Corporations are expected to impress upon President-elect Barack Obama and
Congress that the woes they are experiencing over their ailing pensions must be
addressed even before the Democrats take over the White House in January.
Pension funding rules are estimated to cost companies more than $100 billion
next year—hardly small change in any year, let alone one that could see a severe
recession—and could force corporations to eventually freeze or terminate their
defined-benefit pension plans.
But getting Obama and lawmakers to pay attention to pension funding could
prove to be a major challenge. So lobbyists are preparing to make a broader case
for relaxing the rules.
“It’s not just a pension issue,” said Lynn Dudley, senior vice president of
policy at the American Benefits Council, an employer advocacy group in
Washington that’s lobbying on behalf of hundreds of corporations for some
temporary relief from pension funding rules. “It’s a major economic issue that
needs to be recognized immediately.”
By the time Obama assumes office in January, scores of corporations will
likely be burdened with significantly underfunded pension plans. And, just as
major losses in the equity markets sucked assets out of pension plans during the
past 10 months, relatively new pension rules have the potential to drain
billions from corporations’ coffers next year.
A new study released by the Boston College Center for Retirement Research
earlier this month suggested that employers could be on the hook for up to $150
billion in pension contributions in 2009—triple the $50 billion in contributions
companies will make this year.
“Companies have already been forced to tap into their cash this year for
basic business purposes, like making payroll,” noted Judy Schub, managing
director for the Committee on Investment of Employee Benefit Assets, which
represents more than 100 corporate plan sponsors. “With eroding cash positions,
and very little access to credit, companies will be forced to fund their
pensions by cutting their operations and workforces—and that clearly was not the
intention of these new funding requirements.”
The new funding rules, which were included in the Pension Protection Act of
2006 and went into effect this year, require companies with underfunded plans to
make larger, more aggressive contributions to quickly get their pensions 100
percent funded (the previous target was only 90 percent). There was also a
provision to force companies to freeze their pension plans if funding levels
fall below 60 percent.
“That’s the double whammy,” Dudley said. “At the same time people could be
losing their jobs because their companies are forced to make cutbacks, workers’
retirements could be compromised too.”
The cost of contributions to corporations is expected to resonate with Obama
and Congress, but it is the threat to workers’ retirement security that could
ultimately lead the new administration to take action and ease the new pension
requirements.
“If we don’t do something soon, we could be ringing the death knell on the
remaining presence of defined-benefit plans,” said Rep. Earl Pomeroy, D-North
Dakota.
Obama has been described as “pro-defined benefit” by several pension
observers, who noted that while addressing pension issues may not be the
president-elect’s first order of business, it’s certainly on his radar screen.
And Pomeroy, a member of the House Ways and Means Committee, noted he is
“flat-out confident” that some form of pension relief will be provided to
corporations, maybe even before Obama is sworn into office.
“With the economy in crisis, pension funding has been overlooked,” Pomeroy
acknowledged. “But we’re now starting to see a clear, bipartisan consensus
develop that this is an issue that could have severe consequences on
corporations and their employees if it isn’t addressed.”
Obama and his administration are expected to be particularly sensitive to
retirement issues in light of the recent damage that has been done to workers’
401(k) savings. Forced freezes of pension plans would only serve to further
threaten the retirement security of workers, something Obama’s chief of staff,
Rep. Rahm Emanuel of Illinois, has been vocal about in the past. Emanuel
advocated securing airline industry workers’ retirement plans in 2004 when
United Airlines and US Airways were in the middle of bankruptcy proceedings.
The dramatic declines in equities this year have also underscored just how
vulnerable participants in defined-contribution plans are to wild swings in the
stock market, and may prompt Obama and Congress to encourage the use of more
defined-benefit plans, said Donald Myers, partner in the financial industry
group at law firm Reed Smith.
“It would be going in the opposite direction that companies have been heading
with traditional pension over the last several years,” Myers said. “But the
concept of a guaranteed pension system has never looked better than it does
right now.”
That, however, is an issue that Obama and Congress may wait to address.
For now, employer advocates such as the American Benefits Council, Financial
Executives International and the U.S. Chamber of Commerce are not waiting for
Obama to assume his new post. More than a dozen advocates have already begun
lobbying lawmakers for technical corrections to the PPA that could provide some
short-term relief for corporations that must make major contributions next
year.
Ideally, these corrections—which would slow the transition period to PPA
requirements and would let plan sponsors smooth out pension losses beyond
2009—would be included in a new stimulus package before Congress ends its
current session, said Cady North, manager of government affairs at Financial
Executives International in Washington. Pomeroy concurred, and noted that it
would be “strongly preferable” to push some relief through this year.
“We’re not asking to repeal PPA, and we’re not asking Treasury for any
money,” said North, whose organization represents 15,000 financial officers.
“We’re asking for some temporary relief. And it’s a very time-sensitive request
that needs to be addressed now, because corporations need to budget for next
year.”
And those contributions appear as if they could be significantly more than
many companies were figuring earlier this year. Consulting firm Watson Wyatt
gathered data from 28 corporate clients, who estimate that their aggregate
required pension contributions will be $2.1 billion—181 percent higher than
those companies had previously budgeted.
“You can make a reasonable argument that these kinds of unexpected increases
couldn’t come at a worse time for corporations,” said R. Evan Inglis, chief
actuary at Vanguard. “But it’s also coming at a time when there are so many
other critical issues the government needs to address that it certainly isn’t at
the top of anyone’s list in Washington right now.”
Filed by Mark Bruno of Financial Week, a sister publication of Workforce
Management. To comment, e-mail editors@workforce.com.