More than 4,400 current and future retirees of Constar Inc.
will be assisted by the PBGC as a result of the company selling most of its
assets in bankruptcy proceedings and the buyer choosing not assuming responsibility for
the existing pension plan.
The PBGC says it will pay all pension benefits earned by
Constar’s retirees up to the legal limit of about $59,320 for a 65-year-old.
Current retirees will continue to get benefits without interruption, and future
retirees can apply for benefits as soon as they are eligible.
The Constar Inc. Pension Plan is 66% funded with $89.6
million in assets to pay $135 million in benefits, according to PBGC estimates.
The agency expects to cover $44.7 million of the $45.4 million shortfall.
After losing Pepsi, its largest customer, Constar and its
affiliates sought Chapter 11 protection in the U.S. Bankruptcy Court in
Wilmington, Delaware, in December 2013. The company intends to sell the
majority of its assets in two separate auctions—one for its domestic assets, and
the other for the assets or stock of its affiliates in the United Kingdom and
Holland.
Currently,
the lead bidder is Amcor Rigid Plastics USA, Inc. The auctions were held on
February 6. The sales hearing is scheduled for February 10.
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Corporate employers have largely favored lump sum offerings as a means to settle pension liabilities, but changing market conditions could buck the trend this year.
Terry Dunne, managing director for the Millennium Trust
Rollover Solutions Group, tells PLANADVISER that an unprecedented number of
lump sum payouts have been offered by corporate pension plans in recent years.
Dunne’s firm explores the trend in a new whitepaper, “Managing Risk and
Opportunity: Trends and Challenges in Defined Benefit Plans,” and finds several
causes for the popularity of lump sum payouts.
One cause is the final stages of implementation of the
Pension Protection Act of 2006, which in 2012 changed the basis for calculating
lump sum offerings to be more favorable to employers. Additionally, the Moving
Ahead for Progress in the 21st Century Act (MAP-21) recently created a floor
for the discount rate used to value plan liabilities, which had the effect of
lowering what many plans must pay to participants when doing a lump sum
settlement.
Those factors, along with increasing per-participant
insurance premiums assessed by the Pension Benefit Guaranty Corporation (PBGC),
have made lump sum offerings especially attractive to corporate employers,
Dunne says (see “Premium
Hikes Shake Up Buyout Landscape”). Citing a Towers Watson study, the
Millenium Trust report finds nearly six in 10 corporate plans have offered or
plan to offer a lump sum benefit payout to some or all participants. And among
those plans that offer a lump sum, acceptance rates by eligible participants
often exceeds 60%.
In
general, a lump sum offering can help sponsors of defined benefit (DB) plans
reduce risk by decreasing the assets and liabilities in their plans—which in
turn means lower operational costs and less financial risk to the sponsoring
organization.
Dunne points out there may be both favorable and unfavorable
tax implications for participants in accepting lump sum offerings, so it's not
a fit for every plan or participant. And while it’s usually a somewhat simpler
operation than engaging with an insurance company to annuitize pension
liabilities, offering a special lump sum distribution to participants still
requires careful consideration on the part of plan sponsors and advisers to
ensure all the stipulations spelled out in plan documents and applicable
regulations are met.
Many companies using lump sum distributions turn to
automatic IRA rollovers to transfer participants who can’t be located or who
are non-responsive. Dunne says there are many firms, including his own company,
which can deliver strong service in this area and prevent many sponsor and
adviser headaches.
“We’ve found that there are going to be people that are
missing or just don’t respond during the process,” he says. As long as the
balance for lost participants is under $5000, Dunne says sponsors can usually
roll those assets over into an IRA. "That’s actually how we became
interested in this whole conversation in the first place—by getting involved at
the tail end of these operations at major corporations, trying to find the lost
participants.”
“One of the considerations for employers is that, you want
to do something that meets the requirements of the plan documents and the law,
but is also attractive to participants,” Dunne says. “We’ve found that many
participants see the lump sum option as very attractive.”
Dunne says participants simply like the idea of controlling
their own retirement savings, despite the fact that it means they will have to
take charge of asset allocation decisions and all the other intricacies of
retirement planning. Participants also like the idea of being able to pass on
their retirement savings should they die earlier than expected, he says.
“They want to know that, if they were to die in four months,
a lot of that money will be left to be passed on to a spouse or family, rather
than just going to the insurance company,” Dunne says. “Participants know that
an annuity is gone when you and your spouse are gone, but a lump sum allows you
to hold the assets. You can use that money as an estate gift or whatever.
There’s a lot of interest here from the participants.”
Dunne
is quick to acknowledge the library of industry research suggesting the
opposite approach may be the best—that when given control of their retirement
savings, large numbers of workers don’t make informed decisions and may even
harm their retirement readiness. Dunne says DB sponsors should consider these
dangers when doing a lump sum payout.
“The obvious other side of that coin, and a wider question
for the industry and America, is what happens if the individual gets their
hands on that money too early or they invest it poorly?” Dunne says. “That’s
the wider problem we’re seeing today. Individuals by and large just don’t have
enough to save well enough for their own retirement.”
Dunne says it should only be a matter of time before the
other options that exist for corporations to offload pension liabilities gain
as much traction as the lump sum distribution—especially buyouts from insurance
companies.
“The biggest reason there is just the market,” Dunne
explains. “The investment markets have just picked up so much in 2012 and then
again in 2013. That means the asset levels within these plans are much higher
than they have been in recent years, so plan sponsors really have the
opportunity to do a buyout simply because they have the assets again.”
But even with strong market improvements over the last few
years, most corporations are still in a holding pattern on pension buyouts,
Dunne says.
“I think that a lot of organizations are still waiting to
see how the frontrunners are doing,” Dunne says. “They go to conferences, they
meet people and they talk about it, but they're still waiting. Given the market
conditions and the rising interest rate environment, I would imagine that
within the next few years, many of the major corporations will be taking some
action. That’s clearly what our study and other studies show. Almost all
organizations that you poll say they are committed to do something within the
next couple years.”
The report stresses that appropriate strategies for
de-risking will depend on the current financial environment and relevant
discount rates, as well as the plan’s objectives, funded status, and the size
of the obligations. Having accurate participant census data is critical, the
report explains, especially if a plan sponsor has decided to pursue more
substantial settlement activities.
Information
about how to obtain a copy of the Millennium Trust study on trends and
challenges for DB plans is available here.