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US: federal pension insurance program edges toward bankruptcy
By Jamie Chapman
20 December 2004
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In what the Wall Street Journal describes as a slow
motion train wreck, the Pension Benefit Guaranty Corporation
(PBGC) posted results last month of a $23.3 billion deficit, up
by $12.1 billion in just one year. The PBGC is the government
agency set up in 1974 to take over payment of workers pensions
when their corporate sponsors abandon them.
Over the last three years, the PBGC has suffered losses amounting
to a whopping $30 billion. The Wall Street Journal estimates
that in 16 years the insurance program will run out of money to
pay benefits.
Because of the large numbers of bankruptcies in the last three
years, the number of people for whom the PBGC was responsible
for benefits payments reached 1.1 million compared to 924,000
last year. The total payouts to pensioners exceeded $3 billion,
dwarfing the $1.5 billion in premiums collected from companies
insured under the program. The number of underfunded pension terminations
rose this year to 192 from only 155 at this time last year.
When US Airways, in bankruptcy for the second time, stopped
contributions to its pension plans, it owed its workers $2.3 billion,
over which the PBGC assumed the bulk of responsibility. United
Airlines, also in bankruptcy, has applied to the court to suspend
further pension payments. The company is underfunded so far by
$8.3 billion, of which $6.4 billion would be taken over by the
PBGC if the pensions are terminated. The employees will be left
holding the bag for the rest.
When corporate pensions go bust, even if the government insurance
kicks in, workers often receive significantly reduced benefits.
Pension increases negotiated over the last five years before the
plans termination are sharply reduced. Early retirement
sweeteners are not included at all.
Higher-paid workers such as airline pilots are subject to maximum
payments that are often well below the amounts they were due.
The current maximum is $44,386 per year for those who retire at
age 65, with reductions for earlier retirement.
In addition to outright bankruptcies, the PBGC deficit reflects
a corporate trend of refusing to set aside money for retirement
benefits that they have promised. When the stock markets were
booming, the return on assets invested in pensions exceeded the
returns needed to meet expected future payouts, thus allowing
corporations to book the difference as income.
With the stock market declines and low-interest rates prevalent
over recent years, pension investments have soured, leaving funds
far short of the amount required to pay future pension obligations
and many corporations showing a loss on their pension accounts.
To make up the difference, companies are either reducing their
pension benefits or walking away from them altogether. They leave
them without funding, and simply turn responsibility over to the
PBGC.
The 1974 Employee Retirement Income Security Act (ERISA), under
which the PBGC was created, requires that companies whose pension
obligations are less than 90-percent funded make catch-up
payments. However, reform legislation passed by Congress
last fall exempted airlines and manufacturers from making the
required payments for up to 30 years. These industries are among
the most behind in funding today, and they have in the past saddled
the PGBC with the largest deficits when they terminated their
plans.
Companies operating under the protection of bankruptcy courts
are also often exempt from contributions to pension funds that
are otherwise legally required.
Bethlehem Steel, for instance, made no cash contributions to
its pension plans in the three years before it went belly-up,
leaving a $4.3 billion shortfall at the time the PBCG stepped
in. Similarly, US Airways omitted four years of contributions
to the pilots pension fund, leaving it $2.5 billion short
when the bankruptcy judge sanctioned the termination of the plan.
Companies like United Air claim that they have no hope of emerging
from bankruptcy unless they are relieved of pension obligations
to their 119,000 workers and retirees. United currently owes more
than $800 million in overdue payments.
The off-loading of pension liabilities onto the federal insurance
program has just become another tool for company cost-cutting
at the expense of the workers. Bradley Belt, executive director
of the PBGC, testified before a congressional hearing in October,
I am particularly concerned with the temptation, and indeed,
growing tendency, to use the pension insurance fund as a means
to obtain an interest-free and risk-free loan to enable companies
to restructure. Unfortunately, the current calculation appears
to be that shifting pension liabilities onto other premium payers
or potentially taxpayers is the path of least resistance rather
than a last resort.
The PBGC has only $39.0 billion in assets to cover $62.3 billion
in liabilities as of September 30, 2004. In addition, the financial
statement lists another $96 billion in reasonably possible
liabilities as an estimate of the unfunded vested benefits
in pension plans sponsored by companies at greater risk of default.
Belt estimated the total level of underfunding in the private
pension system at more than $350 billion last year. It has no
doubt gone up considerably since then.
Because pensions are paid out over several decades, Belt assures
that for a number of years the PBGC has enough funds
to pay benefits to those already in the system. He testified,
however, that the longer-term solvency is at
risk, and warned of the possibility of a taxpayer bailout
similar to that of the savings-and-loan crisis of the 1980s.
He also pointed out that unlike the Federal Savings and Loan
Insurance Corporation (FSLIC), the PBGC is not backed by the full
faith and credit of the federal government.
It is quite possible, then, that if the PBGC becomes insolvent
(which it technically is already), both current and future retirees
will be left without pensions altogether, except for Social Securityalso
under attack by the Bush administration.
See Also:
United Airlines announces deferment
on pension payments: Major airlines continue assault on US workers
[20 July 2004]
Whats behind the attack
on pensions and social security?
[4 March 2004]
Why are retirement
pensions under attack?
[17 November 2003]
Workers pensions
in jeopardy
US: $400 billion deficit in pension plan funding
[25 September 2003]
Corporate bankruptcies
exhaust US pension guaranty fund
[29 January 2003]
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