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Andrews/Harkin Release on GAO Report About Cash Balance Pension Plans

SEP. 29, 2000

Andrews/Harkin Release on GAO Report About Cash Balance Pension Plans

DATED SEP. 29, 2000
DOCUMENT ATTRIBUTES
  • Authors
    Andrews, Rep. Robert E.
    Harkin, Sen. Tom
  • Institutional Authors
    House of Representatives
    Senate
  • Code Sections
  • Subject Area/Tax Topics
  • Index Terms
    pension plans
    legislation, tax
    retirement plans
  • Jurisdictions
  • Language
    English
  • Tax Analysts Document Number
    Doc 2000-25151 (2 original pages)
  • Tax Analysts Electronic Citation
    2000 TNT 191-55

 

=============== FULL TEXT ===============

 

CONGRESS OF THE UNITED STATES

 

 

September 29, 2000

 

 

[1] WASHINGTON -- U.S. Representative Rob Andrews (D-NJ-01) and U.S. Senator Tom Harkin (D-IA) today released a General Accounting Office (GAO) report urging the Internal Revenue Service (IRS) to stop the approval of Cash Balance Pension Plans until the Department of Labor and the Department of the Treasury can complete a full review of these plans and their effects on American workers' retirement benefits.

[2] "This report is a ray of light peeking in on companies converting their employees pensions to cash balance plans, exposing the potential for age discrimination. I applaud the GAO for calling on the IRS to suspend cash balance pension plans until there are more comprehensive worker protections in place," Harkin said. "While many companies talk about how younger workers may benefit from converting to cash balance plans, the report shows that conversions can be devastating for older workers. It is not uncommon for older workers to face a loss of more than a quarter million dollars in benefits because of cash balance plan conversions."

[3] "I am deeply concerned regarding the GAO's findings given that their research demonstrates that these cash balance plans are potential harmful to older American workers who are very close to retirement age and are depending on these assets," said Andrews. "I recognize that we must provide employers the requisite tools to attract and retain talented employees but we must not do so on the backs of the hard working Americans who have helped to get us this far."

[4] Currently, about 19 percent of Fortune 1000 firms sponsor cash balance plans that cover an estimated 2.1 million active participants. The reasons given for the proliferation of these plans are the ability to reduce total pension costs, increase portability to enhance the recruitment of younger or more mobile workers and the capability of adding a lump sum benefit feature that can be used to better explain pension benefits to workers.

[5] According to the GAO study, cash balance plans leave older workers at a tremendous disadvantage because these plans decrease the rate at which normal retirement benefits accrue therefore raising the age at which an individual can retire with full pension benefits. In addition, this report illustrates that, prior to conversion, many older workers were participating in defined benefit plans in which the proportion of benefits they were earning accelerated the longer they were employed at the company. Under the cash balance plan, the percentage at which these older workers are accruing benefits is reduced during the very period of their careers in which they would have been receiving the highest percentage of their pension.

[6] In response to these findings the GAO has recommended the following to alleviate the problems associated with cash balance plans, including:

o Amend ERISA to require firms to provide participants with more

 

timely information, in plain language, about plan changes that

 

can reduce future pension benefits.

 

 

o Amend ERISA and the Code to establish requirements that would

 

prevent firms that convert to cash balance plans from creating

 

a wearaway period at conversion on the value of prior accrued

 

benefits.

 

 

o The relevant federal agencies should take steps to clarify how

 

these plan designs will be treated under current pension law.

 

 

o The Secretary of the Treasury direct the Commissioner of the

 

Internal Revenue to establish a moratorium on determination

 

letters approving cash balance or similar hybrid plan designs

 

until IRS acts on our recommendations by promulgating

 

comprehensive regulations addressing these plans and develop a

 

regulatory framework that would recognize and provide

 

comprehensive requirements for cash balance plans.

 

 

o The Secretary of Labor should direct the Assistant Secretary

 

of the Pension and Welfare Benefits Administration, under

 

authority provided by ERISA, to amend the disclosure

 

requirements for summary plan descriptions and summaries of

 

material modifications to plans to include clear statements

 

regarding the hypothetical nature of cash balance accounts, to

 

identify the potential of the conversion to reduce future

 

pension accruals and early retirement benefits, and to

 

develop standardized language that firms may use to meet the

 

amended disclosure requirements,

 

 

o The timeframe in which notice about plan changes that can

 

reduce future benefits accruals should be provided increase

 

from the current 15 day time frame to no less than 90 days.

 

 

[7] Andrews, the Ranking Democrat of the Employee-Employer Relations Subcommittee that over sees pension law requested this report in response to the growing practice of employers converting traditional defined benefit pension plans to cash balance plans. Harkin, a member of the Senate Health, Education, Labor and Pensions (HELP) committee, is a leading advocate for ensuring that workers get their full pension and the author of the "Older Workers Pension Protection Act" (S. 1300). This legislation is intended to curb the disturbing trend in which the pension benefits of many older workers are frozen for years when a company switches pension distribution plans.

[8] "If the pension bill comes to the Senate floor before Congress adjourns, I am planning to offer an amendment to provide meaningful protection for workers from the abusive practice, where older workers see their already accrued pension benefits worn away by companies that reduce their pension benefits," Harkin added.

[9] A copy of the report is available upon request.

DOCUMENT ATTRIBUTES
  • Authors
    Andrews, Rep. Robert E.
    Harkin, Sen. Tom
  • Institutional Authors
    House of Representatives
    Senate
  • Code Sections
  • Subject Area/Tax Topics
  • Index Terms
    pension plans
    legislation, tax
    retirement plans
  • Jurisdictions
  • Language
    English
  • Tax Analysts Document Number
    Doc 2000-25151 (2 original pages)
  • Tax Analysts Electronic Citation
    2000 TNT 191-55
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