Left In Alabama

Even Kay Ivey Agrees: Alabama's PACT is a Contract!

by: geno

Thu Apr 02, 2009 at 01:31:32 AM CDT


(I'm in awe of the work that Geno has done on this subject! - promoted by countrycat)

The Alabama Prepaid College Tuition Program was systematically and intentionally marketed as a program which offers a way to pay for a college tuition contract, even after the disclaimers as they exist today were added to the program documents.

The marketing was carried out by state officials, and under the auspices of the board. This is why the analogies to IRAs and 401Ks don’t work. It’s why the big dailies feel comfortable writing about the state’s “moral obligations.”

As I began sifting through the information we’ve compiled over the past month or so, I realized that we have enough information to prove the “systematically and intentionally” part. While I’m working on putting the data we’ve gathered on the money management into a timeline, I’ll do my best to lay out the evidence on the marketing.

geno :: Even Kay Ivey Agrees: Alabama's PACT is a Contract!

I first saw the language below when Countrycat pointed out that it was posted on this Alabama Commission on Higher Education web page. I notice they’ve removed it from their site. I am glad I copied and pasted it word-for-word, so we can compare it to this [emphasis added]:

Through the PACT program, a contract may be purchased to prepay 135 hours of tuition and eight semesters of mandatory payments at any Alabama public college or university for students in the ninth grade or below. PACT may also be used at private or out-of-state institutions based on a weighted average of state tuition costs. Flexible plans are available to pay for the contract that is priced according to the age of the student.

This paragraph, in slight variations, has been included in at least 17 press releases from the State Treasurer’s office since August of 2004. Press releases are official statements intended for mass distribution. These particular press releases are either communicating a policy, or they are communicating deliberate falsehoods. I can see no middle ground.

This description of PACT has been repeated too many times to be a misstatement. It is calculated to influence the financial decisions of a target audience.

See the dated list of press releases at the end of this post. I’ll just link one here, because the last paragraph makes a clear distinction between PACT purchasers and 529 investors. 5/29/2006: [emphasis added]:

I encourage all parents and grandparents to look into purchasing an Alabama PACT contract or investing in the Alabama Higher Education 529 Fund for a loved one.

I have to call your attention to this quote, too. It’s a classic marketing technique: Convey a sense of urgency. 12/14/2007:

The enrollment period for PACT is only open for a brief window of time each year,” Ivey stated. “College tuition is one item that never goes on sale. There will never be a more affordable time to enroll, so start today.”

Here are a couple of other sentences that I saw frequently as I went about reading and archiving all these press releases:

“With college tuition skyrocketing, it is important for families to plan now to send their children to college in the future . . .”

 

“PACT is based on a simple concept – pay today for tomorrow’s tuition.” 

PACT Sold To Bankers – Exhibit B

Just in case the video wasn’t enough proof for you, see page 11 of the current Bank Orientation Manual (pdf):

Through the PACT Program, an individual can purchase a contract to prepay 135 semester hours of college tuition and 8 semesters of qualified fee payments at any Alabama public college or university. PACT may also be used at private or out-of-state institutions. The PACT Program is open annually for a limited enrollment period.

The Alabama Higher Education 529 Fund allows an Alabama citizen to participate in an investing program for as low as $25 month and to select from a number of professionally crafted investment strategies. Withdrawals from the account can be used to pay for tuition, fees, books, room and board at any accredited college, trade or graduate school. The investment funds are managed by Van Kampen Investments. The Fund has open enrollment year round.

Banks have partnered with the Treasurer’s Office to have summary brochures available to their customers through lobby displays, statement messages, and similar vehicles.

I find two things about this passage interesting:

  1. The first paragraph contains some of of the language from the press releases.
  2. Compare the first and second paragraphs. Once again, we see is a clear distinction between purchasing a contract and participating in an investment program.

This is in an official publication under the seal of the Alabama Treasury Department.

Press Releases

All were publicly-viewable here as of this writing:

2004

08/29 – PACT Open Enrollment Announcement

09/08 – Open Enrollment Announcement

09/28 – Enrollment Deadline Extension Due to Hurricane Ivan

10/26 – Announcement of Weblink for PACT account holders

2005

03/03 – Announcement that PACT and 529 fund combined have more than $1 Billion in assets

07/27 - Announcement of Ivey’s visits to Pell City, Talladega, Rockford, and Wetumpka

08/05 - Announcement of Ivey’s visits to Evergreen, Andalusia, and Brewton

09/13 - Announcement of College Savings Month

09/20 - Enrollment Deadline Reminder

2006

05/29 - Encouraging people to start saving for college on 5/29.

08/17 - Applauding (and trying to take some credit for) the federal Pension Protection Act.

09/01 - “College Savings Month” announcement.

10/05 - PACT enrollment period announcement.

12/29 - PACT enrollment extension.

2007

08/09 - Announcement that one-year PACT contracts now available.

09/04 - “College Savings Month” announcement.

10/01 - Editorial statement on the virtues of a college education.

(Note - This is Part 2 of "Everything I Know About the Alabama PACT. Part 1 covers the basic organization.)

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Contract, contract, contract (4.00 / 1)

and "prepaid" to boot.

Great work, Geno!

We need to send these links to Montgomery TV stations.  On the day of the PACT board meeting, they were throwing around questions like "why should the state bail out PACT parents when everyone's investments have dropped?"

Because PACT parents didn't make "an investment," morons!

And your diary is an easy to browse way to prove that.



I'm not short.  I'm fun size!!

Nicely done! (4.00 / 1)
You get an A++ for compiling all this information, geno.

Work harder and work smarter!

Thanks (0.00 / 0)

I was going through all the info working on the timeline last night and realized I either had this stuff in my files, or knew right where it was.

Dealing with things like this has been on my mind all along:

And let me say again: Where is the taxpayer relief for the rest of us who may not have a PACT account, but who followed the advice of all the experts and put money into IRA and 401k accounts? Is it because the State Treasurer keeps crying about "the children"? Is that why those investors are going to get a break at taxpayer expense?

The first time he asked that question, he also asked some questions about what constitutes securities fraud, and I’ve seen so much of this on discussion threads I didn’t see much point in singling him out and taking a swipe at him directly. Although, I must say, his comment about “populism” makes me laugh out loud, given the fact that he is playing to the anger of people who have taken a beating on retirement investments, which is a VERY large group of people. Looks like projection to me.

Now that he’s posted that statement a second time, I really wish he would find LiA and read this. Maybe I will call his attention to it this evening.

He’s coming across as the sort of person who would be petty enough to deny 50,000 students a college education just because his IRA lost some value, and I don't think that is really his intention.

I also wish folks who have decided that it is “disingenuous” to discuss moral obligations in connection with this issue, and the people who are trying to equate saving this program to some sort of “welfare” would read this, too.

I’ve tried to stay away from the idea of moral obligations as much as possible, because I think there are better ways to approach it. But I do think it’s legitimate to make that argument, given the FACTS that we’ve uncovered

I believe I’ve got enough material for at least a two more posts on the marketing of the program. IMO, this isn’t even the best stuff.



It's more fun if you comment!

Compelling arguments.....but does anyone have a pdf of a contract....cause in my mind (4.00 / 1)
that could clear up allot in most peoples minds.

Master PACTS (4.00 / 2)

Best I can do. Several years of them here.

Will discuss the evolultion of the disclaimer language in the post-1995 documents before I am done. I think it's important to look at the marketing first, because the disclaimers have been discussed elsewhere, but the marketing really hasn't.

More on the marketing in the next few days.



It's more fun if you comment!

[ Parent ]
PACT contract language (4.00 / 2)
I watched APT last night and they interviewed two journalists (one is a white haired guy--from Montgomery I think).  He essentially said: Those who bought contracts prior to 1995 have a right to be upset, but those who bought contracts after 1995 "knew they were essentiallly investing in a mutual fund and have no right to be upset." (not an exact quote).  So I went back and looked at my 2001 contract and compared it to the 1994 contract.  Sure they took they word "guarantee" out after 1994, but there is NOTHING in the contracts after 1994  that indicates 1) you are essentially investing in a mutual fund 2) that the tuition is in any way not guaranteed.  Through their marketing (as you have pointed out so well) and the contract language, there is no way any, normal person reading the contracts after 1994  would conclude that the tuition is anything but guaranteed.  The contracts clearly say that you aren't guaranteed to get into the college you desire, but that is the only caveat that the contract includes.   I'm not aware of any disclosure documents in 2001 that indicated that you were either subject to losing your money or to not getting your tuition paid.   It seems that at least some of the general public (including journalists who should be informed) seem to think we bought contracts knowing full well it was a mutual fund.  That simply is not the case.  We thougt we were buying a prepaid contract, "tomorrow's tuition at today's prices" plain and simple.   We were completely misled and that's why we are upset. 

PACT Contract (4.00 / 1)

Welcome TomAustin.  Sorry we're meeting in such unfortunate circumstances.  Is there any chance you could scan your contract and email it to me or countrycat?  Or I can provide you with a FAX number if that would work better for you.  Feel free to blot out the personal information, but we would love to have the exact language used in the PACT contract, especially a post 1995 one.

My email is mooncat at leftinalabama dot com or click on my name or countrycat's in the upper left hand margin.

Thanks for sharing that information.  You are absolutely right, the paid press ought to be better informed about PACT.  Instead, they are swallowing Kay Ivey's talking points, hook, line and sinker.



Work harder and work smarter!

[ Parent ]
Welcome, Tom Austin! (0.00 / 0)

What Mooncat said...

If you can get us your contract, we'll post with identifying info removed...

The day of the PACT board meeting, Mooncat and I also attended the press conference with two legislators who want to try and fix PACT.

One of the Montgomery TV reporters said kind of the same thing... "why should we bail out PACT parents who made bad investments when everyone else's 401ks are down too?"

It was all I could do not to knock him upside the head with my camera: "We didn't make an investment, you moron!  We bought a CONTRACT!"  There's a difference, even if the PACT board and others don't want to acknowledge it.



I'm not short.  I'm fun size!!

[ Parent ]
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