The Winding Yellow Brick Road Emerging Trends for Retirement Security 2015 Klausner Conference March 17, 2015 Cathie Eitelberg Rocky Joyner 8076089v3/96060.906 Copyright © 2015 by The Segal Group, Inc. All rights reserved. Topics for Today Ruby slipper measurements News from Oz When dreams go up in a cloud of dust Multiple yellow brick roads • National Institute for Retirement Security, Better Bang Part Two, “Still a Better Bang for the Buck” • A Canadian Plan to De-Risk Retirement Liabilities • Multiemployer Pension Reform Act of 2014 (MEPRA) Key Compass Points for Trustees 1 Slipper candidate number one GASB Ready or not GASB changes have arrived: Statement 67 for plan reporting: Effective for all plans for plan years beginning after June 15, 2013 (2013/2014 for fiscal year plans) Statement 68 for employer reporting: Effective for fiscal years beginning after June 15, 2014 (2014/2015 fiscal years) 2 Slipper candidate number one GASB Major “Game Changers” in the new rules—measure expense: Net pension liability reported on the balance sheet Expense and funding are uncoupled from one another Faster and more volatile changes in pension liabilities Expansion of Disclosure Information 3 Slipper candidate number one GASB Two key points regarding the new GASB disclosures: One: The underlying financial position of your entity has not changed. Accounting numbers have been rearranged in the financial statement. Two: The new pension expense is not intended and is not appropriate for use in determining plan funding. Contribution requirements will be determined in compliance with the plan’s adopted funding policy. 4 Slipper candidate number one GASB The faster—often immediate—recognition of net pension liability changes introduces much greater volatility in the reported expense. • This volatility will be reflected directly on the income statements of plan sponsors. This volatility is what disqualifies this new expense as a basis for determining a funding policy. 5 Slipper candidate number one GASB SIMPLE DIVORCE OR TRAIN WRECK Sponsors must review funding policies in response to GASB’s divorce of plan expensing and funding. 6 Slipper candidate number one GASB The following graph is based on: An open and ongoing Plan The funding % on an actuarial asset basis is 92% The Plan has a funding policy that amortizes its unfunded actuarial accrued liability over 10 years as a level dollar The current investment return assumption is 7.75% and inflation is assumed at 3.50% The projected cash flow will allow the Plan to use the long-term expected rate of return on assets 7 Slipper candidate number one GASB 20 YEAR DEMONSTRATION OF EXPENSE VOLATILITY UNDER THE NEW STANDARDS 30% % of Salary 20% 10% 0% -10% -20% 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Sample ARC 1990s 11% 14% 14% 14% 14% 14% 13% 12% 11% 10% 8% 7% 7% 8% 8% 9% 9% 9% 10% 17% 16% Sample Expense 1990s 11% 15% 12% 11% 11% 11% 8% 2% -5% -15% -16% -7% 10% 29% 30% 22% 17% 6% 12% 27% 27% 8 Slipper candidate number two Moody’s Moody’s has created its own method for evaluating Public sector retirement plans. The changes include: Actuarial accrued liability discounted using a high-grade long-term corporate bond index rate • Initially the rate used 5.50% (5.50% is used in the following illustration); for December 2014 the reported rate was 3.72% Asset smoothing is eliminated—results are based on fair (market) value 9 Slipper candidate number two Moody’s The changes include: Annual pension contributions • Based on 5.5% discount rate • Unfunded actuarial accrued liability amortized over 17 years as a level dollar amount Multiple employer cost-sharing pension plans • Liabilities allocated proportionally based on employer’s share of total contribution • Similar to GABS 68 allocation of NPL and expense 10 Slipper candidate number two Moody’s 2011 Valuation Results Reflecting Moody’s Adjustments Long-term discount rate 8.00% Long-term discount rate 8.00% Short-term discount rate n/a Short-term discount rate 5.50% Actuarial Accrued Liability $17.0 bil Actuarial Accrued Liability $23.0 bil Actuarial Value of Assets $10.0 bil Market Value of Assets $10.3 bil Unfunded Liability $12.7 bil Unfunded Liability $7.0 bil Funded Percentage 59% Funded Percentage 45% Employer Normal Cost $124 mil Employer Normal Cost $185 mil Amortization Payment $387 mil Amortization Payment $1,100 mil Annual Contribution $511 mil Annual Contribution $1,295 mil 11 Slipper candidate number three Your funding policy Each Public Sector retirement plan will have to develop a funding policy. This policy will establish: • The funding method—entry age, projected unit credit, aggregate or other reasonable actuarial method that best fits the entity’s funding reality • The asset smoothing method—including period and corridors • Amortization policy—establishes length and style for paying off any plan unfunded liabilities • Assumptions—the policy will establish a framework for choosing assumptions Note that the funding policy is designed to specifically fit the needs and specifics of the entity in question. • It is not a one size fits all determination 12 Which ruby slipper fits best? Obviously it is the one designed for you. • That is your personally designed funding policy But beware the wicked witches out there will try to force your foot into a one size fits all mentality such as • GASB—Developed based on the new GASB standards as indicated earlier. These results are for accounting purposes only. Expect liability and expense volatility. • Moody’s—Developed by Moody’s from published plan information. The results can be anticipated to fluctuate greatly from period to period. Reportedly to be used only for plan comparison purposes by Moody’s. • Other bond rating entities and the federal government may also develop their own internal determinations for various purposes. • To emphasize, Beware when trying to compare the various measurements – Only your funding policy is designed to meet the needs of your entity and its tax base. – The other measures to one extent or another are attempting to create a onesize-fits-all disclosure 13 News from Oz Defined Contribution changes under discussion • • • • Coordination of contribution limitations for 403(b) 457(b) plans Application of the 10% early withdrawal penalty on 457(b) plans Eliminate Required Minimum Distributions for Roth type accounts Allow Roth IRA rollovers to other Roth type accounts Development of retirement savings options • At the federal level proposals or actions include – MyRA, designed for low income savings as an entry into more traditional vehicles – USA Retirement, Senator Harkin’s proposal for universal coverage to supplemental current pension plans – SAFE, Senator Hatch’s proposal for extensive coverage using the life insurance industry to pay benefits – Administration looking at a combined tax-deferred cap on contributions to both DC and DB plans – Administration proposal for a Federal payroll deduction, auto enrollment IRA for employees without access to an employer-sponsored plan 14 News from Oz State Considerations Pension Obligation Bonds are becoming a topic of conversation in some circles. The New Jersey is suggesting a new governance structure for the states legacy and newly formed cash balance plans. Additional reform of existing plans to include transition to a defined contributions plans or options Derisking through adjustable benefits Shifting pre-Medicare retirees to health exchanges Leveraging ACA Medicaid expansion for some workers 15 News from Oz Development of public administration of private pension options At the state level new actions and proposals are developing rapidly The following map shows some states involved in consideration of private sector initiatives 16 News from Oz Source: Pension Rights Center 17 News from Oz States that have enacted some form of SCP legislation. State Year Action California 2012 Enacted bill (SB 1234) to create a state-sponsored payroll deduction IRA for employees of employers with 5 or more employees that don’t offer a retirement plan. Assets would be pooled and professionally managed, with a privately-underwritten guarantee. Board has issued a Request for Information, must conduct a market analysis and feasibility study and obtain authorization from state legislature as well as approval from federal Dept. of Labor and IRS before opening plan for participation. Massachusetts 2012 Enacted bill (HB 3754) to create a state-sponsored 401(k) for nonprofits with 20 employees or less, to be administered by the State Treasurer. The plan has received it federal tax qualification. In the process of implementation. Oregon 201415 SB 615 creates the Oregon Retirement Savings Board, to conduct a study to develop a private-sector worker trust that would be voluntary, portable and professionally invested for consideration by the Legislature in 2016. A Task Force reported in January 2015 to the State legislature recommending that the State create a privatesector retirement security program that encompasses nine principles, conduct market research, reach out to small businesses, and comply with federal and state law. 18 News from Oz The latest. State Illinois Year 2015 Action A payroll deduction- Roth IRA bill, SB 2758,The Secure Choice Savings Program, partly modeled on California’s SB 1234, adopted in January 2015 to be effective in 2017. Businesses with 25 or more employees will be required to auto enroll workers without access to an employment based retirement plan, employees can opt out, and investments will be professionally managed. The law is effective on June 2015 when appointments to a seven person board will be made to administer the program. 19 News from Oz States that have or are considering the issue. State Year Action Arizona 2014 Rep. Quezada & others introduced HB 2063 modeled after California’s SB 1234. The legislature adjourned without taking any action. Colorado 2014 HB 1377, which would have created the Colorado Retirement Security Task Force to develop recommendations to provide greater retirement security for state residents, passed the House but lost by 1 vote in the Senate. Connecticut 2014 Legislature passed budget bill creating the Connecticut Retirement Security Board and appropriating $400,000 to conduct a market feasibility study and develop an implementation plan for a public retirement plan. The board has been appointed and held its first meeting on August 6, 2014. An RFP has been issued to conduct a feasibility with the goal of selecting consultant by March 2015. Indiana 2014 Sen. Walker introduced SB 66 to create a state-assisted retirement plan under IRS Section 401(a) for employers and employees that do not have a workplace retirement plan. The bill would provide a 1-time $250 tax credit to participants who have not previously participated in a retirement plan. The legislature adjourned its session without further action. Kentucky 2015 HB261, would create the Kentucky Retirement Account, for private sector workers without access to an employer-sponsored retirement plan. A Board, appointed by the State Treasurer and Governor would select a Third Party Administrator. Investments are pooled, and auto-payroll deductions optional for employers and employees. 20 News from Oz State Year Action Maine 2013 Rep. Russell introduced LD 1473 modeled on California’s SB 1234, which died in committee. Maryland 2014 SB 921, which would create Secure Choice Retirement Savings Plan modeled after California’s, was introduced in House and Senate. The legislature adjourned its session without further action. The Governor signed an executive order creating a task force to study retirement insecurity in Maryland . The Task Force report is expected in February 2015. Newly elected Governor Hogan indicated that he will not support the implementation of a statewide plan. Minnesota 2014 HF 2419 directs the Minnesota Management and Budget to conduct a feasibility study for a state-administered retirement plan similar to California Secure Choice. The MMB is considering RFP responses to conduct a feasibility study. Nebraska 2013 The Retirement Systems Committee introduced LR 344 to conduct a study of the availability and adequacy of retirement savings of Nebraska private sector workers. The committee held a hearing on December 20, 2013. The legislature took no further action before adjourning. Ohio 2013 Sen. Kearney introduced SB 199 in October modeled after California’s SB 1234. The billed died at the end of the session. 21 News from Oz State Year Action Vermont 2014 FY 2015 Appropriations Bill creates a Public Retirement Plan Study Committee to study the feasibility of establishing a public retirement plan. Washington 2014 A bi-partisan bill called START, Saving Toward a Retirement Today, was introduced in both houses, HB 2474 and SB 6294. HB 2474 passed the House on Feb. 14 but the legislature adjourned its session without further action. West Virginia 2014 HB 4375 passed the House, but the legislature adjourned its session without further action. The bill would have created the WV Voluntary Employee Retirement Accounts (VERA) Program, a savings plan under the state treasurer open to private employers with 100 employees or less who don’t offer a retirement plan. Following the session, the legislature adopted a resolution creating an interim study commission (SCR 91) enabling the Joint Standing Committee on Finance and the Joint Standing Committee on Pensions and Retirement to study the retirement readiness of the citizens of West Virginia and a group government-managed retirement savings plan (VERA). Wisconsin 2014 Sen. Dave Hansen and Rep. Eric Genrich introduced LRB 3894-1, the Wisconsin Private Secure Retirement Act on Feb. 19th. The bill would create a board charged with creating a private plan as similar as possible to the Wisconsin Retirement System. The bill died at the end of the session. 22 News from Oz MyRA Provisions Concept introduced in President Obama’s 2014 State of the Union address Similar to a Roth IRA employee contributions are made after-tax, grow taxfree and are not taxed when distributed at retirement. Income limits to determine participation eligibility are the same as for a Roth IRA Maximum amount the account balance can grow to $15,000/or be in place 30 years, whichever comes first Single investment option the G-Fund is a federal savings bond indexed to the CPI Value of the investment is protected and interest is at a floating rate Pilot program is under way with Coamerica the selected plan administrator with wide availability expected by the end of 2015 Participation is voluntary for both employees and employers Website myra.treasury.gov provides individuals with a guide to calculate contributions, demonstrates how the account grows, and a link to sign up. It also directs employers on how to set up a payroll deduction plan. 23 When dreams go up in a cloud of dust Bankruptcy Issues Despite the gloom and doom reports following the 2008 economic debacle, municipal bankruptcies remain extremely rare. From 2008 to 2012, seven municipalities successfully file for bankruptcy: • Westfall Township, PA • Moffett, OK • Prichard, AL • Central Falls, RI • Jefferson County, AL • Stockton, CA • San Bernardino, CA 24 When dreams go up in a cloud of dust Bankruptcy Issues Since then the big bankruptcy has been Detroit, MI. Comparatively, almost 400,000 commercial bankruptcies were filed in the same period. Bankruptcy is a long and torturous path and even though a few local governments continue to struggle with budgets and debt, it appears but a few will turn to bankruptcy as a last resort. 25 Protecting the dream Plan Design—NIRS, Better Bang Part Two In December 2014, the NIRS released an update of their 2008 study “Better Bang for the Buck”. In spite of some discussions proposing to use DC plans as the base retirement in the public sector, this study shows that the DB model is inherently more cost-efficient than DC plans. 26 Protecting the dream Plan Design—NIRS, Better Bang Part Two continued These efficiencies in delivering benefits are due to three structural advantages. • Longevity risk pooling • Asset allocation • Low fees and professional management Consequently, any savings from shifting from a DB plan to a DC plan results from decreasing retirement income. 27 Protecting the dream NIRS, Better Bang Part Two Since 2008, improvements have been made in benefit delivery for some DC plans. The Better Bang paper refers to these as “ideal DC” plans, also known as pooled DC plans. These plans remove asset allocation and selection from the individual to a professional manager. Even with this improvement DB plans are 29% more efficient than an “ideal” DC plan. 28 Protecting the dream NIRS, Better Bang Part Two The chart on the following page from “Still a Better Bang for the Buck” illustrates the impact of these structural efficiencies inherent in DB plans. For an individually managed DC plan, a DB plan is 48% more cost effective in delivering benefits. As noted on the prior page, the efficiency is 29% better than an “ideal” DC plan 29 Protecting the dream NIRS, Better Bang Part Two COST OF DB AND DC PLAN AS A PERCENTAGE OF PAYROLL 30 Protecting the dream But only IF • We have learned the following lessons Fund Required Contributions Use Reasonable and Fact-based Assumptions Beware Retroactive Benefit Expansions Flexible COLA programs • Tied to actual performance • Prefund formulaic “ad hocs” 31 Canadian Plan to De-Risk Canada is facing a retirement income problem “…Canadian experience of the past ten years particularly, is that cost volatility largely driven by the inherent volatility of global capital markets understandably scares employers.” —Further to Benoit Mandelbrot’s The (Mis)Behavior of Markets who characterized all markets as “inherently unstable and inevitably subject to bubbles” 32 Canadian Plan to De-Risk But What If… a plan was designed to fix the employer cost but pool investment, interest rate and longevity risk for members? 33 Canadian Plan to De-Risk Targeted Benefit Plans In Canada, this is what has long been called a multiemployer pension plan—largely pioneered in North America A potential de-risking strategy since key DB advantages are retained although the benefit is subject to certain revisions Effectively manages investment, interest and longevity risk by a means that is otherwise not available to plan sponsors or individuals Jointly governed Board of Trustees involving the participation of all parties who bear risk under the plan (active, retiree and other plan beneficiaries should have voting rights) Board of Trustees would be required to act solely in the best interests of the plan members Plan documents negotiated between employer, members and retirees Actuaries call it “pooling of risks” 34 Canadian Plan to De-Risk Impact of Risk Pooling on the Distribution of Retirement Income Adequacy Defined Contribution Probability Probability Defined Benefit Retirement Income Adequacy Retirement Income Adequacy No risk pooling or guarantee Risk pooling with ER guarantee Probability Target Benefit Retirement Income Adequacy Risk pooling without ER guarantee 35 Canadian Plan to De-Risk Funding Policy New Brunswick was the first jurisdiction to enact both legislation and regulations No Solvency (mark-to-market) funding requirement, but required for disclosure. Stress-testing also required for disclosure Funding test would be either: • Going-concern funding with a provision for adverse deviation based on asset allocation/maturity; or • A probabilistic approach – e.g., 90% base benefits not reduced and 75% ancillary benefits not reduced 36 Canadian Plan to De-Risk Documented Detailed Deficit Recovery Plan Contain the triggering measures; Timing for implementation; and A description of all the required actions and their prioritization in order to achieve the desired level of funding Once started no consent of members 37 Canadian Plan to De-Risk Questions and Issues Plan design is very flexible, it is essentially any defined benefit type design. The “risk sharing” is among the plan participants, the employers do not share in the risk. No benefits are “guaranteed”, however by pooling the noted risk elements, the likelihood of making the “target” is much better than with a defined contribution plan. The lack of a guarantee may impact future retirement patterns. This will have to play out. 38 Multiemployer Pension Reform Act Remediation for Deeply Troubled Plans Projected insolvency within 15 years (20 years if 2/3’s inactives and less than 80% funded) Trustees have taken all “reasonable” measures to avoid insolvency Accrued benefits may be “suspended” (i.e. reduced) with limitations and conditions This is a major change from past ERISA regulations. 39 Multiemployer Pension Reform Act Remediation for Deeply Troubled Plans No benefit may be reduced below 110% of PBGC guarantees No participant over age 80 may be touched Participants between 75 and 80 the reduction is phased Trustees may consider a myriad of factors Treasury and participant approval is required Continuum of strategies for managing DB pension risk. A suspension is not easy to obtain and its application is limited but there are certain key multiemployer plans that this will help. 40 Key Compass Points for Trustees One size does not fit all. Your funding policy is the only measurement designed for your plan. Do not expect much legislative action on the Federal level but watch for the evolving interest at the state level on improving the retirement options for private sector workers. While specific bankruptcies will continue to make the front page, this is not expected to become epidemic. Most entities continue to adopt sound financial principles for their constituents. 41 Key Compass Points for Trustees There is nothing better or more efficient for delivering retirement benefits than the DB plan model that covers almost 90% of public sector workers. However, de-risking retirement costs (i.e. limiting contribution fluctuations) is hot now. • The Canadian target benefit option has been implemented in New Brunswick and its getting some serious consideration throughout Canada. • On the U.S. side, MEPRA has established a systematic methodology for dealing with deeply troubled plans. Use your brain, heart and courage to find solutions 42 Thank you! Cathie Eitelberg Senior Vice President Director Public Sector Market 202-833-6470 [email protected] Leon F. (Rocky) Joyner, Jr. Vice President and Actuary 678-306-3119 [email protected] 43
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