DB Funding Relief Great but Temporary

August 2, 2010 (PLANSPONSOR.com) – Defined benefit sponsors have the potential to receive billions of dollars in temporary pension funding relief as a result of legislation signed into law last month, according to a new Towers Watson analysis.

However, while the law may significantly ease financial pressures for some sponsors for at least two years, employers face potentially larger funding obligations after 2011, Towers Watson said, in a news release. 

The Towers Watson analysis projected funded status and minimum required contributions for single-employer DB plans under three scenarios for the five plan years from 2009 through 2013: the funding provisions before the pension relief measure and the two funding options under the new law. It did not consider the impact of the law’s so-called cash-flow rules, which require extra pension contributions if executive compensation or dividend payments are too large, and could cause some employers to forgo the relief offered.  

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The analysis found that, under the pre-Act provisions, the minimum required contributions in aggregate would be $78.4 billion for plan year 2010, and would escalate to $131 billion for 2011 and approximately $159 billion for both 2012 and 2013, according to the news release.  Under the new law, however, required contributions would be reduced between $19 billion and $63 billion, depending on which of the two provisions and which plan years employers choose.  

The announcement said the 15-year amortization for 2010 and 2011 funding shortfalls offers employers the maximum aggregate funding relief for employers over the 2009 through 2013 projection period; the seven-plus-two-year option for 2009 and 2010 funding shortfalls provides the least amount of relief.   The analysis noted that for employers with immediate cash-flow concerns, the seven-plus-two-year option for 2010 and 2011 may be the better choice to concentrate the relief, while the 15-year amortization rule spreads the relief more evenly over a longer period.  

Under the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, employers with underfunded DB plans may elect to amortize funding shortfalls for any two plan years between 2008 and 2011 either over a 15-year period or by making interest-only payments for two years followed by seven years of amortization.  

“The federal government has given employers the much-needed and welcome funding relief they were seeking,” said Mark Warshawsky, director of retirement research at Towers Watson, in the news release. “Despite some improvement in the overall health of pension plans since the depths of the financial crisis, employers had been bracing for sharp increases in their DB funding obligations. Now, with the new law, employers can breathe a collective, albeit temporary, sigh of relief.”  

More information about the analysis is at http://www.towerswatson.com/research/2389. 

President Obama signed the pension relief bill earlier this year in an effort to give plan sponsors relief from often-severe losses sustained during the economic downturn (see Obama Signs Pension Relief Bill). While the final version of the measure may not have been perfect, two industry observers said afterward that sponsors should still be relatively satisfied with the outcome. (see Pension Funding Relief Seen as Best Under the Circumstances).      

Mets Management Beaned by 401(k) Suit

August 2, 2010 (PLANSPONSOR.com) – The owner of the New York Mets has been sued for the role he allegedly played in wiping out a participant’s 401(k) account. 

 

According to Reuters, Mets owner Fred Wilpon has been sued by Elyse Goldweber, the wife of late Sterling Equities employee David Sloss, who claims that her 401(k) nest egg has been scrambled as a result of dealings with infamous Ponzi schemer Bernie Madoff.  Sterling owns the Major League Baseball team.  

The suit, filed in the U.S. District Court in Manhattan, is seeking class-action status on behalf of other Sterling employees, hopes to “recover assets that were lost through imprudent investments made on its behalf.” It names Sterling executives Arthur Friedman and Michael Katz as co-defendants, as well as Mets Chief Executive Officer Fred Wilpon .  

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Goldweber claims that her now-deceased husband had accumulated $280,420 in his 401(k) account with Sterling Equities, which owns the Mets, but that the money has since been “wiped out.”  The suit further claims that Sterling Equities sent Goldweber an account statement in March warning her not to rely on the funds being available because of the Madoff entanglements, according to the New York Post.   

At the time Madoff disclosed in December 2008 that his $65 billion investment venture had collapsed, Wilpon said his family and his business weren’t in financial jeopardy, the lawsuit said, according to Reuters.  “Defendant Wilpon’s statement that his family and his business family were all ‘fine’ did not take into account the loss of the retirement savings of many of his employees,” the lawsuit said.   

“Thus, while defendant Wilpon has been quoted as claiming that he and his business family are ‘fine,’ his loyal employees (many of whom had previously been laid off) have lost their retirement savings,” the suit contends, according to Reuters.  In a company filing cited by Goldweber in the suit, roughly 92% of the firm’s retirement plan assets ($16.2 million of the firm’s $17.7 million in retirement plans) was tied up with Madoff.  

Madoff, of course, is serving a 150-year prison term for perpetrating the $65-billion Ponzi scheme that devastated thousands of investors.  

“We believe the complaint has no merit,” the Great Neck, New York-based company said in a statement. “The Sterling Equities 401(k) Plan and its participants were among the many victims of the Madoff fraud”, noting that it has filed a claim with the Securities Investor Protection Corporation or SIPC, and assisted participants with filing claims.  “We believe the participants who were defrauded by Madoff are entitled to the full protection of SIPC and are therefore eligible to be reimbursed for all their losses as is provided under the law,” the company said in its statement.  

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