The Department of Labor filed a lawsuit to restore $7 million to participants in two Wheeling, West Virginia-based retirement plans, following alleged misconduct by plan fiduciaries.
The Department of Labor (DOL) says it filed the suit on
behalf of participants in the Wheeling Corrugating Company Retirement Security
Plan and the Salaried Employees’ Pension Plan of Severstal Wheeling Inc. The
department seeks to correct fiduciary breaches by the plans’ investment manager
and plan administrator, which caused the plans to sustain losses and lost
earnings in excess of $7 million.
“This case underscores the department’s commitment to hold
fiduciaries accountable when we believe they have failed to meet their
obligation to protect plan assets,” said Assistant Secretary of Labor for
Employee Benefits Security Phyllis C. Borzi.
An investigation conducted by the department’s Employee
Benefits Security Administration (EBSA) found that from Nov. 3, 2008, through
May 19, 2009, the plans’ assets were imprudently invested by the plans’
fiduciaries, including the Severstal Wheeling Inc. Retirement Committee.
Specifically, the DOL suggests committee members Michael DiClemente and Dennis
Halpin—and WPN Corp. and its owner Ronald LaBow, who had been hired as the
plans’ investment manager—committed the breaches.
The suit also alleges that the retirement committee and its
members failed to properly oversee the plans and monitor the actions taken by
WPN and LaBow.
Filed in the U.S. District Court for the Western District of
Pennsylvania, the suit seeks to order the defendants to restore to the plans
all losses, including interest or lost opportunity costs, caused by their
fiduciary misconduct. It also seeks to remove the retirement committee as
fiduciaries for the plans and appoint an independent fiduciary with authority
to manage the plans. The plans previously terminated their relationship with
WPN and LaBow.
The case resulted from an investigation conducted by EBSA’s
Philadelphia Regional Office. The department’s Regional Office of the Solicitor
in Philadelphia is litigating the case.
The
civil action was filed as Perez v. WPN
Corp., et al. More information is available at www.dol.gov/ebsa.
Society of Actuaries Pledges Faster Mortality Scale Updates
More than a decade passed between the two most recent mortality table updates from the Society of Actuaries, but retirement plan fiduciaries should expect the next updated mortality improvement scales long before 2024.
In a recent interview with PLANSPONSOR, Dale Hall, managing director
of research for the Society of Actuaries (SOA), said one of the Society’s goals
is to significantly increase the frequency of mortality data updates. He said
the Society’s Retirement Plan Experience Committee, which drives the massive
research effort underlying the periodic mortality table updates, has created a
goal to update its mortality improvement scales at least every three years.
“This came out of the fact that we’ve identified a pretty sizable
list of things in our most recent report that will further drive mortality improvements
over the coming years,” Hall noted. “It’s not news to say there are really striking shifts in
mortality trends occurring in the United States. We feel it is important to
bring faster and up-to-date recognition of where we are on mortality.”
Retirement plan sponsors may flinch when they hear the
Society wants to introduce mortality updates more often, Hall admitted. Good
news of added longevity aside, sponsors of defined benefit (DB) plans rely on the
mortality tables to assess their pension liabilities and liquidity needs. Many worry
about the revised
numbers, which will likely cause increased liability and lowered funded status
for the typical U.S. pension plan. Hall says the SOA itself predicts between 4%
and 8% liability growth for a typical pension plan upon adoption of the new
tables.
It’s not just the SOA urging plan sponsors to consider the
impact of increasing longevity on pension plan funded status. A recent report
from rating agency Moody’s found U.S. companies will have to divert $110
billion in the next seven years to fund additional pension liabilities arising
from increased life expectancy. Using data from mortality tables published by
the SOA, Moody’s calculated significant increases in the amount of cash firms
would have to contribute to their pension plans in order to match
growing liabilities. Moody’s suggests this environment will push more sponsors and employers to consider pension risk transfers and other means of paying down benefit
obligations before the new tables actually take effect.
Moody’s
even applied the 4% to 8% increase in the funding obligations for 10 of the biggest
listed companies in the United States. At the top of the list sits IBM’s funding
obligations for its pension plans, estimated at $99.7 billion in 2013. Moody’s calculations showed
this could increase to as much as $113.6 billion at the top end of the SOA’s
new assumptions.
Hall was quick to point out that more frequent mortality updates
should actually prevent funding shocks for plan sponsors and fiduciaries,
rather than create more. More frequent updates may mean more frequent mortality-driven
increases in pension benefit liabilities, he admitted, but presumably the increases would be
much smaller and regularly timed, and therefore much more manageable.
The SOA says the new mortality figures come from a
peer-reviewed study of real retirement plan mortality experiences of
participants in U.S. defined benefit plans—representing 10 million life years
and over 220,000 deaths. In short, both men and women show approximately two
years’ additional lifespan over SOA’s earlier tables. This will impact
different plans more and less significantly, Hall said, based on their demographic
profile and design.
“If you have a plan that is closed and there are not very
many young participants, that might increase the impact of the new tables to some extent,” he said. “I’m sure you could come
up with a lot of combinations that would be higher or lower, but for a typical
plan, we’ll see a 4% to 8% liability increase.”
Of course, significantly accelerating such a substantial
research effort will not be easy. Just the rollout process of the most recent
tables started back in February 2014 with the release of an exposure
draft, Hall noted. This was followed by a comment and review period that ran
from February through the end of May, leading to additional tweaks and adjustments
and peer review—and that was just the rollout of the finished tables. Hall said the initial research
phases started as far back as 2009, when the Plan Experience Committee began collecting
data from many different sources across the retirement plan and health care communities.
“From the beginning we were walking through independent
reviews and audits, and after that process we had to get approval from the
board of directors,” Hall added. “It’s an extensive and scientific process that
leads up to the conclusion that, yes, these are the accurate tables. It will
not be easy to accelerate the process, but we feel it is important to put this
information out so that practicing actuaries can work with plan sponsors and
auditors to make truly informed decisions in managing their pension obligations.”
Full
versions of the 2014 Mortality Tables (RP-2014) and 2014 Mortality
Improvement Scale (MP-2014) are available here.