Squeezed From Both Ends?
Tuesday, February 24th, 2009The Vermont Student Assistance Corporation (VSAC) has a problem.
It would probably be an exaggeration to say that VSAC is in trouble. The half public-half private, non-profit corporation has been around for a long time. It has millions of dollars in the bank, and the support of most state officials. Its survival, for now, does not appear to be in doubt.
But it must have a problem. Otherwise, it would not be seeking $50 million in “moral obligation debt” from the state.
A moral obligation is not an appropriation, at least not yet. VSAC is not asking for taxpayer money. It is asking the state to promise that, should the corporation ever need that $50 million (or any part thereof), the Legislature would have to consider coughing it up.
At that point, according to a written statement submitted to the Senate Finance Committee last week by VSAC Vice President and General Counsel Thomas A. Little, “The General Assembly may appropriate monies to replenish the reserve fund (that basically means, “bail out the corporation”) but it is not legally required to.” (Little’s italics)
Well, only if it wants the state to retain a good credit rating.
“We really wouldn’t have the option of not paying,” said Senator Dick McCormack, a Democrat from Bethel, who observed that in such a situation the state would be like the driver who said, “I’m not stuck now but I will be if I move the car.”
At the committee meeting, Little told the senators that it was unlikely that VSAC would ever have to ask the Legislature for the money. The state provides moral guarantees for other financial entities, none of which has ever asked the Legislature for payment. Such a step would be, he said, “a bonding authority’s last resort.”
But he appeared to be careful not to promise the senators that under no circumstances would VSAC have to call in the chit it was asking the lawmakers to issue. The conversation proceeded as if all participants understood the pickle VSAC may be in.
VSAC borrows money so it can lend money. It borrows by issuing bonds-sometimes hundreds of millions of dollars at a time-then lends the money, as part of the federally guaranteed student loan program, to Vermonters to go to colleges and universities anywhere in the country. VSAC pays off its loans from the revenue it gets as the students (or their parents) pay off theirs.
It is a system that for decades has helped hundreds of thousands of Vermonters go to college. But now it is in danger, and VSAC faces the possibility of the worst kind of dilemma – being squeezed at both ends of its process. On one end there is less money to borrow. On the other, there may be fewer students to whom to lend.
Last year , VSAC held a bond sale and, in effect, nobody came. Though VSAC’s bonds are highly rated, they do not always “have the absolute promise of liquidity,” Little told the committee.
That’s bankers talk meaning that the bond-holders might not be able to go up to the teller window and cash in their bonds for face value.
With “tightening credit (investors want) liquidity,” Little said, and since VSAC’s bonds didn’t have enough, the result was a “failed auction.” VSAC couldn’t sell its bonds.
It managed to get the money using another kind of bond. A more expensive kind. And for its next trip to the bond market, investors and rating agencies want the Corporation to “over-collateralize” by 106 percent.
For example, Little said, for “a typical $300 million bond issuance,” VSAC would need “$18 million in additional assets…to put in a bond trust.”
VSAC would put “$6 million of its reserve fund in the pledged equity account,” Little said. And the other $12 million? Well, that’s why VSAC wants the “moral obligation” pledge. The state wouldn’t actually put $12 million in an account, or anywhere. It would sort of exist in the abstract, unless VSAC asked for it.
Little and State Deputy Treasurer Beth Pearce told the senators how unlikely it was that VSAC would need the money. Only about two percent of VSAC borrowers default on their loans, which are mostly guaranteed by the Federal Government, Pearce said, adding that both the Treasurer and the Governor have to approve any bond issue. VSAC, she said, had done “a tremendous job” despite “disruptions in the bond market,” and its bonds are highly rated.
A bit less highly than a few months ago, though. The rating for its bond insurer, Ambac Financial Group, was downgraded by Moody’s Investor Services on February 2. That means it will have to pay a higher interest rate. Ambac lost $2.4 billion in the third quarter of last year and is seeking $1 billion from the Federal TARP funds.
It does sound like disruptions in the market.
Then there’s that potential problem on the student end. In his statement, Little said VSAC would help collateralize its loans “by the steady increase in the equity of the bonds flowing from the principal and interest payments of the student loan borrowers.”
But suppose there aren’t as many of them. Here VSAC may run up against the newly energized Direct Student Lending program. Last year, according to an analysis of Education Department figures by researchers at the New America Foundation, 416 colleges and universities switched to the system in which students borrow directly from the federal government, without bothering with firms such as VSAC.
Even more are likely to switch to Direct Lending this year, according to Ben Miller of the Foundation, and part of the reason is politics. Direct Lending, he said, was a creation of the Clinton Administration, and it has more support among Democrats, including President Barack Obama, whose campaign pledged to “save taxpayers …billions by eliminating the more expensive private loan program.”
In an interview, Little said that conversion to Direct Lending “seems to ebb and flow,” and that the only college in Vermont using the program is Middlebury.
“UVM and the State Colleges were in the Direct lending program and came out,” he said. ” We find schools are looking now to customer service, knowing their students are getting good deals on cost of the loans and getting personal service. As long as we’re able to do that, we don’t think there’s a threat from the Direct lending program.
VSAC, with its large staff of counselors and loan officers, does seem to offer better service than, for instance, Sallie Mae, the largest of the for-profit student lenders. But Ben Miller said many colleges find it easier to deal with the government directly.
The Moral Guarantee bill, H 166, seems likely to pass. At last week’s meeting, Sen. Mark MacDonald, a Democrat from Williamstown, worried about approving the credit for VSAC without having an overall policy setting priorities in case other state-backed authorities, including UVM, the State Colleges, and the Telecommunications Authority sought similar guarantees. The committee chair, Democratic Sen. Ann Cummings of Montpelier, (who is on the VSAC Board of Directors) agreed and urged him to work up a policy.
The committee meets again on the bill tomorrow.





