AT&T Sued Over 2023 Pension Risk Transfer with Athene Annuity and Life

Retirees alleged that AT&T shifted its pension responsibilities for 96,000 participants to a ‘risky’ insurance company, according to the lawsuit.

After conducting an $8.05 billion pension risk transfer in May 2023 and offloading 96,000 of its plan participants and beneficiaries, AT&T Inc. was sued by four former participants on Monday.

The former participants, represented by law firm Libby Hoopes Brooks & Mulvey, PC, claimed that AT&T’s decision to conduct the PRT with Athene Annuity and Life Company placed its retirees in danger and that AT&T and its independent fiduciary, State Street Global Advisors Trust Co., stood to gain from the transfer. The lawsuit, Piercy et al v. AT&T Inc. et al, was filed March 11 in the U.S. District Court for the District of Massachusetts. 

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The pension deal secured AT&T approximately $363 million in profit, according to court documents. Because of the transaction, AT&T and the retirement plan are no longer required to pay annual flat-rate PBGC premiums for the 96,000 participants terminated from the plan, which will save AT&T more than $9.6 million annually, the lawsuit also stated.

“Although AT&T is worth more than $100 billion, and is the world’s fourth-largest telecommunications company, the company decided to fatten its wallet by placing its retirees’ futures in the hands of a risky new insurance company that is dependent on its Bermuda-based subsidiary and which has an asset base far riskier than AT&T’s,” the lawsuit stated.

Citing a 2022 analysis from NISA Investment Advisors, the former participants say Athene is in a new class of private equity-backed insurers engaged in the “shadow banking” sector. The NISA report argued that Athene is not a safe annuity choice for ERISA fiduciaries and is riskier than other traditional annuity providers, claiming its reliance on a Bermuda-based subsidiary.

According to the lawsuit, one-fifth of Athene’s portfolio is invested in “risky asset-backed securities and leveraged loans made to companies highly in debt.” It also states that approximately 80% of Athene’s PRT liabilities are reinsured through Bermuda affiliates owned by Athene’s parent, Apollo.

Athene objected to the NISA analysis, arguing that any plan sponsor contemplating a PRT with the  insurer would be advised by an independent fiduciary that would review the insurer’s financial condition. Athene also argued that NISA is biased because it is an asset manager and its business suffers when companies pull their pension assets to PRTs.

The plaintiffs further claimed that AT&T and State Street selected Athene because it was the cheaper option and that the company could have opted for safer, traditional annuity providers that have a “proven record of financial strength necessary to shoulder such large and important obligations over a period of many decades.”

As a result, the lawsuit alleged that AT&T and State Street breached their fiduciary duties under ERISA by mismanaging participants’ retirement benefits by putting them in the hands of Athene.

IB 95-1, issued by the Department of Labor in 1995, outlines the fiduciary standards that a plan sponsor must use when selecting an annuity provider for a pension risk transfer. The rule requires pension fund sponsor to consider the provider’s investment portfolio, size relative to the annuity contract, level of capital and surplus, liability exposure and availability of state government guaranty associations.

The SECURE 2.0 Act of 2022 required the DOL to review IB 95-1 and recommend possible modifications to Congress by the end of 2023, but modifications have yet to be released.

The former participants are seeking AT&T to guarantee the retirement benefits that were part of workers’ employment bargain with AT&T and which those workers earned through their service to AT&T. They also seek monetary relief from AT&T and State Street, including the profit the plaintiffs say the companies earned from the PRT.

A spokesperson at AT&T stated, “We deny the allegations and we will defend ourselves in court.”

PLANSPONSOR Roadmap 2024: Implementation and Communication

A plan sponsor and industry advisers discuss tactics for engaging participants with financial education programs.

Investment adviser Jenna Witherbee says that after years of working with plan participants, she and her colleagues at 401k Plan Professionals noticed a pattern of questions coming from their plan sponsor clients’ employees.

The firm decided to take the common issues from those questions to create its own in-house financial wellness program. They then went on to build that offering with a key goal in mind: making it accessible and realistic for busy employees with limited time.

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“We wanted to create something that was on demand and something that was in bite-sized pieces that would walk people through the financial steps,” Witherbee said during a PLANSPONSOR livestream on March 7. “We created an 8-step financial wellness series that lives on our website and on our YouTube channel …. That is a way that we can reach more people.”

Creation is just one aspect, Witherbee says. The next is putting the resources in front of participants consistently. That can be in formats including employer emails, regularly scheduled educational meetings, and via the use of technology tools such as QR codes.

“It’s really important to repeat and use many different channels to try and reach people, that’s what I’m finding more and more,” she said.

Meanwhile, one-on-one engagement and the ability for a participant to jump on a Zoom call with an adviser for 30-minutes is still always appreciated and gets good results, she said.

401k Plan Professionals, she said, will also work with third-party financial wellness providers when it makes sense, but the key to any program working at its best is plan sponsor interest and focus.

Many of those plan sponsors, Witherbee said, are increasingly focused on customization for their participants, a goal she is finding new ways to meet. As an example, when onboarding a new client recently, the adviser gathered a number of consistent questions she got from the new plan sponsor’s participants. From there, Witherbee was able to work with the plan sponsor on a targeted educational campaign to try and educated and provide resources on those specific areas.

“We try to meet people where they are at,” she says. “If someone is sitting in a meeting and we are talking about Social Security and they are 28 years old, they are totally checked out …. In order for people to engage and want to take action we have to be talking about things that are relevant to them and their life stage.”

Stress Management

Richard Yezzi, Jr., vice president of operations, JX Enterprises Inc., told the livestream audience that his company places an emphasis on financial wellness for employees because “the toll and the stress” of general money trouble seeps into the workplace.

“Getting engagement on these programs and having people develop good habits is key for us,” says the operations head at the Hartland, Wisconsin-based transportation company. “Making sure that we raise awareness that people have access to the resources and information that they need to relieve those stresses …. is critical.”

Yezzi said that the firm has tried a “myriad” of communication tactics to engage people with its financial education offerings. The firm has used emails, message boards, one-on-one management conversations, texting, and even phone calls—the last of which was “not popular” with younger workers.

To track the results, Yezzi’s team will look at open rates and usage for its online financial programs and the communication campaigns themselves.

“When we push text messages or make message board changes, we can watch the results and see almost in real time if a particular message drove a result that we wanted, or if there was no impact,” he said.

There is a balance between communicating enough, but not too much, Yezzi noted.

“It’s about bringing balance to it,” he said. “Keeping things fresh, certainly. If there’s something relevant going on in the world, tying [financial wellness] into that when we have their attention [works].”

 

Honing the Message

Jay Schmitt, principal, Strategic Benefit Advisors, works with plan sponsors on identifying and choosing financial wellness programs. He noted on the livestream the importance of starting with a review of the participants a sponsor wants to reach.

“It really all starts with, ‘What are we trying to accomplish here?’” Schmitt says. “You’ve got workers who don’t look at a computer all day but do have a phone. It’s getting to those details and getting to who we are trying to reach—you can’t reach everybody. That would be great, but you need to be focused on what you’re trying to accomplish.”

Schmitt said that when his firm meets with a plan administrator, it first identifies all the financial resources available to participants, and then brings them together into a package of materials to target the workforce.

In terms of engagement, Schmitt noted that some clients like to have a vendor provide participants with a financial wellness score that will shift depending on their actions. He said that type of tool can help get people involved with their financial situation on an ongoing basis.

Unfortunately, Schmitt said, the call to action for many people to engage with financial wellness can be when something bad has happened around debt or financial needs. That is why it is crucial, he said, for employers to get resources and materials in front of employees early and often.

“The main effort we find with our clients is getting the employee to be aware of what is available to them,” he said. “Most employees just hit the unsubscribe button, but they really need to know that they can go to the company portal, website, whatever it is to find all the resources that they have access to …. so, when they do need it, it’s there.”   

The full livestream is available on demand on PLANSPONSOR’s website at this link.

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