Benefits in 'Crisis,' but Employers Staying the Course

Despite the tumultuous environment, most plan sponsors seem to be committed to staying the course, at least for now.
According to a survey of roughly 500 human resources and benefit executives conducted in February by professional services firm Towers Perrin, nearly half of defined benefit (DB) plan sponsors have closed those programs to new participants, and just 3% plan to do so in the next 18 months. Of the remainder, 10% reported their company was considering the issue, leaving 43% indicating they had no such plans. More than two-thirds (69%) reported they have no intention of modifying their DB plans for current participants.
On the defined contribution (DC) front, fewer than 10% of respondents have suspendedor plan to suspendcompany contributions to DC plans. Granted, nearly one in five (19%) are considering the action, but nearly three-fourths of respondents have no such intentions.
As for workers, more than half (59%) of respondents said they believed employees planned to postpone retirement in light of the current economic climate. Moreover, 43% of respondents reported that employees were increasing loans and hardship withdrawals from DC plans, while 38% noted declining overall participation in the plans. Only 7% predicted any uptick in 401(k) participation.
While companies appear to be trying to keep their programs as consistent as possible, the survey results did underscore the current mood of trepidation in the workplace, given the financial pressures many people now face.
In the face of these actions, employers generally are stepping up efforts to address employee concerns through heightened communications and education, and to position benefits as part of a more holistic total rewards package, or “deal,” with employees.
Amid worries about their 2009 performance (56% of respondents expect to see revenues decline, in some cases by as much as 20% or more), a fair number of respondents see the economic crisis as a catalyst for constructive action, according to the report, which noted that:
  • 70% of employers are increasing communication to address employee concerns, and more than 57% said they were not cutting back on investments in benefit communication or education;
  • 53% are trying or considering new benefit strategies they would not have considered otherwise;
  • 47% reported they are taking a more holistic approach to reward management.
Health Care Benefits
On the retiree medical benefits front, for the most part, cost-shifting efforts remain focused on future, not current, retirees. Just over half (51%) of respondents have taken or plan to take steps to reduce or eliminate subsidized coverage for future retirees, compared to only one-quarter taking or considering such action for current retirees.
Towers Perrin notes that employers are continuing to pursue an array of fairly aggressive actions that have marked recent cost management efforts, including a more targeted approach to cost containment, “zeroing in on program features that reinforce the concept of shared responsibility between the company and employees.” For instance, more than 60% say they have tightened or plan to tighten provisions in prescription drug plans and encourage broader use of generic drugs.
More than 70% of respondents have increased, or plan to increase, their investments in wellness and care/disease management, and 79% said there are no plans to reduce or eliminate investments in or incentives to participate in wellness programs.
“While the survey findings suggest that employers are keeping their heads in this worldwide recession, there’s also no question that they need to find new and effective ways to deal with the immediate concerns of a workforce that is steadily losing its confidencenot to mention its savings,” said Emmett Seaborn, a Towers Perrin principal and head of intellectual capital development for its human capital business. “As the benefits landscape continues to shift, the companies that will thrive over time will be those that start now to understand what employees value and what trade-offs they are willing to make, and to engage their employees in a change process that will yield more creative solutions to share cost and risk in ways palatable to both companies and workers.”
The Benefits in Crisis survey drew responses from 480 HR and benefit executives from a cross-section of midsize and large organizations in the U.S. It was conducted online in February.

IRS Publishes Sample 403(b) Prototype Document Language

The Internal Revenue Service has published some sample prototype 403(b) language – and wants to know what you think.
The draft information package contains samples of plan provisions that satisfy certain specific requirements of the Internal Revenue Code applicable to section 403(b) plans, and as provided in Announcement 2009-34, “interested persons’ are invited to submit comments to the IRS on the sample plan provisions.
In publishing the language, the IRS notes that the sample language is designed for use in a new Employee Plans Section 403(b) Prototype Plan Program. “The Section 403(b) Prototype Program will operate generally in the same manner as the current Master and Prototype Program for plans qualified under section 401(a) of the Internal Revenue Code,’ according to the announcement. The IRS notes that a sponsoring organization (generally a service provider) using the prototype document will submit a section 403(b) plan document to the IRS for review, and if the plan satisfies the requirements of section 403(b), the IRS will issue a favorable Opinion Letter to the sponsor with respect to the plan document. The sponsor may then offer the approved plan document for adoption by employers.
The IRS notes that the draft sample language is based on language previously developed for other IRS prototype plan programs (see Listing of Required Modifications for Defined Contribution Plans, Cash or Deferred Arrangements, Traditional IRAs and Roth IRAs) as well as the model section 403(b) plan language published in Revenue Procedure 2007-71.
The IRS notes that this information package contains samples of plan provisions that have been found to satisfy certain requirements of section 403(b) of the Internal Revenue Code, the final regulations issued July 26, 2007, Revenue Procedure 2007-71, and Revenue Procedure _____ [section 403(b) prototype plan revenue procedure]. “This language may or may not be acceptable in different plans depending on the context in which used,’ the IRS noted. “We have prepared this package to assist prototype sponsors who are drafting section 403(b) prototype plans, and to enable us to process and approve section 403(b) prototype plans more quickly,’ the agency explained.
Part I of the package contains sample plan provisions appropriate for section 403(b) prototype plans that are limited to elective deferrals. Part II contains additional sample provisions for section 403(b) prototype plans that accept contributions other than elective deferrals.
The IRS notes that certain section 403(b) plans may be covered by Title I of the Employee Retirement Income Security Act of 1974 (ERISA), but that since the IRS does not have jurisdiction over Title I, this package does not contain sample Title I plan provisions. However, the IRS also notes that prototype sponsors “may find that certain plan provisions developed to enable section 401(a) master and prototype plans comply with Internal Revenue Code qualification requirements that have parallel Title I requirements may be helpful in drafting plan provisions intended to comply with Title I (see, e.g., Listing of Required Modifications for Defined Contribution Plans).
However, even if such provisions are used, IRS opinion letters do not provide reliance for section 403(b) prototype plans with respect to Title I requirements, the Service cautioned.
The 403(b) Plan Draft Listing of Required Modifications and Information Package (LRM) is online at http://www.irs.gov/pub/irs-tege/draft_lrm_403b_prototypes.pdf

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