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Posted on August 17, 2009August 31, 2018

Visteon Seeks to Cut Retiree Health Benefits

Visteon Corp. argued in bankruptcy court it needed to curtail health-care insurance for about 7,700 retirees and employees.


The parts supplier said August 14 it needed to reduce the benefits to save $31 million this year and $310 million long term. Visteon attorneys argued that despite drastic steps in recent years, such as slashing staff, the former Ford Motor Co. unit still needed the cuts to benefits to continue operating.


At the same time, the company has been seeking approval to begin an incentive program that could pay $30.1 million in bonuses to top managers.


A two-day hearing on the matter ended August 14.


“The court will thoroughly review the record,” said Sontchi at the close of the hearing.

One third of the affected retirees will be left without access to Medicare. Visteon’s attorney acknowledged the difficulty the move was causing.


“This is one of a lot of tough deals. There’s been a whole big ball of misery here. The goal is to try having something left to have some sort of venture to come out of this,” said Steven McCormick of Kirkland & Ellis, which represents the supplier.


“This is not just a hardship, but for some a death sentence,” said Susan Jennik of Kennedy, Jennik & Murray, who represented unions opposed to the cuts.


Those opposed to the cuts argued that employees and retirees paid for the benefits by accepting pay cuts in recent years.


The company did not seek to change health care coverage for its active staff, although some will have their potential retiree benefits trimmed.


Arguments centered around the company’s right to unilaterally amend benefit agreements. Sontchi said at one point he could see one “hypothetical” scenario in which a judge might deny the motion and have it resubmitted using different arguments.


Several retirees wrote to the judge to argue for continuing their benefits, and some even appeared in court.


“This would be a shame if you let them do their older workers this way and then probably give the executives bonuses for the job they have done in the past,” said one hand-written letter, signed “two Visteon retirees from Indiana with 68 years working.”


Visteon was spun off by Ford in 2000 and hasn’t recorded an annual profit since.


While the company sought to cut retiree benefits, it has also requested an incentive and severance program worth up to $80 million. That request will be heard at a later date.


The company believes they are both actions that have to be taken, said McCormick.


“These are actions that the company has to take to salvage this enterprise. That’s the goal.”


The incentive plan has been opposed by Ford, which has been funding the supplier’s bankruptcy.


As auto sales and production have plummeted 40 percent from peak levels of a few years ago, car makers and their suppliers have been forced to reorganize in bankruptcy court and many have sought to cut retiree benefits.


Delphi Corp., the former General Motors Co. unit that’s been operating under court protection for four years, won bankruptcy court approval to cut benefits for 15,000 employees in March. GM also sought to cut benefits for its 122,000 nonunion retirees and their dependents as part of its bankruptcy.


Visteon, of suburban Detroit, currently employs 31,900 worldwide and 5,769 in the United States.


Filed by Lindsay Chappell of Automotive News, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com


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Posted on August 13, 2009August 31, 2018

Proliance Pension Plans Taken Over by PBGC


The Pension Benefit Guaranty Corp. took over the three pension plans of Proliance International Inc., according to a news release.


The plans of Proliance, an auto parts manufacturer based in New Haven, Connecticut, were 54 percent funded, with assets of $20 million and liabilities of $37 million, according to the release from the PBGC. The agency expects to cover the entire $17 million shortfall, the PBGC release said.


Proliance and three of its U.S. subsidiaries filed for Chapter 11 bankruptcy protection on July 2. The plans were terminated August 12, the news release said.



Filed by Doug Halonen of Pensions & Investments, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


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Posted on August 6, 2009August 31, 2018

Exxon Mobil Pumps $3 Billion Into Pension Plans


Exxon Mobil Corp. contributed $3 billion to its pension plans in the quarter ended June 30 and plans to make an additional $600 million contribution by the end of the year, David Rosenthal, vice president-investor relations and secretary, said in a conference call concerning the company’s quarterly financial results.


The Irving, Texas-based company contributed $1 billion in the first quarter, ended March 31, and $4.6 billion in 2008, Rosenthal said in the transcript.


Exxon Mobil’s U.S. pension plans had $6.6 billion in assets and $11 billion in liabilities as of December 31, according to its 10-k.


Exxon Mobil spokesmen couldn’t be reached for comment.



Filed by Barry B. Burr of Pensions & Investments, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.



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Posted on August 6, 2009August 31, 2018

Employers Urge a Cautious Pace With Health Care Legislation

Employers want health care reform to reduce their health care costs, improve the health of their employees and help them become competitive in the global marketplace. They are moved by a sense of social responsibility and proud of the role they have played in providing health care to millions of Americans.


But alongside their hope there exists a real worry: that a complex restructuring of the health care industry could, in the end, increase employer costs.


A majority of employers are concerned about the magnitude and risk of health care reform. A recent survey of 329 U.S. employers, conducted by Mercer found that 67 percent would rather see health care reform phased in gradually than enacted all at once. As with implementing their own strategies, they support holding back on approving some reform elements because the associated costs are not known, the elements are less critical and the impact on overall health care spending is uncertain.


More than half of employers support prominent components of comprehensive health reform proposals, such as:


• Increasing incentives for health care quality and efficiency, including pay for performance and health care IT (92 percent believe it should be part of reform)


• Requiring insurers to offer individual coverage and eliminating exclusions (84 percent)


• Requiring individuals to obtain coverage (69 percent)


• Requiring health care plans to cover wellness and preventive medicine (82 percent)


• Introducing exchanges (74 percent)


Not surprisingly, though, a majority of employers oppose an employer mandate and loss of ERISA protection because it eliminates their control over cost and increases their administrative expense to cope with local mandates. They have seen how mandates have driven up the cost of fully insured coverage and they fear that adopting mandates would make coverage unaffordable.


Employers are not alone in their concerns. The Congressional Budget Office has also voiced concern about whether the current drafts of reform legislation could bend the cost curve up, not down.


So, what is an alternative approach? As a first step, we need to focus on how to reduce our collective cost and focus on improving outcomes. To do so requires some fundamental changes:


• Change payments from unit cost to bundled arrangements


• Require providers to participate in accountable care organizations and other patient-centered care management models such as medical homes


• Reward providers for continual improvement


• Increase the number of primary care physicians (to serve the spike in demand for primary care that health reform will create) by offering doctors incentives to practice primary care


Employer innovation
Employers have demonstrated their ability to spend health care dollars more effectively. Health reform should build on their innovations. This requires providing employers and other payers with access to credible data about provider performance and cost drivers.


Federal health care reform can help by requiring health care plans to adopt pay-for-performance approaches that reward physicians who improve the health of their patients based on cost-efficient use of resources and patient satisfaction.


Tougher individual mandates
Market reform and the individual mandate are linked. One can’t succeed without the other. Health care plans have already signaled their willingness to offer coverage and eliminate their exclusions. There are two threats to their ability to make that coverage affordable:


• One threat comes from locally mandated benefits. State and city legislators, unlike corporate benefit managers, treat health plan design with an open checkbook. Federal officials must create a national minimum benefit plan design that is affordable and that all health plans could adopt as an alternative to state mandates.


• The second threat comes from weak laws surrounding an individual mandate. We’ve seen from the recent experience with health reform in Massachusetts that many individuals are acting in their own self-interest and electing coverage for a short period and then dropping it when their need has passed. An individual mandate should not allow people to simply opt in and out of coverage.


Why employer control is better than a mandate
Employers’ resistance to a mandate forcing them to provide health benefits stems from concerns that they will lose their ability to control costs and provide consistent plans across geographies.


Any reform legislation should strengthen employer-sponsored efforts to improve workforce health and productivity by increasing incentives that help employers better understand employee health risks, increase participation in care management programs, and improve employee health through lifestyle improvements. Many employers have held back in doing more because of legal uncertainties around potential discriminatory treatment. Employers should have the freedom to actively engage their workforce in living healthier lives without fear of lawsuits.

Public plan
Surprisingly, given the hue and cry from employer groups, 67 percent of respondents in our survey supported the concept of a public plan. However, only 24 percent viewed it as a high priority.


One reason for skepticism is employers already absorb cost shifting created by government pricing. Both they and the federal government agree that fee-for-service payments to doctors and hospitals need to be based on outcomes, but, until then, the disparity between public and private payments needs to be closed.


Given the political and policy complexity of health care reform, it is unlikely that we’ll get all the pieces right immediately. Better that reform happen over time. Most employers gradually phase in their strategies. Their programs are not static. Making large-scale change happen all at once may be unrealistic.

Posted on August 4, 2009August 31, 2018

Bipartisan Health Care Reform Bill Deadline Set for September 15


A Senate panel has until September 15 to deliver a bipartisan health care overhaul package before Democratic leaders take steps to push a bill without broad Republican support, a senior member of the Finance Committee said.


Sen. Charles Schumer, D-New York and vice chairman of the Democratic Conference, said that the party has “contingencies in place” that would make it highly likely a bill could pass the Senate without GOP votes, but warned such mechanisms would be used as a “last resort.”


“Health care reform is just too important,” he said, adding that it can’t be left to “wither on the vine.”


Schumer said the deadline was set by Finance Committee Chairman Max Baucus, D-Montana, who has quarterbacked negotiations with a small team of five other senators, including three Republicans. One measure open to Democrats is a procedure known as “reconciliation,” which would shorten the period for debate and greatly restrict Republicans’ ability to offer amendments.


Schumer also provided details on a handful of items that will be included in the bill to drive down health care costs, such as provisions that would move providers away from fee-for-service to “bundled” payments, establish a system of value-based purchasing and create so-called “accountable care” organizations.


Such provisions enjoy bipartisan support, he said.


“No matter what happens, we’re going to enact health care reform by the end of the year,” Schumer said.



Filed by Matthew DoBias of Modern Healthcare, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.



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Posted on July 22, 2009August 31, 2018

Baucus Panel Making Headway on Health Care Reform Package


Senate Finance Committee Chairman Max Baucus, D-Montana, said that a bipartisan team of negotiators have locked down “two major issues” that will be part of the broad framework for health care reform, but he declined to provide details.


“We’re making significant headway,” Baucus told reporters. “I’m probably more upbeat and optimistic now compared to where we were earlier.”


Emerging from a closed-door meeting, Baucus said the group focused on insurance issues, including cost and coverage questions that have arisen over individual and employer mandates.


Meanwhile, the committee is searching for ways to bridge a $100 billion to $200 billion gap in financing the legislative package, which likely will cost about $1 trillion over the next decade.


Sen. Kent Conrad, D-North Dakota, said that several tax options are being considered, two of which would focus on the subsidies for health care coverage.


“One discussion has been having some levy applied to plans that are worth more than $25,000 a year,” he said, adding that only about 1 percent of plans would apply under that benchmark. “Another option is to have a levy on companies that issue those kinds of plans.”


The latter proposal would not directly affect the individual who has that type of coverage, Conrad said.


The group plans to meet throughout the day on Wednesday, July 22, to review policy and financing options.



Filed by Matthew DoBias of Modern Healthcare, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.



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Posted on July 22, 2009August 31, 2018

Obama Stays Out of San Francisco Health Care Spending Case


The Obama administration has not joined employers in seeking a Supreme Court review of a federal appeals court ruling that upheld San Francisco’s controversial health care spending law.


The administration let pass the July 10 deadline for friend-of-the-court briefs to be filed in the case.


In an e-mailed statement, the Labor Department said the government generally does not file unsolicited briefs at the petition stage.


“This does not mean the Department of Labor or the solicitor general has taken any position on the case. It just means that the government will see whether the Supreme Court asks for the government’s views or grants certiorari,” according to the statement.


However, only a year earlier, the Labor Department filed an amicus brief with the 9th U.S. Circuit Court of Appeals, arguing that the law is barred by a provision in the Employee Retirement Income Security Act that pre-empts state and local rules that relate to employee benefit plans.


“If this court were to uphold the city ordinance, it would expose plan sponsors to the potentially contradictory regimes of numerous states, cities and other localities, and it would require plan sponsors to design and administer ERISA-covered plans in accordance with the dictates of local officials,” the brief stated.


Such a result would “wholly undermine Congress’ evident intent to permit the uniform nationwide administration of employee benefit plans,” the brief concluded.


The brief was filed during the last full year of the Bush administration. Since then, President Obama has expressed support for the San Francisco law.


“Instead of talking about health care, mayors like Gavin Newsom in San Francisco have been ensuring that those in need receive it,” the president said during a February meeting with several dozen mayors.


“I hope that the administration’s failure to file a brief simply reflects its focus on national health reform instead of reduced support for ERISA pre-emption,” said Andy Anderson, partner-elect with Morgan, Lewis & Bockius in Chicago.


The Golden Gate Restaurant Association is challenging the law and several major employer benefits lobbying groups, including the American Benefits Council and the ERISA Industry Committee, have filed amicus briefs asking the high court to review the case and arguing that ERISA pre-empts the San Francisco law.


The San Francisco law that went into effect last year requires employers with at least 100 employees to make health care expenditures of $1.85 per hour for every employee working at least eight hours per week. For employers with 20 to 99 employees, the contribution is $1.23 per hour. Employers with fewer than 20 employees are exempt from the spending mandate.


Expenditures can include payment of group health insurance premiums as well as contributions to health savings accounts, health reimbursement arrangements or to a city fund.



Filed by Jerry Geisel of Business Insurance, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.



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Posted on July 21, 2009August 31, 2018

Costs of New York Health Care Reform Proposals Detailed


The New York governor’s office has released a key report that evaluates the cost and coverage implications of four health reform proposals.


The long-awaited report, written by the Urban Institute, was commissioned by New York state legislators to provide a road map to extending health coverage to the 16 percent of New York residents who are uninsured.


The report analyzed four choices: a single-payer option called Public Health Insurance for All; the New York Health Plus proposal by Assembly Health Committee Chairman Richard Gottfried; a public-private partnership that simplifies and expands existing public programs and reforms the commercial market; and the free-market Freedom Plan, which relies on regulatory flexibility and tax credits.


The report suggests that a single-payer option for New York might be one of the lowest-cost routes to universal coverage. A more incremental “building block” approach favored by New York Gov. David Paterson was not as economical.


Given the size of New York state and its large uninsured population, the report presents key data that officials from the Obama administration have eagerly awaited. Health care advocates said that there were good reasons why federal officials are said to have pressed New York state to release its overdue report.


“There are clearly important lessons New York has for the national conversation, and it is good this is out in time to be part of that debate,” said Elisabeth Benjamin, vice president of health initiatives at the Community Service Society of New York.


All New Yorkers would be covered by three of the proposals: Public Health Insurance for All, New York Health Plus and the public-private partnership. The Freedom Plan leaves 13.3 percent of New Yorkers uninsured, a small reduction from the current 15.8 percent uninsured.


Public health insurance programs, which currently cover 21.4 percent of the population, would continue to serve significant numbers of New Yorkers under all four proposals, ranging from 100 percent under Public Health Insurance for All to 21.7 percent under the Freedom Plan.


“The report shows how important publicly sponsored health coverage is for health care reform,” Gottfried said in a statement.


The Urban Institute analysis shows that government spending increases under all four plans: by 202 percent under the single-payer proposal (total $86.3 billion); 119 percent under New York Health Plus (total $62.5 billion); 25.3 percent under the public-private partnership model (total $35.8 billion); and 9.6 percent under the Freedom Plan (total $31.3 billion).


But the report also notes that a single-payer system achieves complete coverage with the lowest aggregate change in health care spending ($2.4 billion) and the greatest cost to government per newly insured ($21,287 annually).


The report notes that redistribution of health care spending is inherent in all health care reforms. Public Health Insurance for All and New York Health Plus would increase government spending while generating savings to individuals and employers.


Under the Public Health Insurance for All option, the state’s entire health care system would be funded through government spending.


Total government health care spending would increase by $57.7 billion. But employer spending on health care would be eliminated, saving employers $33.3 billion in aggregate. Individuals would save $22 billion.



Filed by Barbara Benson of Crain’s New York Business, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


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Posted on July 20, 2009August 31, 2018

iChicago Sun-Times-i Parent Suspends Pension Plan Payments


Sun-Times Media Group Inc. has skipped paying its quarterly contribution into several employee pension plans.


The parent of the Chicago Sun-Times and dozens of suburban Chicago-area newspapers, which filed for Chapter 11 bankruptcy protection on March 31, failed to make more than $800,000 in required payments to its five pension plans, according to documents obtained by Crain’s Chicago Business, a sister publication of Workforce Management.


The missed contributions, which were due April 15, include:


• $456,185 for a plan covering Chicago’s newsroom employees.
• $284,581 for a plan covering Chicago office employees.
• $63,063 for a plan covering Pioneer Newspaper employees in the suburbs.


A Sun-Times spokeswoman would not confirm those numbers. She also declined to provide figures for missed payments to the company’s two other pension plans.


Companies in bankruptcy proceedings are still required to make contributions to pension plans unless a waiver is obtained from the Internal Revenue Service, said a spokesman for the Pension Benefit Guaranty Corp.


Asked whether Sun-Times Media had made such a request, a company spokeswoman said, “We have complied with all applicable laws in connection with our failure to make pension contributions.”


It’s imperative that Sun-Times Media polish its financials if it’s to woo a buyer; suspending pension payments preserves cash and improves its balance sheet. The company has taken other steps, including layoffs and pay cuts.


Last month, the company reported the moves had succeeded in slowing its burn rate and that its cash balance stood at $25 million.


The missed pension plan payments are not related to the media company’s request to pay its executives hefty bonuses if they succeed in selling the company. Any executive bonuses would be paid with “proceeds from the sale,” the spokeswoman said, and “not one single penny” would come from money that could be used to fund daily operations.


The company is in talks with the IRS to resolve a tax bill of more than $500 million left over from its days of being run by Conrad Black, its now-imprisoned former CEO who was convicted of fraud charges last year.


At a bankruptcy court hearing last week, the Chicago-based media company tabled its proposal to pay executive bonuses until the company comes closer to finding a buyer. CEO Jeremy Halbreich told employees last week that he is making progress on that front, but he did not provide further details.



Filed by Ann Saphir and Lorene Yue of Crain’s Chicago Business, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


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Posted on July 14, 2009August 31, 2018

Pension Plan Execs Look to Reduce Expenses

Corporate pension executives now more than ever are hunting for ways to cut costs.


Faced with high fees from hedge funds, poor returns from traditional active managers and sharp declines in their defined benefit plans’ funded status, corporate executives are looking to squeeze fees, adopt passive strategies and close or freeze their plans.


In their search to reduce expenses, many are focusing on fees charged by hedge funds. Those fees start at 2 percent of assets and 20 percent of performance and can range up to 5 percent and 44 percent.


David Bauer, a partner with Casey, Quirk & Associates in, Darien, Connecticut, believes fees for many hedge funds will decline over the coming months to 1 percent of assets and 10 percent performance, the levels charged about six years ago.


“[Two-and-20 fees] became the norm and people were willing to swallow them in a bull market, but particularly now given the performance, not only do the levels not work, but the structure doesn’t work,” Bauer says. “I think you’re going to see more alignment around the actual performance over a longer period.” For example, hedge fund fees could be based on a three-year rolling period, he says. “It’s not a blanket ‘one structure fits all’ anymore,” he says.


Charles Gradante, co-founder of the Hennessee Group, a New York-based consultant to institutional investors on hedge fund allocations, says he has not yet seen hedge funds lowering their fees across the board. He says the Hennessee Hedge Fund Index was down 19.2percent in 2008, but he estimates 9 percent of the loss was due to extraordinary events in September and October, such as the temporary ban on short selling financial stocks.


Gradante says hedge funds were up 1.09 percent year to date by the end of March, beating the Dow Jones industrial average, which came in -13.03 percent, and the Standard & Poor’s 500 Index, at -11.67 percent.


“Eventually, the pressure to reduce fees will be offset by the performance of hedge funds. If hedge funds don’t go back to historic performance levels relative to the S&P 500, fees will likely decline rapidly.”


Some pension funds are focusing more on passive strategies.


In a newsletter, Robert Arnott, chairman and founder of Research Affiliates in Newport Beach, California, and John West, director, product specialist at the firm, wrote that in 2008 a passively implemented 60/40 stock/bond portfolio outperformed the same actively managed mix by 3.4 percentage points, before fees.


“In short, we believe investors will favor simplicity over complexity, lower fees over higher fees, liquidity over lockups and transparency over opacity,” Arnott and West wrote in the firm’s March newsletter.


A February survey by Mercer of fee data on 19,000 investment products estimates the median fees for passive equity strategies are 50 to 80 basis points lower than those charged for active strategies. Passive fixed-income managers charged the lowest fees, costing an estimated 10 to 30 basis points less than active fixed income.


Carter Lyons, managing director in the Americas institutional business at Barclays Global Investors, San Francisco, says he is seeing a significant increase in demand for index funds, although he declined to give statistics.


Lyons says he expects more reallocations and rebalancing in the second half of 2009. “Plans will make decisions in the first half, but will likely implement more in the second half,” he wrote in an e-mail.


Some experts believe pension funds are focusing more on revamping their asset allocation and risk structure, rather than cutting fees.


Rich Nuzum, president and global business leader for Mercer Investment Management in New York, says pension executives are focusing most of their time trying to develop a plan to “get them out of the [funding] hole and make sure it never happens again,” rather than trying to figure out how to reduce fees.


“Most plan sponsors wouldn’t mind an extra $100,000 in fees if it eliminates the chance of a loss of $100 million,” he says.


Nuzum says he’s seeing increased interest in fixed-income and U.S. large-cap equity strategies, and plan executives are giving “careful consideration” to indexing because of the underperformance of actively managed strategies. He says some plan sponsors are asking: “Should we pay fees for active management?”


“On fixed income they can see the spreads and the opportunities,” Nuzum says.


In addition, more companies are closing their plans to new employees as they figure out how to deal with unfunded liabilities and new requirements under the 2006 Pension Protection Act.


Judy Schub, managing director of the Committee on Investment of Employee Benefits Assets, an industry organization that represents large defined-benefit plans, says the CIEBA is lobbying Congress to postpone the PPA funding rules that give underfunded pension plans seven years to get their plans fully funded.


That requirement went into effect January 1, but Schub is pushing to move the start date for the new amortization schedule to 2011. Plans would have to pay interest on their losses between now and 2011 under CIEBA’s proposal, she says.


“People will still have funding obligations, they just won’t have the very dramatically increased funding obligations,” Schub says.


“Along with others, we are talking to Congress about urgency of moving forward with some temporary relief,” she says. “We have an emergency situation with the rapid decline in asset values and interest rates. Forcing plan fund sponsors to take money they would use for employment or capital investment and forcing them to put it in the pensions is not a smart thing to do during a recession.”


Mike Archer, chief actuary at Towers Perrin, says a new survey of 480 North American companies has found that 44 percent have closed their plans to new participants, 3 percent intend to close their plans to new employees in 2009 or 2010, 10 percent are considering closing plans to new participants, and 43 percent have no changes in the works. Archer says that in 2002, 76 percent of employers had open DB plans, but that percentage had dropped to 51 percent by 2007.


Archer says he doesn’t expect a lot of terminations over the next couple of years, largely because many plans dropped below 100 percent funded over the last several months, and pension plans must be fully funded to terminate or be in dire straits to get a distressed termination status by the Pension Benefit Guaranty Corp.


The Pension Protection Act also set in motion a change in how minimum lump-sum payments are calculated. Prior to the PPA, the payments were determined using a specific mortality table and 30-year constant maturity Treasury bonds that yield around 3.5 percent. The new interest rate basis under the PPA relies on high-quality corporate bonds that fetch 6.5 to 7 percent.


As such, Archer says that because plan sponsors often offer participants lump-sum distributions when ending plans, pension executives are likely to wait to terminate plans until they move to the new rate.“Over time, the gradual [five-year] move to the corporate bond yield basis increases the interest rate basis for lump sums, and therefore reduces the amount of lump sums payable,” Archer says. “Hence, if a sponsor is going to issue lump sums on plan termination, all other things being equal, the cost of the plan termination will decrease as the corporate bond basis is phased in.”


He notes that the cost of plan termination can increase if interest rates move down, even during the transition period.


“There are also a lot of administrative costs in terminating a plan; it’s a long, arduous process,” Archer says. “That’s another reason employers have frozen plans … and haven’t terminated.”


And so the hunt goes on.

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