll-free phone Today, several contracts have expanded The money is never commingled in the insur- number. The new line of funds uses salesper- the mortality feature. This is called a "stepped- ance company's general account. All earn- sons that may or may not receive an up front up death benefit." If available, the contract ings or losses are tied to investment perfor- commission. The management fees will prob- will increase the amount invested at a certain mance of the underlying account. ably be higher than B-shares, therefore one rate (e.g., five percent per year) or at a con- should check the prospectus. More families tract anniversary date (e.g., the fifth contract Many variable annuity contracts have fixed will begin offering C- and D-shares. accounts. Research shows that almost 60 year). This value is the new "floor" that the heirs will receive. This can be a very attrac- Another fee that may be assessed is a 12- percent of assets in variable annuity contracts tive feature for older faculty investing in are in fixed accounts. While this may be b -1 fee, named after a federal government rule. This fee pays for distribution costs, prudent for a particular investor, the discus- stock accounts late in their careers. Another sion provided in the fixed annuity section fee assessed by the variable annuity is the including advertising and dealer compensa- applies here. In some cases, the fixed por- investment advisory fee and, if applicable, a tion. The 12-b-1 fee may provide a venue for use, compensating a professional to work tions of these contracts are not as competitive 12 -b -1 fee. A4 ORP/TDA Analysis

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