Pittsburgh Brewing to PBGC: Take Our DB Plan

June 29, 2005 (PLANSPONSOR.com) - A Pennsylvania beer company known for its aluminum bottles has warned that it will close up shop entirely unless it is allowed to terminate its ailing pension plan.

Pittsburgh Brewing, maker of the well-known Iron City Beer, told the Pension Benefit Guaranty Corporation (PBGC) that it has lost $1.2 million from operations over three years, that it hasn’t made almost $900,000 in required pension contributions due since October 2004, and that the pension program is running a $5.6-million deficit, according to a news report from the Pittsburgh Post-Gazette. The plan covers about 530 current and former workers.

“Unless the plan is terminated, [Pittsburgh Brewing Co.] will be unable to continue in business,” lawyers for the brewery told PBGC officials in a letter dated April 29 obtained by the Post-Gazette.

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The company’s pension plan covers salaried and hourly workers and pays about $1.6 million in benefits annually. Benefits were frozen when two plans were merged in 1995 into one program that is now about 70% funded, according to the newspaper.

Additional quarterly pension contributions of $455,000 are required next month and again in October.

As part of its case made to the PBGC that its financial distress is so acute that it needs to dump its pension plan on the private-sector pension insurer, Pittsburgh Brewing said that:

  • it would not provide an annual financial statement because it couldn’t afford the $65,000 to hire an auditor
  • lenders won’t finance $4 million in much-needed plant improvements because of the underfunded pension plan. The projects include replacing a 45-year-old keg system and $1.5 million to replace a 65-year-old boiler, which generates steam that powers equipment.The company said it was recently fined $300,000 because the boiler doesn’t meet pollution control requirements.

The news report said that Pittsburgh Brewing’s PBGC filing does not mention claims against the brewery by the Allegheny County Sanitary Authority, which says the brewery owes about $2.5 million in unpaid sewage bills. The brewery also did not mention tax liens for unpaid unemployment compensation taxes. According to Allegheny County court documents, the state’s Department of Labor and Industry is seeking $120,500 that was due for the first quarter, the Post-Gazette said. A similar lien was filed by the agency last year.

More information about the company is at http://www.pittsburghbrewingco.com/index.php .

Executives Fired over Stock Option Dating Issue

May 17, 2006 (PLANSPONSOR.com) - Vitesse Semiconductor Corp. has terminated its chief executive officer (CEO) and chief financial officer (CFO) as a result of its internal probe into possible improper dating of stock options.

The Wall Street Journal reports that Executive Vice President Eugene Hovanec has been terminated in addition to CEO Louis Tomasetta and CFO Yatin Mody.   The three had been suspended in April, a decision the company said was related to the “integrity of documents” involving its stock option program.

Vitesse later delayed its quarterly report and hired a turnaround firm after it said its board had discovered additional accounting issues that called into question more than three years of financial results, according to the WSJ.

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Analysis of options awards at some companies has shown that executives benefited from extraordinary timing, getting grants dated at times when share prices hit lows. The “strike price” on options generally is equal to the market price on the day they are granted by a company’s board. The lower the strike price, the greater the chance for future profit, the news report said.

The SEC is examining whether the effective dates on some of those options were deliberately and improperly backdated.   Earlier in the month UnitedHealth said the SEC was conducting an informal inquiry into its stock option practices (See UnitedHealth Under Fire for Stock Options).

According to the WSJ, several weeks ago, the CEO and two other officials of Comverse Technology Inc. resigned during a board probe of possible backdating of stock options grants.

Tomasetta and Mody were replaced by Christopher Gardner, the acting CEO, and Shawn Hassel of Alvarez & Marsal LLC, the acting chief financial officer.

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