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The private employer-sponsored defined benefit plan has had a good run of it, supporting two generations well in its goal of providing economic security  for retirees.  But the last 10 years have seen gradual though substantial decline in the number of employers sponsoring these plans, and in the percentage of employees being covered by these plans-now somewhere well south of 19% of the workforce is covered.The economic collapse has exacerbated the problem even further by exposing the weaknesses of the system, as the remaining DB plans are seeking funding relief from Congress.

You can find many sound opinions which attempt to explain this demise, from over-regulation, to difficult statutory schemes,  to the allure of defined contribution plans. If you step back, though, you can see that all of the reasons for the demise have a central theme: private employers are structurally ill-suited to bear the lifetime risk associated with providing this kind of benefit.

Think about it. Private business can, and indeed some must, fail. These companies  grow, expand and, ultimately either fail or need to be exposed to the risk of failure. There is a lot of conversation at the policy level about the evils inherent in having companies that are "too big to fail."  So what is the sense, then, to rely upon companies that we structurally need to fail from time to time to be responsible for funding a lifetime risk of their employees? One may claim that this is the function of the PBGC, but the PBGC doesn't specifically reserve for risks undertaken by plans. Its reserving system is ad hoc, at best.

Taking a close look at the current DB funding rules, you can see that they really require employers to have, or buy, sophisticated actuarial and investment expertise that you will only normally find in a regulated financial institution. We are, in effect, demanding our manufacturing base to become experts at insurance.

These employers are also seeing the changing nature of their workforce and retiree population, and they find that the DB Plan is unable to meet employee and retiree demands. DB Plans are, for the most part, proverbial “one trick ponies,” whose inflexibility has limited their usefulness in the current marketplace.

I have blogged on popular new annuity products in the marketplace, many of which are reliant upon sophisticated hedging strategies.  These innovative annuity products include features well beyond anything that could be offered in a traditional DB plan. These includes features like (but not limited to) the elective, periodic purchase of a pension guarantee with each payroll; the ability to access cash balances with minimum penalties; equity participation which will raise or lower the lifetime income guarantees; guaranteed minimum withdrawal benefits; guaranteed minimum income benefits with equity participation; and variable annuitization.  Employers who sponsor DB Plans are not in the business of developing and providing these sophisticated guarantees to meet changing employee and market needs. Additionally, plan sponsors generally have limited skills in even maintaining traditional DB benefits, much less having the resources to provide a wide variety of lifetime payout benefits which can adapt to change. They are also severely restricted by a regulatory scheme which discourages innovation. 

What is the answer? Most will agree that the former insurance schemes are sorely inadequate: inflexibility in pricing, little transparency, little portability, and irresponsible acting in some quarters has fueled the current economic mess. What the insurance industry DOES have is the necessary skills and regulatory scheme to guarantee and manage the solvency risks inherent  in guaranteeing life time income.  

Mark Iwry and Phylis Borzi both have recently noted noted their commitment (and cooperation) to providing a sensible regulatory scheme for providing annuitization from defined contribution plans, which will rely upon transparency, simplicity, relevancy and portability. To make this really work, we will need legislative relief as well, in such things as providing a "double 415" limit in such plans in order to provide the same sort of tax benefit which is available for sponsors of DB plans.

Should the insurance industry be able to answer this call, we may be able to finally have a sensible approach to providing retirement income from employer sponsored retirement plans.

 

For further discussion on this matter, see this link. 

 

 

Any discussion on any tax issue addressed in this blog (including any attachments or links) is not intended to be used, and cannot be used, for purposes of avoiding penalties imposed under the United States Internal Revenue Code or promoting, marketing or recommending to another person any transaction or tax-related position addressed therein. Further, nothing contained herein is intended to provide legal advice, nor to create an attorney client relationship with any party.  

 

 

 

 

 

ERISA and Mom

ERISA really did create some fundamental changes that has broad personal affect. This reposting of a blog I wrote last year provides a good Mother's Day reminder of the importance of the work we do:

 

ERISA wonks such as ourselves tend to get lost in the press of details which seem to flow non-stop from our regulators and legislators in D.C.  It is sometimes helpful to step back and see the personal impact of the things we do.

A few years back, a good friend of mine who ran the retirement plan operations of a large insurance company asked me to speak about ERISA to a meeting of his administrative processing staff. At the time, they were still struggling with some of the more difficult administrative processes related to the QJSA and QPSA rules. Here's what I told them:

My father died at Ford's Rouge Plant in 1970, after 20 years with the company. Back then, the normal form of benefit under a defined benefit plan was a single life annuity, covering the life of only the employee.  There was no such thing yet as a qualified joint and survivor annuity or a qualified pre-retirement survivor's annuity.  This meant that my father's pension died with him. My mother was the typical stay-at-home mother of the period who was depending on that pension benefit for the future, but was left with nothing. With my father's wages topping at $13,000 annually and five kids at home, there was also little chance to accumulate savings.

The Retirement Equity Act of 1984 (a copy of which I still keep in my office) was designed to change all of that. By implementing the requirement of a spousal survivor annuity, a whole class of non-working spouses received protection which was desperately needed.  So in that speech to my friend's administrative staff, I asked them to take a broader view-if just for a moment- of the important task they were being asked to implement. It was valuable social policy with real, human effect which they were responsible for pulling off, and they should take a measure of pride in the work they were doing.

Things have evolved much over the years, and some of those same rules which provided such valuable protection have become the matter of great policy discussions centering on whether they are appropriately designed, and whether they can be modified in a way to accommodate new benefits like guaranteed lifetime income from defined contribution plans. But the point is that Congress sometimes gets it right, and there is very valuable social benefit often hidden in the day to day  "grunge" of administering what often seems to be silly rules.


Mom, by the way, is still alive and doing well.