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A Penchant for Pensions?

Legislation

I’m not sure how old I was when I first saw “Night of the Living Dead”—but I have long been intrigued by stories of a zombie apocalypse—where mindless beings inexplicably rise from the dead, with no memory of their past, just a relentless (and apparently insatiable) hunger for…well, “us.”

That is perhaps an unfortunate comparison to last week’s hearing by the Senate Health, Education, Labor and Pensions (HELP) Committee, one ostensibly held to focus on how we were going to stave off the retirement “crisis” by…bringing “back”[i] defined benefit plans.[ii]

There were two fundamental premises underlying the hearing; first that there is, in fact, a retirement crisis, and second, that the restoration of defined benefit plan designs would remedy that situation. 

There remains in many circles (including last week’s hearing) a pervasive sense that the defined contribution system is inferior to the defined benefit approach—a sense that seems driven not by what the latter actually produced in terms of benefits, but in terms of what it promised. Even now, it seems that you have to remind folks that the “less than half” covered by a workplace retirement plan was true even in the “good old days” before the 401(k), at least within the private sector. And when it comes to defined benefit plans, it was significantly less than half.

And while you can (eventually) wrest an acknowledgement from those familiar with the data, almost no one EVER talks about how few of even those covered by those DB plans put in the time required to vest in their full pension (particularly prior to the Tax Reform Act of 1986, which accelerated vesting schedules). Those who demonize the 401(k) are never asked to speak to the “coverage gap” that was actually wider when defined benefit structures were “in vogue,” nor called for an accounting of the shortfall between the actual benefits delivered versus the “promise.” And yet, those 401(k) critics in last week’s hearing—with a straight face—held forth on how much better things would be…if only defined benefit plans would come back.

Don’t get me wrong—defined benefit plans continue to serve a valued societal purpose (not the least of which the income they provide my 93-year-old mother, though given the state’s finances, she remains concerned how long they will last), though they tend to work “better” in the public sector and among unionized workforces, where one’s profession and job tenure tend to be less volatile. That said, it’s not like there was some kind of cataclysmic event that wiped them out overnight in the private sector. Rather, their demise was one of a hundred painful “cuts”—all well-intentioned, of course. 

There were (and are) premiums to provide insurance backing for plans that “fail,” disclosures to try and avoid (unexpected) failures, demands for a full accounting of the potential financial obligations those plans represented for the organizations that sponsor them, and finally a demand that those financials be moved from footnotes to the corporate balance sheet itself. At any number of points along that continuum, one could well understand and appreciate why employers would choose to step away from that burden—and they did. 

Moreover, with few exceptions they were able to do so without opposition from employees—who typically didn’t (and largely still don’t) appreciate the cost or benefit of a promise that won’t come to fruition until years, if not decades, beyond the date they expect to be employed by the firm making that promise. And that ignores a criticism highlighted by several in the hearing—that these programs aren’t always well-managed or funded to provide those promised benefits.         

Yes, a fully funded, fully vested benefit that you’ve paid nothing for is certainly a good thing. Little wonder that a recent survey (by one of those firms represented at the hearing) suggested a massive public clamoring for the alleged panacea of these programs. And considering the plethora of headlines proclaiming the dire straits of today’s retirees, who can be faulted for clinging to a benevolent notion of a simpler time when someone else worried about such things?

All that said, there was little in the way of actual data at the hearing to suggest that a return of DB (certainly at the expense of the 401(k)) would actually resolve the issues. Mostly the witnesses focused on the alleged shortcomings of the current system (albeit with some sharp differences in conclusions, and a brief debate about the different results one gets from actual data versus surveys reliant on what people think in terms of establishing whether or not there is an actual crisis), alongside some optimism that SECURE and SECURE 2.0 had laid the groundwork for potential improvement in coverage, sufficiency and decumulation options. If there was a consensus, it might have been that we need to address the projected shortfalls in Social Security benefits—and, truly, if that isn’t, then we really will be looking at a crisis.

The thing that makes cinematic zombies so terrifying is that there are so many of them—and that they keep getting up and pursuing you no matter how much damage you inflict.[iii] That, and they manage to “convert” more with a simple bite. Let’s face it—a truly serious look at the retirement “crisis” would acknowledge that under traditional vesting definitions and job turnover rates in the private sector, defined benefit designs are, at best, a dubious solution. 

A penchant has been described as an irresistible attraction, as someone having a “penchant” for taking risks. 

A more practical one would be to look at a system that is already in place and working for those with access—and talk about ways to make THAT reality a reality for all.

 

[i] In fairness, there are still defined benefit plans about, even in the private sector—though they are considerably fewer than they were a generation ago, and many are frozen or in termination status. 

[iii] Well, except for the occasional well-placed headshot.

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All comments
Dallas Salisbury
1 month 3 weeks ago
Some things never change. In 1979-1980 National Journal held a series of roundtables and published a number of special sections funded by Xerox Corporation to inform work of the President's Commission on Pension Policy which was chaired by the Chairman and CEO of Xerox Corporation. One of the roundtables was on portability in defined benefit plans. At that point nearly all DB plans were annuity at retirement designs with 10 year cliff vesting. The Employee Benefit Research Institute (EBRI) presented job tenure information at that meeting which was most recently updated in a January 2023 Issue Brief (#578). With regard to DB pensions it concluded: Defined Benefit Plans — Since defined benefit (DB) pensions that are final-average plans have formulas based on tenure and final average salary, workers who change jobs may not receive the maximum potential benefit from this type of plan because they do not remain with the same employer for extended periods. In fact, short-tenure workers (with less than five years in their jobs) may not qualify for any pension benefit at all due to five-year cliff vesting schedules. Since the median length of employment for all wage and salary workers ages 25 or older is 4.9 years, even the decreasing number of American workers who are currently participating in a final-average DB plan are unlikely to receive a significant benefit from the plan." Like your mother, Nevin, my father got a monthly check from a DB pension. He also was provided retiree medical until his death at 93 years and 10 months. The employer he got them from is still a major provider of employee benefits to other employers, but terminated the DB plan in 1990 and ended its retiree health in 1984 for current workers and future retirees. I sat next to the CEO at a dinner in 1992 and asked why they had ended the programs. His answer was costs created by ERISA and subsequent vesting and funding rules and regulations from the government and FASB, and the PBGC. He opined that the system could have continued to provide for the about 10 % of workers that were hired and then still with them at age 65 when they could get benefits. The CEO noted that they were true "retirement plans" as opposed to the savings plans they now sold and serviced, noting that his insurance company no longer offered DB plans to other employers, and that Cash Balance plans should never have been deemed DB plans. The type of Pension Portability promoted at that National Journal roundtable by the President of the Pension Rights Center would have simply accelerated the decline of DB plans. Cash Balance Plans might never have risen as a design and the shift to DC likely would have been even more rapid. It is somewhat ironic that the hearing praised IBM for re-opening a Cash Balance Plan and nearly eliminating the DC match - when it would appear the only reason was to make use of the pension surplus that was locked in the plan as a result of 1990's legislation. When the markets change and funding again drops below 100% I fully expect IBM will again freeze the plan and cut off new entrants. Last time they increased the DC match significantly to keep employees happy. Hopefully they will do that again. As long as our unsustainable public and private single and multi-employer DB plans continue there will be many retirees that are better off, but at the end of the line, when the unions and employers and the nation have to face up to dealing the cash needs of Social Security, Medicare and Medicaid, and the US Deficit, millions will find themselves dropping off a security cliff. Unlike the past, there will be no one to bail them out. Millions will wish they would have been treated like I was, if they knew my history. When hired at EBRI in 1978 as the first employee I was promised three years of employment as EBRI was created because of the annoucement by President Carter that he would be appointing a Pension Commission. In 1982 officers asked me to continue EBRI and promised they would establish a DB plan and provide retiree medical. In the later 80's the officers informed me that the world had changed and they would not provide a DB plan, but would provide me with top up payments on all salary beyond the DC limits, gross them up, and for me alone, provide grossed up payments for retiree medical savings. Come 2003 the officers told me they wanted to end the savings payments for retiree medical. It is worth noting that almost all of the C suite executives who were my officers at these benefit decision points were pension and health acutaries. By 2003 none of these firms still had an open DB pension plan or retiree medical plan while several had converted to Cash Balance Plans. And, since I retired from EBRI in 2015, what was a generous 401(k) match establised when EBRI terminated a 5% integrated Money Purchase Pension Plan and shifted the match to the 401(k) plan, has been dramatically reduced. I watched the Senate hearing with a sense of Deja Vu that so many manage to ignore the facts and the hard data on DB plans in today's world, the ongoing decline, and the economic reasons for it. For all the warts of DC plans, and accepting that they were never established in the tax code to replace DB plans, thank goodness they have been there to assist in the inevitable transition created by public and private laws and rules and regulations. As the extensive work published by EBRI and undertaken for decades by Professor Jack VanDerhie and his research team, as as indicated by the job tenure publications by Craig Copeland, PhD, tens of millions of "short" tenure workers (5 years to 20 years max) are better off in this new world. It was no accident that the US Goverment decades ago to primary reliance on the Federal Thrift Savings Plan of that the Military did so early in this century. Both assured that the majority of those they hired would actually get some retirement savings instead of next to nothing, while most of the "deferred" compensation accrued to the 25% or less that spent a "career" with the civil service of the military. I am old and very glad I have my Roth IRA. I have no dought that I will live longer than a DB plan created by EBRI in the 80's would have lasted; and certain that I will outlive payments that would needed to come from the EBRI operating budget for retiree medical had I accepted an unfunded promise "for life health reimbursement" as opposed to a medicated settlement. The fiscal irresponsibility of governments and employers and unions - and yes, my former employer the PBGC - and their ongoing willingness to change the rules after a promise is made and to actually take a way a promise - should make everyone want a DC contribution - not what could become an unfunded DB promise and nonpayment. I am already planning for major reductions in Social Security and Medicare. I am creating my budgets with that in mind, and advise all those who care about retirement and health security to do the same. The pro DB witnesses at the Senate hearing live in a dreamworld that would, if enacted, lead to nightmares for millions as they fight to suvive after losing promised benefits. Deja Vu. Dallas Salisbury EBRI, 1978-2017 (ChooseToSave - Happily retired on DC accounts)