PLAN OF ADJUSTMENT:
The proposed Plan of Adjustment provides a framework for Puerto Rico to exit bankruptcy and restore access to capital markets. The fiscal crisis has caused every resident of Puerto Rico pain and is blocking any chance of a true economic recovery.
Leaving bankruptcy behind is the first step to enable Puerto Rico to recover, grow, and prosper again. The Plan of Adjustment would bring an end to Puerto Rico’s fiscal and financial uncertainty.
Reduce Puerto Rico's debt to sustainable levels
Terms of the Plan of Adjustment
PROMESA gave the Oversight Board authority to restructure Puerto Rico’s debt. The Plan of Adjustment filed with the U.S. District Court for the District of Puerto Rico, which has jurisdiction over PROMESA, provides a framework to restructure some $35 billion of liabilities (bonds and other claims) and $50 billion of unfunded pension liabilities and reduces Puerto Rico’s debt to sustainable levels.
The proposed Plan of Adjustment restructures Commonwealth claims, including:
The Oversight Board reached agreements with retirees, certain bondholders, and public service employees who support the Plan as a compromise to lift Puerto Rico out of bankruptcy.
Puerto Rico’s Central Government has about $14 billion of general obligation (GO) bonds and direct obligations outstanding and $5 billion of other guaranteed debt.
Retail bondholders given opportunity to elect taxable bonds with monthly interest payments
Settlement proposal for holders of GO bonds and Commonwealth guaranteed claims offers reduction of approximately 30%
Employee Retirement System Bonds
The Employees Retirement System (ERS) is a trust established to provide pension and other benefits to retired employees of the Government, most of the public corporations and the municipalities. ERS has approximately about $3.2 billion of bond debt outstanding.
reduction of 87% for holders of ers bonds
Reduction of 23% for holders of PBA Bonds
When PROMESA was enacted in 2016, it allowed the Puerto Rico Government and its instrumentalities, like PREPA, to stop all debt payments to allow for the restructuring of the debt.That stay was replaced by the automatic stay under the Bankruptcy Code when the relevant entities commenced their respective Title III cases under PROMESA, and Puerto Rico has not made most of its debt payments since.The stay will eventually be lifted and without the restructuring, Puerto Rico would be legally obligated to pay the full debt unless a Plan of Adjustment is approved by the court.
For the U.S. District Court to confirm the proposed Plan of Adjustment, the Plan must be feasible and in the best interest of creditors.
To determine whether the Plan is in the best interest of creditors, the Court is charged with considering whether available remedies under Puerto Rico law would result in greater recovery to the creditors.
The debt payments need to be feasible for Puerto Rico. That means the Government’s income and expense projections that are the basis for how the Oversight Board determined the payments to creditors have to be realistic and attainable.