ERISA Advisory Council to Study QDIAs and Health Insurance Appeals Processes

The council will report on their findings to EBSA.

The ERISA Advisory Council voted during a meeting Wednesday to focus its attention on issues related to welfare plan claims and appeals and qualified default investment alternatives. The council will study these issues and make recommendations to the Employee Benefit Security Administration later this year as per its mandate from the Department of Labor.

The ERISA Advisory Council is a 15-member advisory panel appointed by the Secretary of Labor in staggered three-year terms. Different members are appointed to represent employers, employees, the public at large, and various industries related to employee benefits. The council’s meeting on what topics to cover and the vote were open to the public.

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QDIAs

QDIAs received a unanimous vote for further study by the council. As a default investment selected by a plan for their participants, the QDIA is of increasing importance due to the proliferation of automatic enrollment in defined contribution plans.

Several proposals concerning QDIAs were consolidated during the meeting into one category. Specifically, the QDIA study group will explore the use and deployment of QDIAs, use of lifetime income options as QDIAs, and if there should be rules for QDIAs concerning liquidity.

The Lifetime Income for Employees Act was proposed in the House in June and would permit sponsors to use an annuity as a QDIA, provided no more than 50% of the participant’s contributions are invested in it, a nod to liquidity concerns around the insurance-backed product. Annuities are currently allowed to be used as QDIAs and the legislation is intended to relax requirements that funds in a QDIA must be available for withdrawal at least once every three months.

The bill has not yet advanced in the House.

Welfare Plan Appeals

The second and final topic for study is welfare claims and appeals, which nine of 15 members voted to study. This group will look at how to make welfare plans claims and appeals easier to access for participants.

Members noted that many plan participants do not know how to appeal a health insurance claim denial, or even that they can. Many participants are unjustly denied health or other welfare coverage and are unfamiliar with the processes to appeal and receive a fair review of their claim, members in favor of the study topic argued.

Other Topics

The council considered other topics that did not make the final cut. They included: behavioral economics as applied to benefit plans and why more plans aren’t adopting automatic features; retirement plan leakage; addressing conflicts of interest among boards of trustees and auditors; and appraisals of shares in Employee Stock Ownership Plans.

 Members also considered a review of pension death audit service providers in light of the Central States and Special Financial Assistance controversy in which the Central States pension fund received $127 million in SFA funds for 3,479 dead participants. This error occurred because the plan did not have access to the Social Security death master file and the money was repaid. Since death audit providers also lack access to the DMF, there was concern among some members about how an auditor can certify a death audit at all.

The council did not set a deadline for their study groups to reconvene or for their next meeting. The 15-member council will divide into two sub-groups, one to study each topic.

Record US Corporate Pension Funding Levels Largely Held Up in April

Drop in asset values was partly offset by another uptick in discount rates.

Changes to the average funded status of the largest U.S. corporate defined benefit plans were mixed in April as lower stock returns weighed on the positive effect of higher interest rates, according to monthly pension trackers from some of the country’s largest pension consultancies. The mixed results come off all-time highs booked in March.

Meanwhile, pension fund investors are on interest rate watch, with the Federal Reserve still expected to cut rates later this year depending on how inflation, employment and other economic indicators perform in coming months. To prepare for that eventuality, some pension consultants continue to recommend making liability-matching allocations to take advantage of the current higher rates.

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In its monthly pension finance update, October Three Consulting found slight declines for its two pension plan trackers. Plan tracker A, which follows pensions with traditional 60% stocks and 40% fixed income asset allocations improved modestly at less than 1%; its B tracker, which follows a “retirement” track of 20% stocks and 80% fixed income allocation slipped only a fraction of 1%.

Although funding status was slightly down, October Three sounded a positive note on the expectation of continued higher rates continuing to “provide a lift to pension finances this year.”

Pension watchers at Wilshire echoed that optimism both for April and the longer-term, with its aggregate funded ratio for U.S. corporate pension plans seeing an estimated increase in April of 1.1 percentage points, ending the month at 110.8%. The month’s uptick was based in part on a 5.2% decrease in liability value from rising Treasury yields, which outpaced the 4.2% decrease in asset value from the market declines among the corporate plans Wilshire tracks.

“April’s funded status increase resulted from the increase in Treasury yields, which led to the largest monthly decline in liability values since September 2022,” Ned McGuire, managing director at Wilshire, said in a statement. “Corporate bond yields, used to value corporate pension liabilities, are estimated to have increased by over 45 basis points.”

The 110.8% estimated funding ratio remains the “highest in decades” according to Wilshire’s tracking.

Liability Savior

Actuarial and investment consulting firm Agilis also found that the increase in interest rates, which bolstered pension discount rates by almost half a percentage point, enough for liability declines to offset losses in the market.

“For many pension plan sponsors, the decreases in liabilities most likely outweighed any asset losses creating funded status gains once again,” Agilis found. “More mature plans most likely saw slight declines in their funded status, while those with liability durations of 10+ years most likely experienced slight improvements.”

The firm cautioned, however, that pension plan sponsors looking to lock in funded status gains “want to do so quickly” with the Fed potentially dropping rates depending on how economic data turns out in the coming weeks and months.

In April 2024, the WTW Pension Index also saw gains. Despite negative investment returns, reductions in liabilities resulting from higher discount rates compensated enough for positive funding, pushing the index up by 1.3% compared to the previous month. As of April 30, 2024, the index stood at 115.8%, marking its peak since early 2001.

Additionally, as of March 29, the Mercer Pension Health Pulse, which monitors the median solvency ratio of defined benefit pension plans in Mercer’s database, stands at 118%, up from 116% recorded on December 31 of the previous year. That is the most recent quarterly data from Mercer, which notes that the solvency ratio serves as an indicator of a pension plan’s financial well-being.

In April, the overall financial health of pension plans backed by S&P 1500 firms saw a one-percentage-point rise, reaching 108%. This boost was fueled by higher discount rates, although it was tempered by a dip in equity markets. As of April 30, the total surplus stood at $117 billion, marking a $3 billion increase from the end of March.

“Pension funded status for the S&P 1500 rose one percent in April as interest rate increases more than offset losses on equities,” Scott Jarboe, a partner in Mercer’s wealth practice, said in a statement. “Equity markets fell in April as signs pointed to the Fed holding off on rate cuts. Despite the equity sell off, with inflation coming in higher than anticipated in April, discount rates also sharply rose, leading to a favorable month for pensions.”

In April, the financial health of the top 100 corporate defined benefit pension plans saw a positive boost of $14 billion, according to the Milliman 100 Pension Funding Index. This improvement was driven by a rise in the interest rates tied to corporate bonds, resulting in a $60 billion reduction in pension liabilities for the month. By the end of April, the PFI funded ratio climbed to 103.4% from March’s 102.2%, marking the fourth consecutive month of improvement in the funded status.

Off Highs

LGIM America’s Pensions Solutions Monitor didn’t see many bright spots in April’s figures. The firm estimates that pension funding ratios decreased throughout the month with the average funding ratio estimated to have dropped to 107.6% from 108.2%.

LGIM attributed the drop in part due to a decline in global stocks as tracked by the MSCI AC World Total Gross Index, down 3.2%, as well as the S&P 500, down 4.1%. Meanwhile, plan liabilities only “modestly” decreased due to rising discount rates—not enough to offset the asset decline, according to the firm.

Moreover, according to the most recent 2024 Corporate Pension Funding Study by Milliman, the funded ratio of 100 pension plans of U.S. public companies dipped marginally to 98.5% in fiscal year 2023 from 99.4% in fiscal year 2022. Despite a 7.2% investment return, it fell short of offsetting the liability growth, exacerbated by a 17-basis point decline in discount rates. Consequently, the pension deficit more than doubled  to $19.9 billion from $8.5 billion.

Milliman also noted that funding is significantly improved compared to the period 2008 to 2020, when deficits ranged from $188 billion to $382 billion. The current deficit of $19.9 billion brings corporate DB plans of Milliman 100 companies close to achieving full funding.

 

 

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