2009 pension funding regulations
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The New Pension Funding Regulations:
They’re Not All They Appear to Be
November 4, 2009
Jim Van Iwaarden Consulting Actuary Van Iwaarden Associates Minneapolis, Minnesota
Jim Van IwaardenConsulting Actuary
Van Iwaarden AssociatesMinneapolis, Minnesota
Mr. Van Iwaarden is a consulting actuary known for innovative retirement plan design, and a frequent speaker on retirement issues. He has over 30 years’ experience in employee benefit consulting, with his own firm since 1991 and national firms before that. Mr. Van Iwaarden is a Fellow of the Society of Actuaries, an Enrolled Actuary, a Fellow of the Conference of Consulting Actuaries, and former ‘ERISA Jeopardy’ champion. He holds a BS in math, with highest honors, from the University of California.
Topics
PPA refresher: funding and benefit restrictions
Differences between proposed and final regs
Surprising provisions
Funding strategies
Credit balance management
Poll #1
I am:
A. A plan sponsor, serving my employer’s plans
B. A practitioner, serving many plans
C. A casual observer
PPA Refresher:The New Language
Old Name New Name Differences
Credit BalanceCarryover Balance (COB),Prefunding Balance (PFB)
(still call them “credit balances” together)
Many!Use, generation, roll
forward, waivers
Current Liability (CL) Funding Target
Based on 3-segment smoothed
or full “spot rate”yield curve
Funded CL PercentageFunding Target Attainment
Percentage (FTAP), Adjusted (AFTAP)
Credit balances usually deducted
from assets
Unfunded CL Shortfall Based on funding target
PPA Refresher:New Minimum Contribution
Minimum required contribution (MRC) is:
target normal cost
PLUS shortfall amortization (7 years)
MINUS credit balance (sometimes)
PPA Refresher:Funding Goals
Most phased in 2008 – 2011
Consequences for not reaching goals
Some WRERA relief
PPA Refresher:Funding Goals
AFTAP Consequences of Underfunding WRERA Relief
60% in 2008“Hard” benefit restrictions:
No benefit accrualsNo lump sums
No shutdown benefits
Can “smooth” (rather than average) assets over two years
Small cashouts (under $5000) exempt from restrictions
Use max (2008, 2009) AFTAP for freeze threshold
65% in 2008 to 80% in 2011
At-Risk status for plans with >500 participants:
Higher funding targetNonqualified funding restrictions for top 5
No relief
PPA Refresher:Funding Goals (continued)
Goal / Phase-In
Consequences of Underfunding WRERA Relief
80%
Can’t use credit balance to reduce next year’s contributions
“Soft” benefit restrictions:No benefit increase amendmentsLump sums limited to smaller of:PBGC guaranteed benefit, and
50% of accrued benefit
Asset smoothing
Small cashouts exempt
92% in 2008 to 100% in 2011
No phase-in if 2007 old-law “deficit reduction contribution”
No phase-in if shortfall amortization charge
Amortizationbased on phase-in,
not 100%
100% Quarterly contributions next year No relief
PPA Refresher:Valuation Deadlines
Until the actuary certifies the AFTAP, it’s assumed to be:– the same as last year, for the 1st 3 months– 10 percentage points lower, after that– under 60% (at-risk, “hard” benefit restrictions)
if not certified after 9 months Can issue a temporary “range” certification
Differences: Final Regs vs. Proposed
Automatic approval to change asset method and yield curve until 2010
“Range” AFTAP certification extends deadline to EOY for final AFTAP cert
Differences: Final Regs vs. Proposed
“Standing” election to apply credit balances toward minimum contributions, and/or to generate prefunding balances
Can revoke unneeded election to apply credit balance, by EOY
Differences: Final Regs vs. Proposed
New definition of collectively bargained plan: 25% of all participants are union, or 50% of benefiting actives are union
The second part is new
Delayed §436 effective date for coll barg plans Benefit restrictions won’t apply until 2010
Poll #2I believe plan amendments adopted after the valuation
date can be recognized:
A. Always
B. Most of the time
C. Only in cases of substantial business hardship
D. Never
Surprising Provisions
Can you recognize plan amendments adopted after valuation date?
In proposed regs, the answer appeared to be only for substantial business hardship
In final regs, it’s clearer But you must broaden your reading of the
Internal Revenue Code
Surprising Provisions (cont’d)
Can you recognize plan amendments adopted after valuation date?
Yes, with §412(d)(2) election But for §412(d)(2) you must: ignore the part about amendments after EOY, and ignore the part about reducing accrued benefits, and check the box on form 5500, schedule R
Surprising Provisions (cont’d)
Confiscated credit balancesPresumed AFTAP at BOY = same as last yearSuppose last year’s AFTAP is just under 80%:
“deemed election” waives some of balance if there’s enough to avoid benefit restrictions
Deemed election is irrevocable, even if actual AFTAP comes up over 80% without waiving
IRS ignored comments on similar provisions in proposed regs
Funding Strategies
Want to avoid hassles & restrictions <60%: hard restrictions, at-risk for larger plans <80%: soft benefit restrictions <100%: quarterly contributions, shortfall amort
Cherry-pick interest rates & asset method for 2008 and 2009
PPA maximum deductions are HUGE Contribute to avoid restrictions, when feasibleManage credit balances to avoid hassles
Credit Balance Management
When to keep COB’s & PFB’s
When to get rid of them
When to not even generate them
Credit Balance Mgmt (cont’d)
Watch out! Several versions of FTAP:For AFTAP cert, deduct PFB & COB if assets<FTFor quarterly trigger: always deduct PFB & COBFor shortfall exemption & CB use: deduct only PFB
Can have quarterlies even if LY AFTAP>100%
COB’s are slightly better than PFB’s
Credit Balance Mgmt (cont’d)
Want to keep credit balances when: assets – (PFB + COB) > funding target
Why? no required quarterlies next year when funded
status (on this basis) is 100% or more can use credit balances to offset minimum contr
What to do?waive enough COB & PFB to reach 100% on this
basis
Credit Balance Mgmt (cont’d)
Want to (or have to) get rid of balances when: assets – (PFB + COB) < 60, 80 or 100% of FT
Why? <60%: hard benefit restrictions, at-risk status <80%: soft benefit restrictions, can’t offset min contr <100%: quarterly contributions next year
What to do?mandatory waiver to avoid benefit restrictionswaive enough to reach 100% funding
Credit Balance Mgmt (cont’d)
Don’t generate new prefunding balances when you’re waiving to reach 60, 80 or 100%
Why?COB’s are slightly better than PFB’s carryover balances must be waived before PFB’s generating new PFB’s forces waiver of more COB’s
What to do? don’t elect to generate new PFB’s, or revoke standing PFB election, if you’ve made one
What We’ve Covered
PPA refresher: funding and benefit restrictions
Differences between proposed and final regs
Surprising provisions
Funding strategies
Credit balance management
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