A multiemployer plan was found to have brought a viable claim for a withdrawal contribution required in its trust documents.
Tag: multiemployer plans
A final rule from the Pension Benefit Guaranty Corporation (PBGC) allows smaller plans terminated by mass withdrawal to perform actuarial valuations less frequently, removes certain notice requirements for insolvent plans and reflects the repeal of the multiemployer plan reorganization rules.
Employees of Kroger say Central States’ plan trustees refused to negotiate a proposal with them after they filed an ERISA fiduciary duty lawsuit, but court documents show the trustees attempted negotiations after the filing of the suit and not before.
“Equity exposure weighed on plan performance in the fourth quarter,” says Jason Schwarz, president, Wilshire Analytics and Wilshire Funds Management.
The proposed amendments would affect the determination of a withdrawing employer's liability under a multiemployer plan and annual withdrawal liability payment amount when the plan has had benefit reductions, benefit suspensions, surcharges or contribution increases that must be disregarded.
The new instructions include an expanded list of common filing errors.
A table on the PBGC’s website shows that the flat-rate premium for single-employer plans has grown from $31 in 2007 to $80 in 2019, and the variable-rate premium has grown from $9 to $43.
The Pension Benefit Guaranty Corporation says that mergers can protect the benefits earned by workers and retirees and extend the solvency of troubled plans.
The agency identifies information that would be helpful for plan sponsors to provide to help it evaluate proposed alternative terms and conditions to satisfy withdrawal liability.
Institutional assets tracked by Wilshire Trust Universe Comparison Service (Wilshire TUCS) posted an all-plan median return of 0.88% for second quarter.
The likelihood the program will remain solvent after FY 2026 is now less than 1%.
The 9th Circuit depended on its own precedent in finding that unpaid contributions to employee benefit funds are not plan assets and, therefore, the company owners are not fiduciaries under ERISA with respect to unpaid withdrawal liability.
Regarding guidance to assist multiemployer pension plans that request PBGC review of alternative plan rules for satisfying employer withdrawal liability, the agency said for example, some proposals include incentives for employers to remain in the plan by providing discounted withdrawal liability that is conditioned on continued employer participation for a specified period of years.
Based on a partial year of data for 2016, 1.3% of all employers withdrew, affecting 19% of plans that covered 67% of all participants, the Society of Actuaries found. Withdrawal liability assessments were not nearly enough to cover these plan’s unfunded liabilities.
In addition to being barred as serving as a fiduciary for five years, the fund manager is ordered to make more than $45,000 in restitution to the plan, according to a Department of Labor news release.
The move is designed to protect pensions for Kroger associates who participate in the Central States Pension Fund, which is projected to go insolvent in 2025.
Michael Barry, president of the Plan Advisory Services Group, discusses how the accounting measures for multiemployer plans contributed to their current crisis.
In an issue brief, researchers for the Center for Retirement Research at Boston College discuss plan partitions, benefits cuts, subsidized loans and tax payer support.