Why PBGC’s Flat-Rate Premiums Need to Drop

Lowering premiums might spur some organizations to consider offering a defined benefit plan, which could be an additional form of income in retirement.

Why PBGC’s Flat-Rate Premiums Need to Drop

The U.S. corporate single-employer defined benefit pension system has undergone a massive shift in recent decades. Many companies have stopped offering a DB pension benefit to new or existing employees, often due to regulatory, accounting, or financial market-related factors, and instead have substituted a defined contribution  plan. This should not be news to anyone that has followed the evolution of the U.S. retirement system.

Over the past 10-plus years, another shift has emerged with respect to the DB pension system. An increasing number of plan sponsors have been seeking to shrink their plans or terminate them entirely by purchasing a group annuity for their participants from a life insurer. In doing so, participants that are covered by the annuity are legally removed from the DB plan and the obligation to pay the monthly pension payment falls to the insurance company. This market for annuitization, or pension risk transfer as it is also called, has grown substantially over the past decade.

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While there have been several factors influencing this behavior by plan sponsors, one factor impacting many has been the increase in the cost of administering the DB plan itself. In particular, all plan sponsors are required to pay what are known as flat-rate premiums to the Pension Benefit Guaranty Corporation, the governmental insurer of private DB pension plans. Flat-rate premiums are paid annually on every participant in the plan, irrespective of the funded status of the plan, or the ratio of the fair value of plan assets to the present value of pension obligations.

Importantly, the premium rates are set by the US Congress, not the PBGC itself. Various actions by Congress, including inflation-adjusting the rate each year, have resulted in the per-participant premium increasing to $101 in 2024 from $35 as recently as 2012, a greater than 9% compounded annual growth rate  during that period. Given this rising cost, the economics of keeping participants in the plan versus transferring them to an insurance company, which does not incur the PBGC flat-rate premium, often tilts towards the latter. A chief financial officer that sees any cost for its organization increasing at a 9% CAGR for more than a decade is likely to consider actions to reduce or eliminate it.

There may be several motivations for a sponsor to transfer some or all of its participants to an insurer through an annuitization transaction, and risk transfer is certainly a valid and important tool in the pension risk management toolbox. Sponsors are usually best served, however, when they have multiple options for managing their retirement programs and long-term obligations. Nonetheless, some sponsors might almost feel compelled to undertake one of these transactions today due to the substantial increase in premium costs in recent years.

It should be noted that the PBGC’s single-employer program has seen a deficit of more than $29 billion at the end of fiscal year 2012 swing to a surplus of almost $45 billion in 2023. The PBGC projects that surplus to exceed $60 billion by 2032, and it shows “no scenarios in which the Single-Employer Program runs out of money within the next 10 years.”

Given this position of strength, a moderating of flat-rate premiums may be warranted. Indeed, various employer groups, including the Committee on Investment of Employee Benefit Assets and the American Benefits Council, have been advocating for adjusting premiums. This includes potentially simply lowering flat-rate premiums, providing premium holidays, and linking premiums to the financial status of the PBGC’s single-employer system.

In addition, even though the premiums go directly to the PBGC, they count as general revenue for the federal government. Lowering the premiums would therefore hit the overall federal budget. Moving the premiums “off budget” would mean any changes would not have a budgetary impact, perhaps mitigating any hesitation to lower them or, at a minimum, stopping them from rising further.

We believe plan sponsors could use some flexibility when managing their retirement programs. Reducing PBGC premiums for a system that is notably in surplus may make it easier for sponsors to consider retaining some pension liabilities, rather than transferring them to an insurer, thereby providing the employers options to decide on the best course of action based on their specific goals and objectives.

At the same time, employees and retirees are increasingly being engulfed by what we refer to as the “Financial Vortex,” in which a swirl of competing financial priorities make it difficult for individuals to save for retirement. These priorities can include paying down debt, saving for a child’s college education, assisting other family members financially, and dealing with emergency expenses. Our 2023 Retirement Survey & Insights Report, which surveyed more than 5,000 working and retired Americans collectively, revealed that many individuals remain unprepared for retirement and have a strong desire for guaranteed income.

A DB pension can play a crucial and complementary role to DC plans for employees preparing for retirement, in our view. Lowering the costs around maintaining a DB plan could not only provide plan sponsors with greater flexibility with respect to how to manage their legacy obligations, it might also spur some organizations to consider offering this benefit again. This may be a welcome development for many employees who seek additional forms of income in retirement.

Mike Moran is the senior pension strategist at Goldman Sachs Asset Management.

This feature is to provide general information only, does not constitute legal or tax advice, and cannot be used or substituted for legal or tax advice. Any opinions of the author do not necessarily reflect the stance of ISS Stoxx or its affiliates.

What Tests Determine Who Is a Highly Compensated Employee?

Experts from Groom Law Group and CAPTRUST answer questions concerning retirement plan administration and regulations.

Q: Just read your column on the 401(a)(17) compensation limit for non-calendar year plans. Does the limit used to determine Highly Compensated Employees work in the same way?

Kimberly Boberg, Kelly Geloneck, Emily Gerard and David Levine, with Groom Law Group, and Michael A. Webb, senior financial adviser at CAPTRUST, answer:

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A: It would be great if there were some consistencies between the limits, but unfortunately the answer is no. For those who may not know, for plans that are subject to nondiscrimination testing, a highly compensated employee is generally a type of highly paid employee to whom contributions and benefits may be restricted based on the results of such testing. There are two tests for determining if an employee is an HCE–an ownership test and a compensation test. An employee is an HCE if he or she satisfies either of the two tests.

Compensation Test

While there are dollar amounts that can be used to determine both the 401(a)(17) limit and who is an HCE, the HCE limit uses a completely different determination year—called a lookback year—for its dollar threshold. Generally, an employee is an HCE under the compensation test if he or she received compensation from the employer in excess of a dollar threshold limit (as adjusted) during the lookback year. The lookback year is generally the 12-month period preceding the current plan year. So, if the current plan year is July 1, 2024, through June 30, 2025, the lookback year is July 1, 2023, through June 30, 2024. We would then use the HCE dollar limit for the calendar year in which the lookback year begins as the appropriate dollar threshold. Since the HCE dollar limit for calendar year 2023 is $150,000, an HCE for the plan year beginning July 1, 2024, would be defined as someone who earned more than $150,000 from July 1, 2023, through June 30 , 2024.

To make things even more complicated, a plan can use what is called a calendar year data election to change the lookback year to the calendar year that begins within the lookback year. In the above example, the calendar year that begins within the July 1, 2023, through June 30, 2024, lookback year is the 2024 calendar year. Since the HCE dollar limit for calendar year 2024 is $155,000, an HCE for the plan year beginning July 1, 2024, would be defined as someone who earned more than $155,000 in the 2024 calendar year. Section V of Notice 97-45 discusses the requirements for making a calendar year data election.

For employers whose workforce contains more than 20% HCEs, such employers can elect what is called a top-paid group election that would limit the HCE population to the top 20% of employees ranked by compensation.

Ownership Test

Generally, an employee is an HCE under the ownership test if he or she is a 5% owner at any time during the current plan year or the lookback year, regardless of compensation earned (note: tax-exempts organizations generally do not have owners in this context, so this would generally not apply to 403(b) plans).  

Thus, HCE determinations can be quite complicated. When in doubt, plan sponsors should consult an outside retirement plan counsel who is well-versed in such matters.

NOTE: This feature is to provide general information only, does not constitute legal advice and cannot be used or substituted for legal or tax advice.

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