When a House-Senate conference committee meets in a few weeks to begin
reconciling differences in each body’s pension reform legislation, the most
profound overhaul of the defined-benefit system in a generation will come closer
to reality.
The final bill could limit the smoothing of liabilities and assets, force
companies with bad credit ratings to make higher pension payments and restrict
the use of payment credits. Separate legislation has already raised Pension
Benefit Guaranty Corp. premiums from $19 to $30 per participant.
The new rules will force businesses to change pension practices they’ve used
since the mid-1970s. Congress likely will try to pass a final bill before
mid-April, when companies must make pension payments. But for the most part,
employers are oblivious to what’s taking place in Washington.
"I know there are companies out there that don’t have a clue about what’s
going on," says Janice Gregory, senior vice president of the ERISA Industry
Committee, a Washington organization that represents about 100 large companies
on employee benefits law. "If they’re not running their numbers, they will wake
up with a hangover."
Pension reform was passed by the House in December and by the Senate in
November. Now the bills have to be melded before each chamber votes again and
sends the legislation to President Bush.
The issue is coming to a head because several large companies in recent years
have terminated pension plans, dumping them on the PBGC. The agency, which has a
$22.8 billion deficit, estimates total pension underfunding of $450 billion.
The Bush administration wants to force companies to fund 100 percent of their
pension promises to avert a potential taxpayer bailout of the PBGC. The White
House has threatened to veto pension reform it deems too weak.
Businesses say the new rules would increase pension costs and volatility. "It
reduces flexibility and provides less ability to predict what your (pension
liability) results will be," says Jon Waite, lead actuary at SEI Investments, a
provider of outsourced pension management services.
Reform proposals could increase pension liability by 3 percent to 20 percent,
depending on a plan’s characteristics, Waite says. A company with a $100 million
pension program whose costs go up 3 percent would have to pay about $500,000
more per year for each of the seven years that companies would have to amortize
funding gaps.
Conference negotiations will revolve around choosing language from each bill
for the final version. The House measure, for instance, does not impose higher
"at risk" pension payments based on a company’s credit rating; it does so if a
pension plan is less than 60 percent funded. But the Senate bill allows a more
generous calculation of the size of the payment.
Differences also exist in provisions on smoothing, the transition period to
new rules and airline relief. More so than most conferences, this one is fraught
with complexity and nuance. "You can’t boil this sucker down to two or three
issues," Gregory says. "This is huge."
Policy toward cash-balance pension plans may be the wild card. Both the House
and Senate versions declare they are not age discriminatory. But that applies
only to future plans, not to those already covering about 8.5 million workers.
"That is likely to be the most difficult issue in the conference," says Rep.
John Boehner, chairman of the House Education and the Workforce Committee.
—Mark Schoeff Jr.