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Posted on September 16, 2008June 27, 2018

Lawsuit Side Effect A Bad Reputation

The seven-, eight- and even nine-figure jury awards and settlements paid out by employers in lunch-break-related wage and hour lawsuits are only one part of the cost, experts warn.


They say highly publicized allegations of employee mistreatment can tarnish a company’s reputation with consumers, damage its employment brand and diminish the company’s value in the eyes of investors.


“The reputational risk is real,” says Tim Smith, senior vice president of Walden Asset Management, a Boston-based firm that specializes in sustainable, socially responsible investments. “A company that doesn’t deal with the public directly isn’t as vulnerable, but for a consumer-
oriented outfit like a big retailer, these sorts of charges can be troubling.”


Some of the consumer-brand damage may be self-inflicted; experts say that employees unhappy over what they perceive as unfair treatment are less likely to provide good customer service. “That ill feeling becomes part of your image,” says labor law attorney Reuben Guttman, who is representing meatpacking plant workers in a wage and hour suit against Tyson Foods.



“In the old way of thinking, employees were viewed as an expense. … But today, sustainable investors are seeing that as shortsighted and problematic.”
—Tim Smith, senior vice president, Walden Asset Management

Wage and hour lawsuits can cripple talent acquisition as well, says recruiting and HR consultant Peter Weddle, publisher of the Weddle’s guides to employment-related Web sites.


“Some think your employment brand is a jingle or a slogan or a formal branding statement, but what’s equally important is what people say about an organization and what it’s like to work there,” he says. “It’s absolutely guaranteed that one of these situations will degrade the employment brand, because it says something negative to potential hires about the leadership values and priorities of an organization.”


Increasingly, investors are tuned in to such disputes and what they reveal about corporate governance, Smith says.


“More and more, they look at ESG [ethics, sustainability and governance] issues as part of fiduciary responsibility,” he explains. “In the old way of thinking, employees were viewed as an expense, something you try to get as much work out of for as little money as possible. Companies might have assumed that investors wanted them to squeeze workers. But today, sustainable investors are seeing that as shortsighted and problematic.


“They want companies that see the workforce as a resource, as an asset on the balance sheet rather than a cost.”


Workforce Management, September 8, 2008, p. 46 — Subscribe Now!

Posted on September 16, 2008June 27, 2018

Establishing a Culture of Compliance

Creating training and documentation systems is a crucial part of staying within the legal requirements regarding lunch breaks. But experts say it’s equally important to convince people throughout the organization that compliance is an important part of achieving the corporate mission, rather than a hindrance to it.


“A lot of managers have heard over and over again that productivity is paramount,” says Chris Bauer, a Nashville, Tennessee-based psychologist and consultant who focuses on the impact of ethics upon organizations. “You can train them about wage and hour rules, but if they still think deep down that the bottom line supersedes everything else, your impact is going to be limited.”


He adds: “I talk to a lot of managers and executives who see wage and hour mandates as annoying suggestions, rather than something that must be followed. It’s not entirely unlike the way that people talk about EEOC mandates. There’s generally a lack of respect for these laws.”



“You can train [managers] about wage and hour rules, but if they still think … that the bottoms line superseded everything else, your impact is going to be limited.”
—Chris Bauer, psychologist and consultant

Rather than relying strictly on the human resources department or online training programs, Bauer recommends enlisting trusted leaders throughout the organization both to disseminate technical information about compliance and to sell others on its importance. “If there’s a lack of trust in the messenger, the implementation will suffer,” he explains.


Bauer says it’s also crucial to augment training sessions with face-to-face follow-up. “There are some very good online courses,” he says. “But I know of too many places where there’s an answer key to the online test that circulates around. You really need to have someone on the ground, talking with managers and employees and asking some blunt questions about their understanding of what they do regarding wage and hour requirements—and just as important, why they do it.


“You need to get frontline managers and workers to believe that we all have some power to change things, at whatever level we’re at. That’s how you accomplish change.”


Workforce Management, September 8, 2008, p. 44 — Subscribe Now!

Posted on September 16, 2008June 27, 2018

Best Practices for Preparing the Next Generation

}Encourage members of the younger generation to earn their stripes outside the family business. This can help build confidence in the younger generation—and in the workers the younger generation is expected to manage.

}Use an outside advisory board or board of directors made up of nonfamily members. The best boards include successful businesspeople or financial experts who can give impartial advice.

}Don’t underestimate the value of family members who aren’t active in the business in easing transitions or integrating younger family members into the business. Social engineering can be an important part of creating a functional family and business unit.

}Consider drafting a family charter. Setting ground rules during a calm spell can provide a touchstone when things get hectic. It also can help family and nonfamily employees feel they’ve been treated fairly.

}Consider nonfamily employees—ringing in the younger generation shouldn’t be done in a way that will alienate long-term senior employees.

Sources: Alan S. Schwartz, vice chairman of the board of directors and partner at Detroit-based Honigman Miller Schwartz and Cohn; and Phil Bahr, managing principal of Troy, Michigan-based CPA firm The Rehmann Group

Posted on September 15, 2008June 27, 2018

BofA Announces Deal for Merrill Lynch; Lehman Teeters

In a breathtaking day that saw the map of U.S. finance dramatically redrawn, Lehman Brothers Holdings Inc. teetered toward collapse while Merrill Lynch raced into the arms of Bank of America and reportedly agreed to be acquired for $50 billion.



What was merely a quiet, unseasonably hot Sunday for most New Yorkers will be long remembered on Wall Street as one of the industry’s most astonishing days. The repercussions of the day’s events will be felt in New York and throughout its financial services industry for years to come.



In the early hours of Monday, September 15, Lehman Brothers said it was planning to file for bankruptcy under Chapter 11, and Bank of America announced that it was planning to buy Merrill Lynch.



Though both Lehman and Merrill had prized their independence for many decades, they were done in by the credit crisis that left them stuck with billions of dollars in toxic mortgages stuck on their books.



Topping off the drama, insurer American International Group was planning to reveal a dramatic restructuring plan that would involve shedding billions in assets.



The news was by far most dire at Lehman, a proud name that traces its roots on Wall Street to the 1850s, making it older than Goldman Sachs or any other major brokerage firm.



Talks with Bank of America or Barclays to acquire the ailing investment bank fell apart on Sunday afternoon, apparently because those two institutions wanted government guarantees that were not forthcoming to protect them against losses in Lehman’s mortgage portfolio.



Many Wall Street firms called their traders back to work on Sunday afternoon to try to unwind their complex derivatives transactions with Lehman. A special trading session was held, the International Swaps and Derivatives Association said, to help market participants “reduce their market risk associated with a potential Lehman Brothers Holdings Inc. bankruptcy filing.”



The next step for Lehman appears to be bankruptcy and liquidation. It would be by far the largest such failure in Wall Street history, exponentially larger than the 1990 collapse of Drexel Burnham Lambert. Most, if not all, of Lehman’s 25,000 employees would figure to lose their jobs in such a scenario.



Bank of America, after deciding it wanted no part of Lehman, turned its eyes to Merrill Lynch and a deal was quickly struck Sunday evening, September 14, according to The Wall Street Journal. Merrill has been socked with tens of billions in losses during the credit crisis, though its sales force of about 17,000 retail brokers remains a valuable asset.



Still, the abrupt sale of Merrill is a stiff blow to the reputation of chief executive John Thain, a former top Goldman Sachs and New York Stock Exchange executive who was brought in late last year with a reputation as “Mr. Fixit.”



Under Thain’s watch, Merrill suffered billions in painful write-downs and it recently agreed to sell billions of mortgage-related assets at a steep loss. But the firm still had significant mortgage exposures, and when Lehman’s stock plunged by 77 percent last week, Merrill was also hit hard and Thain evidently had no more cards to play. The sale to BofA would end 94 years of independence for Merrill.



It isn’t clear how many of Merrill’s 60,000 employees stand to lose their jobs, but there doesn’t appear to be a great deal of overlap between Merrill and BofA, a giant commercial bank that for years has struggled to build a significant business on Wall Street.



Finally, AIG, which has also suffered tens of billions in mortgage-related losses, is preparing to sell its enormous aircraft-leasing business, according to The Wall Street Journal, in addition to some insurance-related assets.



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



Workforce Management‘s online news feed is now available via Twitter.

Posted on September 15, 2008June 27, 2018

Despite Financial Meltdown, Financial Firms Urged to Continue Campus Recruiting

In the wake of Lehman Brothers’ collapse, campus recruiting is probably the last thing on the minds of executives at financial services companies.


But shelving such recruiting activities might put these firms at a severe disadvantage when markets pick up again, consultants warn.


The announcement on Monday, September 15, that Lehman, which has 25,000 employees, was filing for bankruptcy is the latest in what seems to be an ongoing unraveling of several financial services firms, which now include Bear Stearns, Fannie Mae and Freddie Mac. At press time, insurance giant American International Group was also discussing  a restructuring.


This string of events has executives at financial services companies hunkered down figuring out how they can survive. Recruiting is probably the last thing on their minds, said Rick Smith, senior vice president of Sibson Consulting.


“This is the Katrina of Wall Street,” he said. “There isn’t going to be a lot of hiring for a while.”


But just because companies might be freezing their hiring efforts doesn’t mean they shouldn’t continue attending campus recruiting events, Smith said.


“Financial services companies should still get out there and say, ‘We may not be hiring right now, but maybe in a few months,’ ” Smith said. “They want prospects to remember that when things were tough, they were still nice to them. ”


If these firms completely scale back their campus recruiting, they risk losing the top MBA prospects to other industries, experts say. “The consulting industry might do well tapping this talent,” he said.


Given the uncertainty and the lack of job openings, many MBA graduates may turn to the Big Four consulting firms, including PricewaterhouseCoopers and Deloitte, for jobs, said Alan Johnson, a compensation consultant in New York.


Companies that do consulting for financial services may also look to recruit these MBA graduates, Smith said.


“We may even want to look at some of these kids,” he said.

Companies such as Goldman Sachs and Morgan Stanley, which have so far remained unscathed by the crisis on Wall Street, are likely using this time to recruit more experienced employees from the likes of Lehman and Merrill Lynch, consultants say.


“They are definitely picking the cherries out of the pie,” said William J. Morin, chairman and CEO of WJM Associates, a New York organizational consulting firm.


“If these firms are smart, they will spend a similar amount of time reaching out to the top MBA students with their recruiting activities,” he said.


Financial services firms need to remember that for many young MBA students and recent graduates, this is the first major crisis on Wall Street that they have seen, Smith said. It’s up to recruiters to reassure them, he said.


“I have been in this business for 25 years and have lived through two recessions and a number of market crashes,” Smith said.


Although there might not be work in the industry the next six months, Smith and others believe that it will pick up again next year.


“This will pass,” Smith said. “It always does, and Wall Street will come back as strong as ever.”


—Jessica Marquez


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Posted on September 15, 2008June 27, 2018

Nissan Workers in Tennessee Take Buyouts

Nissan North America reports that its offer to buy out 1,200 of its Tennessee factory workers with lump-sum payments up to $125,000 has proved popular.


As the buyout deadline passed on Friday, September 12, the company declined to say how many of the 6,600 workers at two Tennessee plants have taken the buyout, saying that the paperwork was still being tabulated. Workers have three weeks to change their minds.


The company said in July that it had about 1,200 more technicians than it needed at its 25-year-old Smyrna, Tennessee, vehicle-assembly plant and its engine plant in Decherd, Tennessee. Not all of the 6,600 employees are eligible for the buyout.


Nissan offered a lump-sum payment of $100,000 or $125,000, depending on tenure, plus a year of health coverage and a car-purchase discount. Another buyout program is planned for 2009, and still another for 2010, although the benefits will be reduced in those years, the company said in July.


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


Workforce Management‘s online news feed is now available via Twitter.

Posted on September 13, 2008June 27, 2018

The Workplace Agenda Presidential Prescriptions

Sens. Barack Obama and John McCain face a paradox in their presidential campaigns: How do you simultaneously increase the number of people who receive health insurance while lowering the health care costs that threaten to bankrupt Medicare, send jobs overseas and upend the economy?

    Using decidedly different means that reflect the ideological leanings of their political parties, Republican hopeful McCain and Democratic nominee Obama believe their health care policy proposals will strengthen the employer-based system by reducing the number of uninsured Americans. While the candidates’ plans share common goals, each has policies that could make it more costly for employers to provide health insurance.


    McCain says he will focus on refundable tax credits to make health insurance more affordable, reducing the number of uninsured Americans. Obama, meanwhile, wants to reduce the number of uninsured Americans, which will cut wasteful and unnecessary spending, thereby lowering costs.


    Yet both plans could siphon healthy employees away from employer plans, leaving companies with a higher percentage of sicker, costlier enrollees who would drive up costs.


    Whether in the long run either candidate’s plan would sustain an employer-based system is “questionable,” says Steven Wojcik, vice president for public policy at the National Business Group on Health in Washington.


    Employers, who tend to be more reactive than proactive, are hoping that whatever the outcome in the November presidential election, a new national health care policy will end the uncertainty they seem to feel every election cycle.


    “We don’t want to be going through this again four years from now,” says Andy Rosa, director of health and welfare benefits at Comcast in Philadelphia.


Employers and the McCain plan
    If elected president, McCain says he would tax the value of an employee’s health care plan while offering tax credits—$2,500 for individuals and $5,000 for families—to offset the tax increase. The rationale, says McCain health policy advisor Jay Khosla, is to provide a tax incentive for people without employer-sponsored health insurance to purchase it on their own. The McCain campaign estimates the tax credit will help 20 million to 30 million uninsured people purchase insurance. The Tax Policy Center of the Urban Institute and the Brookings Institution says that the number of uninsured would drop by 1 million in 2009 and by 5 million by 2013.


    But in the eyes of many experts, McCain’s plan could provide an economic incentive for the young and healthy to leave employer coverage for the individual market, where they could reduce their tax liability by finding cheaper health insurance. This “adverse selection” could leave employers to cover sicker, older and more expensive workers.


    Speaking to health benefits managers from McDonald’s, Com¬cast, Kraft, DuPont and others at an event for employers in Chicago this summer, Khosla summarized the philosophy behind the Arizona senator’s health policy.


    “I think Sen. McCain’s vision for health care can be described as three small phrases,” he said. “It’s your life, it’s your health, it’s your decision.”


    Khosla described McCain’s emphasis on the consumer.


    “Insurance should follow you, not follow your job,” Khosla told employers. He said the tax credit would create an incentive for individuals and families to buy health insurance on their own rather than through their employer.


    Employers would not see their taxes rise, but employees would. The McCain campaign says the tax credit would completely offset the increase in taxes. It would also encourage the use of health savings accounts.


    “You can only keep the change if you add an HSA account,” says campaign spokesman Taylor Griffin.


    For example, the average cost of a family plan, according to the Kaiser Family Foundation, was $12,106 in 2007. Taxed at the highest tax rate of 35 percent, a family could expect to pay $4,237 in extra taxes. The tax refund of $5,000 would offset that amount. The remaining $763 would go into a health savings account.


    Health care policy experts say, however, that these tax credits for individuals and families could encourage the young and healthy to find bare-minimum catastrophic plans with an HSA and forgo employer-sponsored coverage. Experts say this worries employers, who fear that young and healthy employees will leave their health plans if they think they can get cheaper, more appropriate insurance elsewhere.


    “What employers would be left with would be people who use the most health care,” says James P. Gelfand, senior manager for health policy at the U.S. Chamber of Commerce. “And their premiums would go up quite a bit and their health plan would be more expensive.”


    Another option would be for employers to offer plans that covered less, thereby reducing the tax liability of the premium. Still, the McCain tax plan could be “the beginning of the end of employment-based coverage as we know it,” says Paul Fronstin, director of the health research and education program of the Employee Benefit Research Institute in Washington.


    The tax credit may also heighten concerns among fiscal conservatives. The federal exclusion from income and payroll taxes for investments in employer-sponsored health care cost the Treasury


    $200 billion in lost revenue in 2007, according to the Congressional Budget Office.


    McCain, whose tax cuts would further reduce that revenue, says he would pay for the tax cuts by reducing spending elsewhere. McCain would balance the federal budget by 2013 and “freeze spending on all nonmilitary discretionary spending for one year,” Griffin says, while also reducing or eliminating subsidies for agribusiness and oil companies.


Employers and the Obama plan
    By contrast to McCain’s approach, Obama would create a national health plan and a health insurance exchange in which private plans would be available only to people who have no access to group coverage. Employers who do not offer “meaningful” coverage or make a “meaningful” contribution to the cost of their plan would be required to pay a percentage based on their payroll to help fund national health care.


    Speaking to employers in July, Obama health care advisor Michael Millenson said the Illinois senator would “guarantee health coverage for all Americans” by building on the existing system.


    Many health care economists believe Obama’s plan would do more to cover the uninsured. The Obama campaign says his plan will eventually cover all but 2 percent of the uninsured, or about 46 million people. The Tax Policy Center of the Urban Institute and the Brookings Institution says the number of uninsured would drop by 18 million in 2009 and 34 million by 2018. Millenson said Obama would save employers money because they would no longer have to “cross-subsidize” the cost of caring for those without health insurance. Millenson said Obama’s public plan would have the following features: No one would be turned away for having a pre-existing condition; premiums, co-pays and deductibles would be “affordable”; insurance would be independent of one’s employer; and benefits would be similar to those offered to members of Congress.


    The plan would be available to Americans who do not have employer coverage and are not eligible for Medicaid, the health insurance for the poor and disabled, or for the State Children’s Health Insurance Program.


    Some observers worry that individuals will leave employer plans for cheaper public plans, which would make employers look as if they were not doing enough to provide affordable and comprehensive health benefits to employees.


    And what constitutes a “meaningful contribution” to “meaningful coverage” has not yet been determined. The Obama campaign also hasn’t specified what size companies would be forced to pay or play.


    “The devil is in the details, and there just isn’t enough detail,” Fronstin says. Still, he believes that a law requiring employers to provide health care or pay into a health care system won’t keep employers from offering health coverage.


    How much such an expansion in government would cost and whether it would produce anticipated savings remains to be seen. Obama advisors say that by insuring all Americans, each family would save $2,500 a year. They estimate the program’s cost to be $50 billion to $60 billion a year, paid for by letting President Bush’s tax cuts expire in 2010 for people making more than $250,000 a year.


    The centerpiece of Obama’s plan is what he calls the National Health Insurance Exchange. The exchange would set standards defining what constitutes “meaningful coverage” and would be the place where people could enroll in the national plan or purchase a vetted private plan offered by health insurance companies. The exchange would make “the differences among the plans, including cost of ser¬vices, transparent,” according to the campaign’s published platform. In theory, the private plans would have to be competitive with the public plan in order to attract members.


    The looming threat to employers in an Obama-style health plan is a phenomenon that health care analysts call “crowd out.” This unintended consequence occurs when laws create incentives for employers to drop coverage. This can happen when government expands the eligibility for public health programs to the point at which people choose to leave private insurance for cheaper public programs. Crowd out is also a risk when a fine that employers would have to pay for not providing coverage is so low that employers would rather pay it than offer coverage.


    “We believe crowd out is a gateway to increased taxes and an employer mandate,” says Gelfand, of the U.S. Chamber of Commerce. “When employees are not covered by their employer, the government believes the employer is not spending enough on employees and seeks to alleviate that.”


    In a worst-case scenario, crowd out could lead to the same problem that critics see in McCain’s plan: employers unable or unwilling to provide health care to a limited number of sicker employees.


    The Obama plan has a clear precedent in a current system in Massachusetts. In 2006, the state passed a universal health care law requiring individuals to purchase health insurance. A new public plan was created to subsidize the coverage for lower-income workers. Employers that do not offer a plan and contribute to the cost of insurance for employees are required to pay $295 a year per employee into the public plan.


    Researchers have concluded that the Massachusetts program has enjoyed the support of employers, with few signs of crowd out among small employers, the group least likely to offer health insurance.


    In a February article in the journal Health Affairs, the authors wrote, “Small Massachusetts firms are no more likely than firms nationally to consider dropping coverage or restricting eligibility in the next year, and the percentage of firms planning to do so is very small [3 percent and 5 percent, respectively].”


Common Ground
    Despite the differences, both campaigns acknowledge common policy ground. Both candidates highlight the need for price and quality transparency as a way to make health care spending more efficient. The campaigns also say they want to pay doctors based on their effectiveness as caregivers, rather than simply for the services they provide regardless of whether they are appropriate or improve a person’s health.


    Both candidates say they will invest in wellness and prevention. McCain would likely focus on expanding coverage of preventive care with high-deductible plans, health care experts predict. Both McCain and Obama have said they would attempt to increase reimbursement for doctors who successfully implement disease management programs. Both would invest in creating a health information technology infrastructure, though only Obama has said specifically that he would invest $50 billion in health IT over five years.


    Both talk about reforming medical malpractice laws, a traditionally Republican cause that has been highly polarizing in past elections.


    And both candidates talk about investing more money in reimporting drugs from cheaper markets and in reinsurance programs that would cover the most catastrophic health care cases, ultimately defraying the cost of health insurance for small employers and individuals with pre-existing conditions.


Election is only the beginning of reform
    Changing the American health care system—the most expensive per capita in the world and one that leaves as many as 46 million uninsured—will take more than platforms and campaign promises. Just because Obama has pledged to insure all Americans by the end of his first term doesn’t mean that will happen. Just ask President Clinton, who, in 1992, made a similar pledge only to find his mandate for change gutted by the backlash to what critics dubbed “HillaryCare” in 1993 and 1994.


    Republican voters, meanwhile, are half as likely as Democrats to identify health care as a top election issue, according to a Kaiser Family Foundation poll in June. This could mean McCain’s plan to create tax credits for people who purchase coverage may never make the jump from proposal to policy, especially if Democrats widen their control of Congress.


    While health care is among the top domestic causes for many Americans, according to multiple polls, such priorities change. In June 2007, health care was the top domestic issue for voters and was second overall after the Iraq war, according to the Kaiser Family Foundation. In the poll a year later, with gas at $4 a gallon and the economy slumping, health care ranked fourth behind the economy, Iraq and gas prices.


    One of the best things the campaigns communicated with employers during the Chicago forum in June was their recognition that employers, as providers of health coverage for 160 million Americans, have a role to play in the health care debate and its policies.


    “There are forward-thinking but realistic people in the business community who want to be involved,” says Wayne Lednar, chief medical officer for DuPont.


    Employers, though, should recognize that the election is only the beginning of a health care reform effort. Any candidate, or president, whose plan “goes through Congress and has cost controls that take away money from any interest group will find Congress has plans of its own,” says Obama health care advisor Millenson.


    Josef Reum, associate professor in the Department of Health Policy and the Department of Health Services Management and Leadership at George Washington University, calculates that there are nine lobbyists for every member of Congress and 50 people employed by lobbyists for every member of Congress.


    “If there’s any candidate that gets up and says, ‘This will fix it,’ well,” Reum says, “they’re lying to you.”


Workforce Management, September 8, 2008, p. 28-35 — Subscribe Now!

Posted on September 12, 2008June 27, 2018

Benefits Change at Deere Spurs Retirees Lawsuit

Deere & Co. retirees have filed a lawsuit against the farm-equipment maker to force it to restore their previous health insurance coverage.


The lawsuit—filed in U.S. District Court in Davenport, Iowa—accuses Deere of reneging on a promise that some 5,000 salaried workers who retired after 1993 would be eligible for the same coverage in retirement that they had while they worked for the Moline, Illinois-based company.


The retirees say Deere changed the coverage early this year to plans that cost more, particularly for prescription drugs, and provide fewer benefits.


“It’s going to be a long haul. We realize that,” says retiree William Gabbard, president of the Flex Retiree Organization, the group that filed the lawsuit. “We’re still willing to sit down and talk, but nothing has come of it.”


A Deere spokesman said the company plans to “vigorously defend” its actions in court and called the changes in coverage “appropriate and beneficial.”


The defendants said they’ll seek class-action status for the lawsuit.


Deere said escalating costs and inefficiencies in the old plans forced the company to adopt alternatives. By giving employees more choices for coverage, Deere predicts it will be able to manage its insurance costs more effectively.


The company disputes retirees’ contention that it’s being insensitive to former employees.


“This program represents a significant benefit that many retirees of other companies do not enjoy,” the spokesman said.


Filed by Bob Tita of Crain’s Chicago Business, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


Workforce Management‘s online news feed is now available via Twitter.

Posted on September 12, 2008June 27, 2018

DB Plans Need Additional Guidance, GAO Says

The Government Accountability Office on Wednesday, September 10, called on the Department of Labor to provide guidance for defined-benefit plan investments in hedge funds and private equity so fund executives understand the challenges and risks of those asset classes.


The GAO report recommended that the guidance include a description of the steps that funds should take to address the challenges and risks of the alternative investments while meeting their fiduciary obligations under ERISA.


The guidance should also specifically address the challenges that alternative investments present for smaller pension plans, the report said.


In a July 16 letter of response attached to the GAO report, Bradford P. Campbell, assistant secretary of the DOL’s Employee Benefits Security Administration, said ERISA already charges plan fiduciaries with investing prudently.


Campbell said in the letter that providing additional guidance would be difficult because “there is no statutory definition of hedge fund or private equity fund, and investment objectives and strategies may vary greatly among these funds.”


The GAO responded to Campbell in the report, saying: “The lack of uniformity among hedge funds and private equity funds is itself an important issue to convey to fiduciaries, and highlights the need for an extensive due diligence process preceding any investment.”


“It is crucial that we take great care as pensions invest more in hedge funds and private equity,” Sen. Max Baucus, D-Montana, said in a news release. “If the pension investments sour, the retirement savings of millions of Americans could suffer.”


Baucus requested the GAO report.


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


Workforce Management’s online news feed is now available via Twitter.

Posted on September 12, 2008June 27, 2018

GAO Issues Follow-Up Report on PBGC

The U.S. Government Accountability Office on Thursday, September 11, recommended that the Pension Benefit Guaranty Corp. provide reports on its management and financial challenges to newly appointed board members, board representatives and its director in advance of the possible leadership change following the November presidential election.


PBGC executive director Charles E.F. Millard agreed to the recommendation and said the agency would continue to “work in concert with its board to provide the oversight information necessary to address the important issues that we confront in providing pension security to millions of Americans,” according to a comment letter included with the report.


The GAO report recommended that the PBGC give the reports to the Office of Inspector General and the GAO. No time frame was given.


This is a follow-up to a 2007 GAO report that recommended expanding the size of the PBGC board of directors; clearly defining the roles and responsibilities of board members, senior management and the director; and developing policies consistent with other government corporations.


The report noted that the PBGC’s board of directors remained composed of three members—the secretaries of Treasury, Labor and Commerce. Because of the small size, the board “has not been able to develop procedures and mechanisms to monitor the agency’s operations, such as standing committees, which are used by other government corporations,” the report said.


It also pointed out that the PBGC does not have the same reporting requirements that other government organizations have in regard to providing additional information to Congress. The GAO points to the Millennium Challenge Corp. and the Commodity Credit Corp., both of which are required to notify Congress before conducting certain financial transactions. Millennium Challenge works with countries around the world to reduce global poverty through the promotion of sustainable economic growth, and Commodity Credit was created to stabilize, support and protect farm income and prices.


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

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