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Require plans to make up shortfalls in a reasonable period.Provideemployers with the opportunity to make additional tax-deductiblecontributions in good times, when plans are fully funded.
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Apply reasonable restrictions on new benefit promises and lump sumpayments of plans that are severely underfunded.
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Improving disclosure to workers, investors and regulators about pensionplan status.
Workers need to have good information about the funding status of their pension plans to make informed decisions about their retirement needs andfinancial futures. Similarly, investors and regulators need timely informationabout the status of pension plans to evaluate plan sponsors’ financial obligationsand to ensure compliance with the law. The proposal would:
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Improve disclosure of plan funding status and funding trends.
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Make publicly available certain information filed with the PBGC byunderfunded plans.
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Provide for more timely reporting of information in plan annual reports.
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Reforming premiums to better reflect a plan’s risk and restoring the PBGCto financial health.
Under the current premium structure the PBGC will not haveenough resources to meet its obligations. Worse, the current premium structureencourages irresponsible behavior by not reflecting a plan’s true level of risk. Inaddition, plan sponsor bankruptcies and plant shutdown benefits increase planterminations and impose unreasonable costs on the PBGC. The proposal would:
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Immediately increase the flat per-participant premium from $19 to $30and index it thereafter.
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Charge a risk-based premium based on the gap between a plan’s fundingtarget under the Administration’s funding reform proposal and its assets.
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Enable the PBGC Board to adjust the risk-based premium to a level thatimproves the PBGC’s financial position in a reasonable amount of time.
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Freeze the PBGC guarantee limit when a company enters bankruptcy andallow creation of liens, and perfection by the PBGC in bankruptcy formissed required pension contributions.
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Prohibit shutdown benefits under pension plans and eliminate theguarantee of shutdown benefits.
While changes in the current law funding rules may also be needed for multiemployerpension plans, there are other factors involved that relate to the funded status of multiemployer plans. The funding rules applicable to multiemployer plans are not beingaddressed at this time.2
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